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Norton,

Melissa K
From:
Posted At:
Conversation:
Chris Hastie
<hchastie@yahoo.com>
Friday, February 15, 2013 12:11 PM
Consultant
Proposal
re Ini 502
Subject:
Consultant
Proposal
re Ini 502
Please find
my
attached
proposal.
I
hope
it is in the
proper
order. If
you
have
questions, please
call me
rig ht
away.
Thank
you,
Chris Hastie
1
00005807
H. CHRISTINA HASTIE
4822 W.12h Ave
Kennewick, WA 99338
(509)551-0555
hchastie@yahoo.com
February 15,
2013
Via Email
K430@lig.wa.gov
Attn: Procurement Coordinator
Washington
State
Liquor
Control Board
3000 Pacific Ave
Olympia,
WA 98504
Re:
Proposal
for
Consulting
Services re initiative 502
Dear Sir or Madam:
I am forwarding a
summary
of
my experience
for the
purposes
of
obtaining a consultants
contract in the area of Product and
Industry Knowledge.
I worked as a
paralegal
for over 25
years.
I have
knowledge
of law
pertaining
to the state of
Washington, including
but not limited to
j urisdiction, legal issues,
material
issues,
the court
systems,
and
its rules and
regulations. Following
the loss of
my j ob
in 2010 I
began
to work with
my
husband
growing
and
cultivating marij uana.
Its
purpose
was marij uanas
medicinal
properties.
The
following sets forth the
knowledge
I have
gained
in
cultivation, infusion, preparing canna-butter, canna-oil, baking
edibles and
making
cannabis infused creams and lotions.
1. Product and
Industry Knowledge
I have
grown
cannabis
hydroponically,
indoors in soil and
pots
and outdoors in soil. I consider
myself
to be
very knowledgeable
of the
necessary requirements
for
growing marij uana, including
the
proper ventilation, light requirements, humidity levels, nutrition, soil, reading deficiencies, ability
to
.
correct a
deficiency,
and I am organic-minded. My
husband
developed an organic soil,
and
shortly
thereafter a
company
that concentrated on organic growing, organic
soil and
organic nutrients, namely
Planets
Organics. My
focus is to avoid
toxins,
chemicals and
commercially prepared stimulants,
hardeners,
etc. I am concerned with
safety.
We have
enough
harmful
things going on in our soil and
with our food.
I have
knowledge
of
every aspect
of
growing marij uana
from seed
stage
to
curing stage.
I know
how to
produce a
premium product.
More
importantly,
I know how to
process
it to make other
products.
Proposal
for
Consulting/Product/Industry Knowledge-l
00005808
I have selected certain
varieties, germinated seeds,
taken and
processed clones,
and am
very
successful hi this area. I can determine the sexof a plant,
knowhowto
propagate
and
cross-propagate.
I have used the Fim
Technique,
which is to
pinch
back two center
leaves, causing
four leaves to
replace
the two.Abushier
plant
is the
goal.
I t s not
really advantageous
in
my experience.Key
I s to
feed
plants properly
with microbes and
organic
fish
matter,
and to eliminate stress. I like to see
branches left as is,
because it will
produce strong
main branches that will
support heavy
"colas".
I am
experienced
with
pests,
as well as
why pests
are attracted to
plants ( stress) ,
and the
necessary requirements
for
ridding
harmful
pests
and
maintaining a
healthy
balance of
good pests.
A
couple
of
years ago
I created an
organic pest
control
spray
that works
great
on
spider
mites and
fungus.
Plants benefit from it with
nice, new
green growth
and love it.
Marijuana plants
do not
particularly
appreciate
chemicals
sprayed
on their leaves.
They
feed
through
their leaves.We don t want them
feeding on chemicals.
I am
experienced
in the area of
light requirements, ways
in which
marijuana plants are affected
by light,
different color
spectrums
and
how/when plants
benefit from each.I am experienced
with the
use of various
lights
and ballasts for
indoor/hydroponic growing, including
the
amazing
LED
lights,
which
are much more economical to
operate, though a more
expensive start-up
cost.
From
experience
I can determine when a
plant
is at its
proper maturity.
I
normally use a
scope
for the final determination.
Signs
of
premium,
mature
marijuana are based
upon
several factors:
namely,
the
fragrance;
color
oftrichomes;
size and
shape
of trichome
glands,
etc.
Marijuana
is
harvested at its
height
of
maturity,
or
according
to the
physical
effects desired.I am able to
change
the
effects
according
to the state ofthose
glands.
I am knowledgeable
of I ndica and Sativa varieties.Cannabis has various
potential
effects and
there are thousands of varieties.I am adept
at
caring
for
any variety.
We
continually
feed
plants
with
Organic Liquid
Fish
Hydrolysate. My
husband is a distributor of
Organic Liquid
Fish
Hydrolysate,
and it is sold in his line of
products.
I t is an awesome
product.
We also
feed
plants
with Tainio
B iological Technologies
microbes and
minerals, along
with our Organic Liquid
Fish
Hydrolysate.
Tainio
products, along
with
my
soil and
liquid
fish create miraculous results.
And,
it is
100%
organic.
We also
practice
and would recommend
regular
foliar
feeding.
I am
experienced
in
quality trimming by
hand and machine.I knowhowto cure
marijuana
and
for how
long.
This is
probably
the most
important stage.
I t must be stored in
tight fitting
containers in a
cool,
dark
place
for several weeks to months.As
marijuana cures it
improves,
if done
properly.
I f
not,
it
develops
adverse side effects and loses
potency, flavor, aroma,
and it deteriorates.
I nfusion:
Marijuana
is infused
by
three different
means, alcohol,
oil or water.I am
very
knowledgeable
in this area.I have been
using
infusion for a
couple
of
years
to make edibles. I am also
involved in
using
infusion to make
pain relieving cream and
lotion,
for which I h ave
many
testimonials as
to its
amazing pain
relief.
I am
experienced
with the
process
for
making
cannabis butter and
oil,
which I believe is an area
that needs
knowledgeable, experienced people.
I f not infused
properly
there can be serious medical
complications,
and it is all in the
preparation.
Most
people
are not aware of that.I t is in fact
dangerous
Proposal
for
Consulting/Product/I ndustry Knowledge
-2
00005809
not to
give marijuana
the
necessary
infusion time to extract the desired CBNs
(pain rel ieving
properties) .
Packaging/Label ing/Transporting: My
recommendation for
packaging
woul d be the traditional
packaging: pl astic baggies. They are the most
economic, however, they are not
airtight
and the
product
tends to
dry
out and deteriorate
q uickl y.
The best
storage
container is
airtight gl ass,
but it is the most
expensive.
I ts
important
to
keep
the
product
in
airtight
containers to retain moisture and THe. Gl ass is
best for
accompl ishing
that. Another
possibil ity
woul d be
pl astic
amber
prescription
bottl es. I t is stil l
economical and a
preference
over
baggies.
I woul d
suggest
l abel s that
provide
information as to
variety, weight, organic
vs
inorganic,
warnings
to
keep away
from chil dren and
pets,
ordinance or WAC code and bar code. As far as
transporting
the
product,
I dont have much
expertise
in this
area,
but common sense tel l s me it is best
transported
with a vehicl e,
in
exampl e
truck or van. The seal ed
product can be stored and
transported
in
metal
l ocking
cabinets. r can
onl y imagine
that
dail y
or
weekl y
routes woul d be
incorporated
in order to
service the
dispensaries
and consumers.
Perhaps, an armed
security guard may
be a consideration since
it is a val uabl e
commodity.
I f the state of
Washington pl ans
to track sal es
and/or consumers and
consumption,
then
obviousl y
a
computer generated program
woul d be
necessary,
with a secured
l ogin on both ends. I t is
reasonabl e to
pl ace
cured
marijuana
and its
by-products
in l icensed
dispensaries,
and
preferabl e
I
bel ieve to the tal k of
pharmacies retail ing marijuana.
How whol esal e and retail
product
shoul d be recal l ed: Each
pl ant
shoul d have a l ot/product
number. I woul d think hired or contracted
inspectors
woul d
regul arl y
examine retail and whol esal e
product
for sal e in
dispensaries
for the
Rurposes
of
checking
for
fungus,
mol d or other deterioration.
Lab tests woul d be invol ved I assume ifthere is some reason for recal l .
Cl earl y,
that woul d be done first.
I f
product
has in some
way
deteriorated or spoil ed,
it shoul d be
picked up, properl y disposed of,
and the
product repl aced.
One shoul d consider the
storage
conditions of each.
dispensary
as to a causal effect for
the recal l .
How
marijuana
shoul d be
destroyed
if over produced,
contaminated or recal l ed: I f
contaminated,
the
product
shoul d be incinerated.
Depending on the reason for the recal l or
overproduction,
there are other medicinal uses for
marijuana.
I thank
you
for
your
time and consideration. I am
very
interested in this
project
and I
sincerel y
hope
I have the
opportunity
to tal k with
you
soon.
Very trul y yours,
H. Christina Hastie
:ch
Proposal
for
Consul ting/Product/I ndustry Knowl edge-3
00005810
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 11:50 AM
hchastie@yahoo.com
WSLCB RFP K430 -
Rej~ ction
Notification
K430_Christina
H astie_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00005811
Washington
State
liquor
Control Board
FeblUary 25, 2013
H. Christina Hastie
4822 W. ] 2,1<
Avenue
Kennewick,
W A 99338
Subject: Rejection
of
Response .to Washington
State
Liquor
Control Board
(WSLCB)
Request
for
P roI )osals (RFP ) K430,
I nitiative 502
Consulting
Services
Dear Ms. H. Christina
Hastie,
This letter is to inform
yOll
that
your response
to Request
for
P roposals (RFP )
K430 has been
rejected
because it failed to confoml to RFP
requirements.
Section
3.2, P reparation
of
P roposals,
states.in
part:
"...I ncomplete or
vague responses may
be considered
non-responsive
and
may
be rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualij
the
P roposer fi on!
fitrther participation
in this RFP
...
"
I t is the sole
responsibility
of the
P roposer
to understand the RFP
requirements
and ensure their
P roposal
is
complete.
Ms. Hastie failed to
complet.e
and submit the
following required
items in
response
to RFP
K430;
P roposer s
Authorized Offer, P roposer I nfonuation,
Subcontractor I nformation, Non-Cost
P roposal
and Cost
P roposal.
Ms. Hastie submitted an
incomplete
and
vague response
and is thus deemed
non-responsive
and
rejected
om fmiher
participation
in this RFP .
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
I f
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or cmail
atjsf@liq.wa.gov.
;! :::p-
P rocurement Coordinator
cc: K430 Contract file
3000 P acific Ave.
SE,
P O Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005812
Washington
State
liquor
Control Board
February 25, 2013
H. Christina Hastie
4822 W.
12 Avenue
Kennewick,
WA 99338
Snbject: Rejection
of
Response .to Washington
State
Liquor
Control Board
(WSLCB)
Request
for
p,"oposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Ms. H. Christina
Hastie,
This letter is to inform
yOll
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it faned to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
pmt:
"".Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected. Failure
to
complete
and submit the
required
items listed in this section
may disqualifY
the
Proposerji-om
further participation
in this RFP
.".
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure tbeir
Proposal
is
complete..
Ms. Hastie failed to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposer s
Authorized
Offer, Proposer Information,
Subcontractor
Infon1mtiol1,
Non-Cost
Proposal
and Cost
Proposal.
Ms. Hastie submitted an
incomplete
and
vague response
atld is thus deemed
non-responsive
and
rejected
f om further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email
atjs! @ liq.wa.gov.
:;l:f~
Procurement Coordinator
ce: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005813
Norton.
Melissa K
From:
Posted At:
Conversation:
J ill Lamoureux
<jillklamoureux@gmail.com>
Saturday, February 23,
2013 9:36 AM
K430
Response
Subject:
K430
Response
Hello Mr.
Farley
-I
appreciate your correspondence
to Denver Relief
Consulting.
We had emailed
your
office
prior
to the deadline from
gelmifer@cannlabs.com
to let
you
know that we were having
issues with the file
size. Gmail has a 56
kg
file limit and our email bounced back. Is there
any possibility
that the WSLCB could
consider that first
correspondence
as our timestamp (as
the file
compression
took a few minutes to
complete)?
Thank
you
for
your
consideration.
Sincerely,
J ill Lamoureux and Ean Seeb -Denver Relief
Consulting
From: 1(430
<K430@1iq.wa.gov>
Date:
Fri,
Feb
22,
2013 at 4:17 PM
Subject:
WSLCB RFP K430 -
Rejection
Notification
To:
! 2! ln_ @stf; )nY _ f; )lI! 2h~ i QmmWl1& m
Good
Afternoon,
Thank
you
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
J ohn
Farley
Procurement Coordinator
K43Q@liq.wa.gov
@Ii
1
00005814
JiII Lamoureux
I
Patients First
Program
Director
Americans for Safe Access
I
720.335.1386
I jill@safeaccessnow.org
o
"""~"~---_.._---
o ~1, 0 ~f,
~t ~~:
2
00005815
Norton,
Melissa K
From:
Posted At:
Conversation:
J ill Lamoureux
<jillklamoureux@gmaiLcom>
Friday , February 15, 2013 2:47 PM
K430
Question
Subject:
Re: K430
Question
Hello Mr.
Farley ,
I am
writing
to
inquire
if late submissions will
automatically
be
disqualified.
We had
problems
with our file
size and email
sy stem
and sent it 20 minutes late. We did send an email2:00
pm notify ing
WSLCB of the
problem we were
having.
Thank
y ou
in advance for
any
information
y ou may
have.
Sincerely ,
Denver Relief
Consulting
On
Mon,
Feb
11,2013
at 9:52
AM,
K430
<K430@lig.wa.gov>wrote:
Good
Morning J ill,
Thank
y ou
for
y our inquiry .
The WSLCB
strongly encourages
that all
Proposers register
in WEBS. As stated in Section 13
of the Solicitation Standards document:
~ .. To ensure
receipt
of all solicitation
documents,
the RFP for this solicitation must be downloaded from
WEBS. Notification of amendments to the solicitation
may only
be
provided
to those Vendors who have
registered
with WEBS and have downloaded the RFP from WEBS. Failure to do so
may
result in a
potential
Proposer having incomplete, inaccurate, or otherwise
inadequate information, or a
Proposer submitting an
incomplete, inaccurate,. or otherwise
inadequate Proposal. Proposers
and
potential Proposers accept
full
responsibility
and
liability
for
failing
to receive
any
amendments
resulting
from their failure to
register
with WEBS
and download the RFP from
WEBS;
and hold the State of
Washington
harmless from all claims of
injury or loss
resulting
from such failure..."
Please feel free to contact me if
y ou
have
any questions or need
any thing
else.
Thank
y ou,
J ohn
Farley
Procurement Coordinator
1
00005816
K430@liq.wa.gov
From: J ill Lamoureux
[mailto:jillklamoureux@gmail.com]
Posted At:
Friday, February 08,
2013 9:52 PM
Posted To: K430
Conversation: K430
Question
Subject:
Re: K430
Question
Mr.
Farley
-thank
you
for
your response.
Do
they
need to
register
on the WEBS
system
before
submitting
the
K430
response?
Thanks
again!
J ill
On
Fri,
Feb
8,2013
at 11 :19
AM,
K430
<K430@liq.wa.gov>
wrote:
Good
Morning J ill,
Thank
you
for
your inquiry.
The
proposer
is not
required
to disclose their revenues.
Please feel free to contact me if
you
have
any
additional
questions.
Thank
you,
J ohn
Farley
Procurement Coordinator
K430@liq.wa.gov
From: J ill Lamoureux
[mailto:jillklamoureux@gmail:com]
Posted At:
Thursday, February 07,
2013 9:52 PM
Posted To: K430
Conversation: K430
Question
Subject:
K430
Question
Hello Mr.
Farley.
I am
working
with a consortium
planning a
response
to K430. We have had the lead
company register as a vendor in the WEBS
system.
We were considering switching
our main
proposer finn,
but
the other
entity
did not W31 to disclose their revenues. Must the
proposer
disclose their revenues? Thank
you
2
00005817
in advance for
your
time.
3
00005818
Norton.
Melissa K
From:
Posted At:
Conversation:
Ph ilip
Snow
<p h ilip @vicentesederberg.com>
Friday , February 15,
2013 2:29 PM
RFP-
K430, Denver Relief
Consulting
LLC
Subject:
RFP-
K430,
Denver Relief
Consulting
LLC
Attach ed
p lease
find our RFP. Please refer to th e
p revious
email from Genifer
Murray
as we were
exp eriencing
tech nical difficulties with th e file size. We
ap p reciate y our understanding
in th is matter.
If
y ou
h ave
any questions, p lease
do not h esitate to contact th is office.
Th ank
y ou,
Ph ilip
Ph ilip Snow, Esq.
Vicente
Sederberg,
LLC
Ph ilip @vicentesederberg.com
(p )
303-860-4501
(f)
303-860-4505
www.vicentesederberg.com
VICENTE
SEDERBERG,
LLCS SERVICES ARE STRICTLY LIMITED TO THE CONFINES OF
THE LAWS OF THE STATE OF COLORADO. ALL ACTIVITIES RELATED TO MEDICAL
MARIJUANA ARE ILLEGAL UNDER THE LAWS OF THE UNITED STATES OF AMERICA AND
NOTHING CONTAINED HEREIN NOR ANY OF OUR SERVICES PROVIDED ARE INTENDED TO
ASSIST IN ANY WAY WITH VIOLATION OF ANY APPLICABLE LAW.
CONFIDENTIAL --
Th is
message
and
any
enclosures are intended
only
for th e
p erson
to wh om it is addressed. Do not forward th is
message
with out th e
exp ress
consent of th e sender. If
y ou
are not th e intended
recip ient,
p lease
do not
cop y ,
disseminate or distribute th is
message.
If
y ou
received
th is
message
in
error, p lease immediately notify
th e sender at
Ph ilip @vicentesederberg.com
and delete th is
message.
1
00005819
Norton.
Melissa K
From:
Posted At:
Conversation:
Subject:
Genifer
Murray <genifer@cannlabs.com>
Friday, February 15,
2013 2:00 PM
RFP-K430,
Denver Relief
Consulting,
LLC
RFP-K430, Denver Relief
Consulting,
LLC
We are sending our file
momentarily Googlemail
doesnt allow this much data at one time. Please call ifthere
are
any
issues.
Thanks,
Genifer
Murray
720.998.9454
genifer@cannlabs.com
www.cannlabs.com
f01
L:::J I .
1
00005820
, t ~ ; ~
Washingt on
St at e.
: .~ i : a
Liquor
Cont rol Board
K430PROPOSAL
February
is,
2013
+ oenv erRelief
.
CONSULTiNG
(; upyrignt @
2013
t h~ ~ l\ ~ T
Rdi1/f
Cun: > ult lrt g,
Lt C
00005821
PROPOSERS AUTHORIZED OFFER
(PROPOSAL SIGNA TUllE
PAGE)
IIdtlntive.502
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:Issued
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UtWm C o ntro l BOIlrd
C crunealOIIS Ilnd i\SSU"Ul~~S
ill"
!\lake !h~
f o llo w ing certif icatio ns and llSSlll1 lil< < sau
req uired
el lThInf "nile R
(>
llse. to \\hkl! it is attaebed.
Ilf f irminj 1 .
the
mtthf ullles" "f llle f ads declared here and a"kll
w !edg J u!!tlw l
the
cOlltinuillG C < nJ p llance
w itl1 th", , " statements nn.; ! "II
""Iuirem.n!,
!If
the RFP are co nditio ns
p tcecdc.nt to Ille a"m!d o renuti nuatio n o f the
resulting
C OlllnlC 1 .
1 . The
p ric",
in thts
Res!>""",
1 I0.w been arriv.d til
indep endent I). w bo ut, ill, the
i""p o , . uf , esltictin/ l. < ", mp etillo n, all)
C Ol1 iSU lta
Tt. < :Q mtTuiJ ~f c@ dJ )lt. o r
ug rttitrct1 I
w ith
f itly
o thr; .f Of f ero r (If to m~tlto r relntins; to (1 ) tho se
p l:~ es, (1 1 )
tbe int:end t\ to
~ub, , 1t all Omw .o r (iii)
Ibe m.lho d~ o r ", ..to ", used 1 0 cl< lculurc lile
p rk..
Of f .f ~d, rh~
p f icc, j n
thi,
Ro .p o ", ",
hllve nut been
and w ill no r
bef lOw ing l,
di, clo sed
by
IlIe o f f er"r, direct
I} o r indi, eel
>.I, , .llny
o lher o f f ero r o r C Omp el; lm
bef l1 C o ntract
aWllld lIItltss o therw i.e
r"q uire b,
lllw . No
allelllp l
h~s beo " mOlde 01 w ill be mild. the o f t r(lf W induc"
any
o lher .Ollo em
to submh 0r nOE h1 sal:mI1 ml o ller f o r the
p -UrrJ
S o f
r~strklirtg C mp t} ; { lH f
.lt~\\~, , (; r.
w e
m~y treely j o in
w hb iher
p C J Sty~H
o ro r; g ; aniz al, io n.s.
C o r tne
p urp o se
o f
p resl.1 nt ng
a
5illg lc Prnp
suL
1 , The iluucled
Res!, , , ", , ,
i. " 1 1 1 !lcro r tOr u. o llQ d o f 1 20
dny. lbllc, , , illj !
Ihe
lte>p o nre
Due DaW
p "df ied
in Ihe RF1 . and it
may
be
llOce"w hy
Ih.
Wa, hillg to ll Slate
Liq uo r
C o nll, , 1 Ihmld iWSLC B WItJ IQ IlI tlmher
n.g Ollatl~n (excep l
w here
Ilp vi"I$I, .
req uired b, l.ck o f
ce"ainlY
in
ke) terms) al
UIl)
time w ithin lit. 1 :0
rlnl "eI
, , < I. Inlh. caw "rllOte51 . < >ur ResIo n, .
w
renw in valid f o r 1 60
da.:rs Of undllhe
p r
lc5f and
tmy
rdiLlcd < :OUI[ u tlo n is reso lve-d. w hh:hever 1 :S later.
J
^
In
p rt.1 lu.dng
this
ResPQ u::w . w e hnw m:H beltll -tl$Si sted
hy allY
-cuirelit o r f o nner
f tltp to yee
f th Smle rW $h
i1 ; ~to u
Vdl 5:e
dutie, ", Ial~ lo r did
relar, , ~ to this , , , licitario n. o r j lro sp ective
C mllraC I. ""d \vlm w as ~illiiS!itll! in o ther Iltan his i)r her o f licinl.
p ublic , aracilY .
Nelther do es so eh a
p erso n nOLan]
membl 1 !h em her immediate
tlimily
have all} f ill< ll1 do llnte", llnlhe
< >U1 C Otlte (>1 "1 1 1 1 ,
R..p allsc. Any o xcep litm, Nt If lese ""mnntes arC I" b d., cribed in f un delililOlI"
, ep urate p Il!e
alld"llildtcd
!ttlhe
Pro lo ser, Re, (>o , , ",
4 . IW un< 1 erlil, nd that llie
Washing to n
Slnle
Llq !l f C o ntro l Bo ard
(WSLC B j "m 001 reimburse us f Or
an.~
("51 incurred in rne
p tep l1 rmi1 f I
nf lll.s
Rcsp o n5e. All
Resp j J l!$e~
beco me the
p ro p erty
o f rhe WSl.C B. and w e C IU ll I!u
p lo p r, ctllry rig ht
tu Utc
idtH1 S.
\"lf riting s, Hems, \1 r s!lmp lts
lU (; S:ii so 5-lntedin the
Resp o nse. S:ubmisiiio n nf the attached
Resp o nse C tHls tUlltS. an
.ccep tanee
o f llte cI.ullml .riteria ndul1
~g re~melll
to .bide
by
Ihe
IIo cedul1 >S
imQ ail lh.r ndrtti!llslralvc
re, ~lire!llenIS
described in. tilt, , , , licitatio n do cument.
!j , \Vc tmdl, .~Nlalld thtU
81 1 )
C Oltt1 !lC l a\\-ard d. 5 It result Gf lllis RFJ ~ v. ill inc
ll>o m~tUn
the Ro l-tdmlio l1
ruq [j in.m(~l1 { s. Suhrn $!l.icm
o f a
Resp use nnd exccutro no f this C C ltif ::at[o Hsand As< suraf l:C cs rlOC UlUl!nt
C irtll) o w w Htin, g o e:is to
co mp ly
w ith the
C ", llmcllenn, and eo nditi\llls ll
p ea, ing
in
t\p p cndi~
B.,
lo r sll ~I"ntiu!ly similar
rerms],
if >elected us C O"lruC l", II is Further
tmdcrst o d rbat < nil sl..nll", , ! co ntract w ill no t !>e. co nsidered as a
rep lueemcm
f o t d1 e IeIm.> , macaud; !!, , ",
allp carlng
in
Ap r", !, di,
Il , , !thi, so lidtatkm,
. W~ (drelc o ne) are llrI!~1 submiuing p mp o , ed
C o ntract
e""p t; o ns.
7, l..e llUlho riz ed
Si@ .ualo ry
bel""
ackno "led!!< , s 1 1 avillg
"lid and ulldmw o d Ihe cntir~ $o lidlalillll and
"Illces
to
, )nW

w lllt tlie
terms andco nd l l\:; o f the so Hchatkm in
tiuhmitllug
nn-d
f ulf illing
[he o tlt:r made in in.:.
Pro p DsnL
8.
By
sulJ m
~ing
1 1 th
Pw (>snL
Pro p o l< r hereby
o f f ers to umi, "
muterials.sup p lies.
service, ant!/ Iil
eq uip ment
in
mlllp li!tllce
w ilh all tenn, . co nditio n.. and
sp edl; c, lli\1 tls cOOtaltlc" in this so lichatio n.
t).
P:ro -POStT
has rt"J and understands the
t1 ; "q uirenu:t1 r-~o f
tilt? W SLJ .:Uf j .c t 1 0rlh in nd
f HH1 .t n:ing
1 0- lnithttivt" 502.
I
lct\-ig tlaWl)
hdllW
rep resentr;
that he.sbf ; hll~i the iHltho r
l) m hind Ihe
co mp any
l1 a~ned bdnw lo the
Pro p usal
~ubTnilt>li~d and
uny
nmln t
illivar9 tf d
i$; ~:!:ulto f this so lic1 la Ott
, "
, 1 /
I
0, ..", R~li.f (()I$"ll
l1 g .
LtC
/
, ~
"
EHn.
Stf 0bo .M auag ing ; M tanber
Febl"uar)
1 5, 201 3
RW.K4 J Oj Pag o 3
PObilil IS, 201 3
00005822
00005823
00005824
,
rICENTE__~_
V s
ERBER
BR!A~ \ i 1 l F t . . 1 T, E\ { ) .
Ci l l USTi AN Eo Si J fRHI. RG, Es l . } ,
,hl \ S1 1 0A K / \ l > p
,"
Es ,l ) .
PfIH. U SNO\ \ . E St ) "
SIL-\ t H ::\ IHU;. ESQ. { Ut \ :l l ~d i n l \ Ja SS4 l dH!~~n:i
~l 1 1 1 ) t
OF nn~ 1 : > 1 DNV IJ{ \ ~n Bos w\ :
[) E \ vri l : OF Ht . F
t i n (RM;f St a Ht . Sl ur 3DI
l l "" R, CO a 020J
en JU3. gf1 l j. ~50l 1 1 1 3UJ-g~Il . . 1 51 ) ~
F eb. 1 S,. 201 3
To Whom It
l vl a y
Concern,
V i cent e
Sederberg. Lt C, ha s revi ewed t he endos ed documem RF P 1 <4 30 a nd
a grees
t o a l l
s t a nda rd t erms . condi t i ons a nd
requi rement s .
Pl ea s e feel free t o COl l t a ct l i S for
!l ny
cl a ri l i ca t i on.
Si n,cet el y .
.
i f
,
)
/ / ~
HAHn
V i cent e. Es q.
00005825
BBC
R E S E A R CH & .
CONS ULTING
F e b , u a r > , 14, 2013
S n~tc
ofWa shlngton
Liqu or
Con tl" < l I Boa r d
3000 l a cme A ve S I
P. O. BOK 431190
Olympia ,
WA 98504
R e : S ta te me nt of Contr a ct Te r ms
A . cce pta nce
To Whom It
Ma y
Cone e nl:
Imc R e se a r ch &
Consu ltlnll, su hcontr a ctor to ! l~~llve l
Il" H e fConslIlting,
ha s n~a d the mode ! contr a ct
for solicita tion K430, a nd
a gr e e s
to a d. he r e to a ll
r e q\lir e me nts pr e se nte d. F u r the nnor e , we a lllr m
tha t we will me e t
a lll e qu l, e me nt
e sta b lishe d fol P, lme Contr a ctor sta ff.
S lnc~r e ty,
A da m Or e ns
Dir e ctor
" If. } ; , > , :, " " " " ,
> e . - -
1" . , . " (> , ); y,
00005826
1 : ~ I ~ , Q ! 1 k ~ " I 2 . ~
" ~ ~ sx r \k \h: : u . \\i: . : - \L ll C: 1 l (
n" I l \<L {01 0
f > l hH k
\\
it h 1 n il 1 ~ St ar. ; ( it l h1 ~ B{l o. rd EH P t ~ , ~ r h t wl i\c
j , F\ ~ J " t : 1 , , {;~ J 1 nl ~ l h~ has r<: , ;M J 1 h1 ;, " t ;onl r. : . t t t
~ in{f l . \. : k ~ (x! ih~ : . . . . t . t l X iJ aw I t : n: n~ il t l l
t H ndH inn~ ~ m~ J
a~ r, . , ~
I t \ ;J il
f t ;\! ~ j , m: ! H l ~ ! 1 h
{<;\t 1 n . H h~ " : nl rm: " t hat , ! m~ \! t ;i; nit
I h~
rt . , xl uif t : nJ t : l l t ~
> t . aNj ~ ht . " i
00005827
~ 1 4 . F R R N J :
4 1 4 8 N . Arcadm Dr.
IbOOIl
,
AZ 8501 8
F ebruary 8,
2!l1 3
To Whollllt
Mny
COllcern:
This . Iettcl is to serve as C!lIlllml1 1 I O!l thaI! have read Ihe K4 30 COlllillCI for Ini. tiative 502-
Consulting
Services !1 J r the Washington
Stat",
Liqnor
Control Board. The standard tCl1 ns
and
conditions hllve beell reviewed and!
agree
1 0 all
requirements p resented.
Sincerely,
2"",--. . . ,_"
,,: ; .
"-,
Kris Kralle
M!maging
P~ rtl1 . r
4 rmn! Advisors
00005828
Lf:TTER OF SUBMITTAL
February
15,2013
To tbe
Washingt
n Stilte
Uquor
Control Board,
Thank
you
fo! the OP P Ortlln y
to
n,sp Olld
to Rf1 K430, Ills
wItll
great
interest we resp ec tfully
S\lbm r Olil
resp onse
and Introduc e ollr team to
you,
We hays c rafted il skilled, ! ,assiollate
ami c le:dic ated team to assist the WSLCB III the
exc iting
and hls! u1c task that is b0; 1 re
you,
Our t,mm draws from a network
ofelCp erienc ed
ami resp ec ted
individu.ls and
urganJ".tions,
We have hands-on exp etienc e
tn the most tightly regul< lted
med! c lll
n\~ .rlj uall< l.st
te In
the
c omttly,
Colorado, as well asln regulated systems
in
many
other states, Altlwugll
our team Is c m
flrJsed
of five
entities, we have worked
t( ) g~ ther
101 several
years
hI marij uana p olic y
and
regulation,
We are ke! lnlYilwam
01 eac h
others sldlls and tillentsl! l1d w not
require any
lead lime to organize
th~ team
~
we c an work
effic iently
and
effec tlvdy irn.mediatslYllp on
C! lllttac r .exoc ulion. Our team is dedic ated to the
c omp letion
Of the WSLCB c ontrac t and
will make It our trst
p riollty,
Denver Heller Consuitii\g,
I..I,C, Oll!
p roj ec t.managc r
ilnd p roduc t
and
industry knowledge
teallllead, is one ! lithe
most resp ec t~ d ( lp erator~
in the medic al marij uana. nd~ lstry. lheyl1av~
been desc rbed
bylaw
~ llfUlCefllent ! lfklals
< IS model
op erators
; lml have
p rovided advisory
servic es nationally.
Their c ultivation
exp ertise
has been develop ed
by c mnbining years
of ommetl:ial
gretmh! l\lse exp er
eJlc t!
with e~ tel1siye IUlowledge
( 111 m< 1riJu~ ! Ia genetic s
and
c llltlvns, 11.5
p lOp oser,
Denver HelierCollsulUng
and fts team of c onsldtants, will
manage
the
p roj ec t
and the team
suhc ul1trac ror$,
Vic ente Sederberg,
LLC, 0111 Illg! ! l
tC l) 11ead am!
p roduc t regl1l~ tioll
team lead, p rovides legal
:rervic es to hundreds of
bus nessdients
up ~ ratillg
in
ragulatgd marij uana
markets, as well
advisory
servic es to legislators
and
regulators
Ilarionally andinternatlor>ally
011 effec tive and effic ient mari.j uana regulation
based nn p rac tic al exp erienc e
1n the
system, They are members of the Colorado Governors Amendmllnt 54 Tailk Forc e and Colorados
Medic al MlIlij ullnn
Enforc ement Dvi.sion medIc al marlj uanalulc s
lIdvLwry p anel,
Vkente Soderherg,
LLC also served liS
p r mary
lIuthors ( If Colorados Amendment 64, Vic ente Soderherg LLCSIlOllc y analysts
have dec ades of
exp erienc e
in
martIutlna regulation
and tM regulatlon! lf gaming,
tobac c o allCl alc ohol.
Callnl.ahs., Inc . selves as Onr
p roduc t quality
standards and u~ sting
lead, C,u) I1Lahs is the
long",sl tUnning
and
.only
hrlel, and mortar lic ensed I~ llolatory
in Colorado,
Drawing
011 exp ertise
from
laboratory up eratols
throughout
the
c ountry,
Cannl.abs 11< 1S set the standards for
p roduc t tes! mg
in Colorado in a t111lrket withem! regulatiQ I1.
Bile Researc h and
Cons~ ltillg
i.s one of the oldest ilnd
largest p rivately
held ec onomic and malketresemc h
c ! lnsulting
! 1rms in the
Roc ky
Moul1l:i1in
region,
Sinc e it.> fmmding
i111970, .IlBC has $uc c essfully
lllldertnl( el1 more
than 4< 1) 00 studies ll all stetes and in several
foreign
c OUl1tries. BEC Hes< ; arc h offers a
unique synergy
of skms
needed for tilis
study:
ext llstve famili~ l"ty
with fedelal mnd state data sourc es
and ovel 40
years
of
exp erienc e
in
c onduc ting high-p rofile
ec nnom alld
p otic y
studies.
4Fmnt Advisors has
p mvidc d ap p lic ation
a,sistanc e and
advisory
s.ervic ! ! s to disp ensary op erators
natl.onwide.
They
Imve llSsis! ed the Arizona Dep artment
of P ublic Health,"
c rafting ap p lic at! lns
for its
disp ensary W5tem,
1110l1t sp ec ializes
in
p airing
best
op erational p rac tic &
with regulatory c omp lianc e,
4Front has suc c essfully
ass,sted
c Uents in
sec uring dJsp ensmyl
c enses in Arizona and the Distrkt ofColllmb a
111; lnk
you
il1.ac tv,u\l:~ for
yOllr
c OlIsic lerat! c m, We lOOK forwilTd to p roviding any
additional information
you may
rec luire.
! lest wishes in
yOllr
endeavors, we
hop e
to assist
yw
ill
your p roc ess.
Sinc ,? c ly,
t..
1..
EanSe~ a f{eU0Y COllsultiogTeam
HFl-K4; {Q j p ag.
HI
Fell.ry 15, 21113
00005829
LETTER OF SUBMITTAL
-SUPPLEMENTAL
INFORMATION
Proposer:
Name:
Address:
Telephone:
Enla.il:
Denver Relief C onsu lt ing ,
Lt C
I
Br(Jadway
Su it e #A205, Deliver,
C O IlO2;03
303.420-7526
ean@denverreliefconsu lt ing , com
Prlnd! , alofflcers:
Name: Ean Secb
Tit le: Manag ing
Member
Address: 1
Broadway
Su it e IIA2.0S. Denver, C O 80203
Telephone:
303-420-7526
Ema : ean@del1verreliefcoI1S\ llt ing , com
N, ame:
Tit le:
Address:
Telephone:
Email:
! (ayvan
Khalat ba ri
Manag ing
Member
1
Broadway
Su it e #.\ 205, Deliver, C O 80203
303-42! ).75Z6
.
k ayvan@denve I eliefcQ nsu lt ing , com
Locat ioll of
operat ions:
If awarded t he cont ract ,
llenver Relief
C onsu lt ing ,
LLC will secu r~ t el11poru y
hOUSing / office space
in
Olympia,
Proposer employees
and su bcent ract ors will work ironl
Olympia
as necessary
and wit l ot herwise provide
services
from
t heirprin pal place
ofhu sines$,
C at eg ort es proposer
Is
responding
t o:
C at eg ory
1: Produ ct and
Indu st ry Knowledg e
C at eg ory
2: Produ ct
Q u ali, y
St a.ndards and
Test ing
C at eg ory
3: P, oellie!
Usag e
aoel
C onsu mpt ion
C ilt eg ory
4: Procht , t
Reg u lat ion
Ident ificat ion of cu rrellt or former st at e employees:
None
Su bcont ract or:
Name: Vicent e
Sederberg .
I.t .C
Address: 1244 Grant St , 2nd I loor, Denver, t o BOZQ 3
Telephone:
303, 860-4501
Ema : info@viccnr0sederberg .cQ m
Principal
offiC ers:
Name: Brian V ent e, Esq,
Tit le: Part ner
Address: 1244 Grant St ., 2nd Floor, llellv~r, C O 80203
Tl;! lepl1one:
30:j-86Q -4501
Email: brian@v! cent eset lel berg , conl
Nallle:
Tit le:
C hrist ian
Serlerberg . Esq,
Part ner
RFP-K430/ P, g el1
! eomary 15, 2013
00005830
Address:
Telephone:
IJmal;
1244 GrantSt-, 2nd Floor. Denver, CO 110203
30Hl60-4501
chr
stian@vkentesederberg.com
Location of
ope.atlons:
If awarded the contract. Denver Relief
Consulting.
LLC will secure temporary
holtslngfoff
ce
!lpace
in
Olympia,
Proposel emll10yees
and snbcontrll.ctofS will work from Olympia
as
necessary
and w otherwise provide
services
frolll their principal place
of business,
Categori.es
fur which slIbcontractor will
pravlde advisory
servIces:
Category
1: Produc.t and Indnstry Knowledge
Catellory
2: Product
Quality
Standards and
Testing
Category
3: Product
Usage
and
Consumption
< :::,tcgory
4: Pro uct
Regulation
Identlfkat oll
of current or former stllte
employees:
None
Sl1bCClntrl1cton
Name: lllOwue,
Bortz and
Coddilll\
onlnc, d/b/a
BBC Hesearch &
Consulting
Address: 1999
Broadway,
Suite 2200, Denver,
CO 80202
Telephone:
303-321-2547
Email: hb @bhcresea!.ch.com
Principal
officers:
Nume & Title: Ford Frjk, Chairperson
Kevin Williams. Vice ChairpllIson
and
Secretary
Doug Jeavons,
Treasurer
Todd Pld< tol1. President
Adam Onms, Director
Heidi
Aggeler,
Director
19:9:9:
Broadway,
Suite 2200, Denver, CO 80202
303.321.2:547
bbc@bbcrescarch,com
Address:
Telephone:
Ema!!:
Location of
operations:
Ifawarded the con!ra.:!. Denver ReliefConsultin~.
LIX will seC\U1l
temporary
houSing/offke space
in
Olympia,
Proposer employees
and subcontractors will work flOlIl
Olympia
as
necessary
OIld will otherwise provide
services
from their
pri nd!} .l place
of business,
Categories
for which Sl1bcontmctor will
plOvlde advisory
serviceS:
Category
3: Product
Usage
and
Consumption
Identlficutl.oll of current or former state
empJoyees~
Nmw
Subcontractor:
Nillne: CllllnLabs, Inc.
Address: 3888 E MextoAve, Suite 238,
DenverCo!orado80210
Telephone:
303.309.0105
Ematl: info@ annlabs,cotll
Rlf-K430/1ag"
12
FebntJl)
15,2013
00005831
Prlnclpal
officers:
Name:
Gcnifer
Murray
Title:
PresIdent
Address:
3888 !l Mexico Ave, Suite 238,
DCllverColorado 110210
Telephone:
303:309.0105
Emai.l: g ~ nifer@ c; ltltllllb s.com
Location II r
O l) eratlllns:
If awarded the contract,
Denver Relief Consulting ,
LLC will secure
temporary
hO llsing / offlce space
in
O lympia.
Proposer employees
and sub contractors
will work from O lympia
as
necessary
ami will otherwise provide
selvjes
from their
principal place
of b usiness.
Categ ories
for whlc!l sub contractor
will
provide
advisory
services:
Categ ory
1: Product and
Industry KlWwledg e
C"t~ g ory
2: Product Quality
Sta l.~ rds and
Testing
Identifleiltion of current or Cornu!!! slate employees:
None
Sub contractol:
Name: 4Fn:mt Advisors
Address: 4148 N. Artadla O r., Phoenix,
AZ 850113
Telephone:
51 () .387,24lO
Email: kl.ls@ 4Front-Advlsors.com
Prlndpal
off! eels:
Name &. Title: Kl!s Krane, Manag ing
Partner
JQsh Rosen, Chairman
4148 N. Arcadia Dr.. Phoenix, AZ 85018
510.387.244()
krls@ 4Front-AcMsorn,com
Address:
Telephone:
Ema :
Location of
operations:
If awarded the contract,
Denver Reliel Consulting ,
LLC will secure
temporary
llO \ lsing / office space
In
O lympia,
Propa$ el employees
and sub contractors wlll work fro III O lympia
as necessary
and will otherwise IlIcvide
services
from their
principal place
of b usiness.
Cat.eg orles
fot w!llch sub contrador w provide advisory
services:
Categ ory
4: Product
Reg ,lIation
IdentificaUon of current 01 former stale employees:.
None
RFP-K430/ 1>~ i:.
13
Feb ru..Y 15, 201 ~
00005832
NON~COST PROPOSAL
RFP-K43Q/P;\g.14
P.brua,l
15. 2013
00005833
CATEGORY
1
-
PRODUCT
AND INDUSTRY I{NOWUmml:
1.
Ab i li t y , Capaci t y ,
Ski lls and/or Expert i se
B~I{lW we provi de;; Sl!lmni ll~y
of 0111 t emm ab mt y .
$kllls and
ext li !IlIse
j 1\
pmducL
ancllnclust ry knowledge.
B.i lch t eam
mel11b ;~r wh ~t h er II6m t i ll!
PfQ PllselS
"Im PI a sub cQ nt ract or i . ab le La pravi de
a Cmn( l!et t l
commt lMrll oft t me , HId effort
t o t h e WSLCB
t oplvvi dc
cleU"erab les ;J srmlui red., I!a
ll nrmj n"olved III t h e Le<t m h as Hut h oll."t l !mllvi duals t l> expend
aU
neces5a"Y
1<, SOI, !rces t o t l1ls
proj ecllf
aworded. Gi ll
lorll
lllct and i ndllst ry
t eam co".i I;t s Ilj
p"rawrs.
CO!lSOl!i rlt s ami
..t Lorn~y s
wh o !Ilve est ab li s.h ed. run and advi se h undreds of mat .i j uana
1:l\ I~i lle..es IIClt ollally h i all racelll of
op
rat l.oIIS.
OUI"
expl!r
ellc~ i n
m!!!t lpl~ 11!1!1, lat ed
st at es
gi Ve
us kllOwl!!dg~
Q ns~velal o!, , , rat log
and r gulat ory
models,
CI. II( /w lIIurlj !/CIJ ICI, ClIIII/or I!y ri cul!l1rul plOrluct s
I!Ie ruWI!,
cult lll!t clt r, h urvest ed. Lured, I!ud
proCl!$Iled:
OurprollOSall!!am
Include. 10ur t eam memb ers wi t h s~v, mt e"n
cumulat Ive y ealSl:!l( i lcr
ence i n camlab ls t t dt i val ll.
h arv
sUng.curll1g
, Iml prucesslng.
each opelalllllllleeflsed
medi cal mari j uat li l
fadli t i <!s.t n
Color~do. li s cummt amI fnrmN
operat ors
t , r t wO "fri le most respect ed
cannab i s UpC1It lGI1S
i n Ci lll1Imi o, t h ey
h i lVC developed
and Ilv"rseen
t h e [t , door
wlt i valllm
IHllCCSS prodllt rt g
cannab i s i fl a regulat ed sy .t .m
for t h ousands or r
g
st ered
pat i ent s,
Our I~am h as
Im[J lement ed mult i ple t y pes
of"seed.t o, si lle"
cult i vat i on i l.t l!l
prnces~lng y st e.ns
1:11 seven separat e
li censed and regulat ed
CI>lomdo fudllt les fld\ ldi nM
"oi l, soi lless ant i .
h y dr~ponlc"
Addi t i onally , out cult lvllt !Q ll $ ~"lli SlI!M over t went y y ~alS
MKp~m"lt e
"I J lrQ ~"h t lu." , Ult llllwsery
man.
ge.men,
and desi gn
.b ui ld ( lf ommercIlll <lnd rest <l n\allrri gat IOllSlSt I!IS,
Our ml1sult lll\ t s !lave advi sed di sllt sln mulli ple regulat ed .sj lst ems developi ng
st andaJ d
operat i ng prOCedUI8 5
wh i ch mi !t
~p."
t
!lll goals
wh i le
pruvi di ng regulat ory cPlllpl mce.
Two memb t 5 of OUf t eam cut rell!i y
serve on t i le Cannab i s Commi t t ee ort h e fll11vrlcall Herb i ll.?t oduct sA~soci ah ol1
lAHPA} ct ~vel"plng
b est
prat .t i cest i ll1darct s
for l~commendat l llS t o pl, li c) lmak~rs
and
regu.lat !lrs
011 eal10ab i s
analy t i c$,
mduor and out , t oor cult i wlt i on and !1l;mt !f~ct uri l1l1. packagi ng,
lab , J j ull.and b !lldi n~, TMs"
st andanls i ndude l1J emeu( s of
Gt lm:l Agri cult ural
Pract i ce and Good Handli ng
Pract i c as well ~s Good
Lab olal6ry
Pract i ce ".ddn!Ss
ng
elW lJ llmet l
al.
employ ee
and
r, , oduct scalo!y .
AHPA h as released t o" DIst !j b ut i ol1 recommel1d li mUl wh i ch are avai lab le i nr t ...i ew alld
wi ll b e
rel"3 J i mgt b e
remaln
llgst i ludmds
r~<: llmt !!ldi lt lo!!. j n t h e
cmllmg
week>, Th ese "/.I.t .J Olmendatons are avai lab le
t o t h e WSLe!!
r;!g1lldless
oFwh \ ch
proposer
i s .deelt d, Mdi Hlll1ally ,
li memb elof OllrlO&
! t eam serves IS t i le Co.Gllah of
Ih ..1\ 1I10ndlll~, ) t M "", 11 Force Gonsmnel Safet y
and Soclullssuos Work lJ mup makl.ll&
relevant reCri llll1lel1 alj t lllS
for
Colorados adult use mari J uaml sy st "li 1.
Th e
aualy t lc
llfld b est
pract i ce
dlwd, J lmet lt elt pel1ellC
afuul t ealll ensures our
r~e<lrl1me, WI, 1t Oll$ t o t h ~ WSLCR wi ll ndnde
suggest i ons
1m
~lt wli t y
( ont rot di versi u!I
prevent i oll,
ri ~k
ma"~lement and
eIJ llt i llUOUS i mprovement processes,
b . How
rMurlJ t lfIlIU
i , ~
IllJ used
Int o
J i lod
( md .b everagCl
Sever~.1 of mi l" t ~d11111l"mb ~ls h ave h elped i mplement
i nfused product nt 1i l11UEact llri ng %y st ems
III "
le!l1l1at ed
envi ronment
as
operat ors
and consu1t 1m~. Th Is
.xperi ence
comb i ned wi t h pur analy t i c
t eam mnmh er, ski ll Sft ensures a
Iompmh lllt li i ve \ ll1delst a"di n~
of t h e
rlli mllra~t \ lri llg process,
h ealt h and
safi l!y
st andards. dosi nm
st andard:;, prmluct
consi st ency
and wmposi t lPll. Addi t i onally ,
nIle
of Olll memb ers h a" IMrt i ei pi lt eu
i ll t h e develol) melll
oft h " AHPA
Sct amli lrds for marmfach ui ng, p cl, "glllg.lab eli llllt lnt l
h oldi ng,
l!le, . st andards were devel!lped drawi ng
on AHPAs
t h i rt y
y ears
of
experi ellce
i t st i lndlrds lor Ill" h erb a
pt "Odllct ~ i lldust ry
1IIId Om" 11;8 105 knowledge
and
el/peri ellce
i n t :i Hlnab s
Q P~ri t t
on$.
One of <J \ Ir t eam m, mlb ~rs
h asoper.L oIlSex.perlence
i ll a small b at ch ki lch en3 nd Ih ree!
"xperllllC~
!nmult i ple
c~t ract i on
m~t h ( j d5 uli l~ed 10 mauufacl\ He i nFu$ed
plt .lduct ~
i rodu\ h ng
W, 1t er,
b ut a"" and
propmlru.
Our
allaly Uell! expert
h as
cOllsult ed wi t h mlllt i pt ~
i nfused
product s
mnnuli lCIUlelS dcvelcpl.ng mi ll1l.fact llri ng processes
an;] dnsi ng
st al1dards,
Addlli mli lUy , II mmnb er or
OLorlegal
t eam serves as Co.Ch alroft h e i \ .1ll~ndon"l!t 64 Tasl< Fore Cot lsumer Safet y
alld Suej al
Issues Work ;IOllP rI1aki nll
relevant reCClt 11I11f!l1dat i ons lur adult use mnlllu;) I.na sy st em.
c, [fIlW
maplJ l/ulla
sh oull! b e
pl1dmlJ d, lab e/e, , t nmSplll"t ed.
and ~llM at rewf! level:
Ollr t eam m.em Q rs h ave decades of comb i l1ed
OP( raf
ou .1
ru:~eri en~" J l"d( ~"l1lg. lab eli ng, lrallspt .rUllg
and
.selli ng
malt l1l3 1111 11rodu~t s
i ll
regulat ed sy st ems
i ll
mult i ple
, t at es. Ti ll leMl call ~d\ li s" t lle WSLCllln all funct i oll, , 1 at eas
i nclUdi ng req ui t all
radli t i es, eq ui pment
st mHlards, lamperproof
alld dt lld res4<t 1l11t packagi ng. product degradat i on
i ssues, . i n used
product
ol!lslderat i oml..prodllcl
b at cl
llg J >y sloms. lab eli ng
cons dera ( II1$. It al1spllrt at i on $af~\ ) I
and
lr
ckmll sy st ellls. i nvrnt ory mal1l1gt Hl1l!!IL, poi nt
of ..li e
sy st ems.
revenlle and !i i ~ t raCki ng, employ "e
ll., i "h , g
and ot b .r
!lP~.K4;!O/P.g"
15
Feb ruary 15, t lHS
00005834
component:!!
fle,eSS~l}
for i lll effecti ve
rellu la tc. d system.
O i !rtO llS\ i tta nl:s
ha ve d ~\ i l1 I
~led compUi ml lI a c!< a g ng ,
la b eH llg ,
I :ra nspor
i l ll1 ! a nd sa . les
processes
tor
"pera I O ,S
n Colora d o, Ar7,oM,
W a shi ng t"lI
D,C"
I I hnd e I sla nd a nd Ca lformll. O W l
tl!llm ha s d lectownel-npel8tor
expa l
~llce i ll twelve d lffortnl d i su i lmUc)fi fa ei li l. les trlclu d lllg
d u li v
ly
a nd s. tor~lhl1 lt
cb strlb u tlon
systems,
01 1 1
u t1 . t1 . ney
a mI CO llSu lta nt tea m memb ers ha v~
a d vi Sed hu nd rm. ls oltlj lel1 llo!s
a nd s!lftwa re
d evelopers
lfl mu lti ple
S~lI tlS
wi th
reg u la ted $)stlm!
O M I lJ cli ll1 g lng , i a b eli tlg .
I ra nSllo,ta ti ollllu d
sa leS
pmcti
e$, O u r
pra ctI Ca l
a m! rcg u I I lI O I l! experi ence pl!lV l
s Qu rtla m 1 1 I ~ !li li ty
to [,. "ommeml
fu ncti ona l, sa fc a nd eiQlcea b le I u J es
.
w lmu t overl!u rcta nlng opera tors,
O u rexpen a ttom. . ys
ha ve a !so a d vi sed mu lti ple g ,wernmelltj u nsd lt:ti O I \ S
on I lllplementa tloll
of loca l ord lllllnces
a d d ressi ng tli l. ck a g l1 !1 ,
la hellng , I nmsporta tloll
,md reta U H a les, As well a s a ssi sti ng
i n
the
d ra fti ng
of CllloFa d os fi rst seed ,
to-sa le
ng u la lory
slstem,
tW O
of ou r tea m nU. I llb els . ,i re cu rrently wO ll:mg d i rectly
W i th Cu lma d os Med i ca l M~ri i u a l1 ; ;
Enforcenu mt
Di vi si on
[MMED)
on a revi si on \ ,fma lll
of llle
exi sti ng
ru les su rroou cli ng
these ~u b ect ma lleI S. Aftertwo
ltO I S
of
experi ence
i ll CoI O llj O a nd u the, ,eg td nted
m~rk etl; , onrte!lfl! 1 1 ; ; 5 Mveloped .
1 ltlllN leltllu lI d ersta lld ng
u tlllt
posr-ha rvl
st p"d mg lllt J a heli li g
"ml
tI lll1 ; p rta ti onsyslenls requ tred lCl
sen ""!lI t"",s I nn ,eg lllnted
reta H tu v n:mment
I ,reveu u ng
d verg !lll b orn. the
system,
Also a ppli ca b le
i s ollnea ms I nvolvell1 ent
wtLh the d evelopment
of AlllAs
ca ll1 la b s sta nd a rd s reeommcnd 3tJ ons,
whi ch
lequ i l< !
ma llu fa cttllmg system. cnmpa r~i lle
1 0 !; I ta l
ofhlld wl lmd u ct. ;
ma nu fa t:tu rtlra .
d , H ow w/ I tlI ll!i a le a nd reta i l ProrJ u ctsfwu / r1 b e mrolled I J / lfll1 cCI lUI I Ced J i m
The ca nna hi s b llsi n~ss I lI J era tlI S,CO llSlllta nt5 1 1 nd
a u omey.
01 1 ou r Li na m
I ossess
I I V !!" ri lle~1 \ yea rs
clI l1 1 u l Uve experi ence
i n i t rcg llla tll system
for 1 I 1 ed lC. lmllri lu i lI la
I n C l!lnld ll. .
nu r tea m ha s d eca d es u f ""l1 1 b lneQ experi ence d eveloplng
a nd
mi \ U~g ltl,g
reta i l
mvellltJ t} processl!s
foJ
operi t1 i ng i lll
l1 ~g u la tm1 pu rposes
na ti ona lly,
fl~r
ng
thi s tI me, we ha ve g a i ned
a
comprehensi ve
I locler,tnlld lng
or the i ntera ctlO ll b etween whu lesa le a . \ d retlli J
ca nn"hi sd i strlb u ti u lI systems
i tS
wen a s
b la ck ma rk et fO lce& I > flecth\ g
b O lh. Two of ou r tea m memb ers a re fI I J . 1 mb ers or the Ml< ml)s med i ca l ma ri j u lI lli a d lj S( H Y
wllr~g rou p
tha i esta b li shed the i llS! set of
,eg u la t
mlt Si lI Tmrnd . i llg
seed [0 sa le
prod
I I !:!
i lCCO tlllt
n,i t
Slncs thcll, W I ] ha ve
pmvld "d
MMflD
wi tlta
proposed
Mew
system
of metri c,s a nd mea sorements tha t wm a llllw enforcell!i !llt profess
llll
l~ to
mu r~ I !i lsl!y
esttma te pr< ld u ct
oll cllp. . b i lltl
8ml d i sco". r tli v. "I sJ O rt. 001 tea m t!a S a ll a d d olla l two
p
rti tlpi ll1 lS
O ll the
Amend ment M Ta sk Fttm~ "li d W ork Grou ps, A!tllllUllh
thecllrrellt I ned lti i l ma ri j mlll. system
I tl Colora d Q I s O lle tha t
req\ J
res v,"r\ . i ta l
i nteg ra ti on, opera tors m~y
wholes. !e
u p
to J I l% or tllelr prod u cti on
whi ch
g i ves
ou r tea lll e)( t"llslv~
npor
,. !\ ce
i ll the mech,mi ,cs ofa wholesa le ca n"a b l$
SyS!!:1 1 1 .
Ad d i li nrmlly, pu r te~ms consu lta nts < ll1 . a ttomeyslu tve
provi d ed mlvi sor)
5 ~rvi ce5 ~nd b eta t S! la d li ti es to mu lti ple poi nt
of,"le "oftW i lr~
vend ors
$tI !f
j "ll~
n!l
i n ca li tla b i s r"t~i 1
systems,
O u r
~J l~rlltors
ha ve u sed fO lll of these
systems
I n thei r
t; Y i lera ti a ns
( MI Freewa y,
I lI QTni tck . Alma s a nd MMI Menu )
a s well "5 tla d tlorml
systems
I llclu d ln~ Qll
k BlJ ok s lnSa nd i ll a wa re of commu n
shu ttr"lls fou nd I n the,e l1 ~wb l
cl~v~loped
sJ ll\ :wa le
p~. l; k i !g e5 ,
W e l1 i 1 w w W !lsscd
\ I Mla r
wCfll< nesses i ll !!la o!ll)
u fa c u u nti llg systems
u sed i n the
i ll
d u stry
a mi recl}!l1 ll1 eu d d to reg l,lla tors
tha t
poi nt
o a lf; systerr1 5
b e SAS90
certi l1 sd ,
nne o he I 1 1 ttS\ plomi nelltl) mi ssi ng
f( !~tu res i n Cotmi ld os m~d i ( ,,1 l1 1 a ri u < m1 j cg u la tolY system
1 5 a compl"tI !
reci lll
system
wi lh d etn d
I lI "ocesses,
Althou g h
mrnwt ru le.
requ i te
i ! b J ld l
l1 g . ,stem
for fi ni shed
pla nt prod u ct
,md
ma nu fa ctu red prod u ct.
the fu rther
~tep
of; J d efi ned reca ll
system
I s cu rt1 :ntly
omi tted from the
1 "1 l\ !li lli ollS,
i l1 lhrce
yca rs
01 "
reg u la ted
tnoolca ll1 la rlllW lla i nd u stry,
Colora d o ]1 < 4 S yet
to wi tness a k nown reca ll cvell~ ll we". r,
tn,;
g rowi ng
l1. rk et!lf lu fu sed
plpd u cts, ma n) cotlta u llng
food 1 g led l~l1 ls
necessi ta tes a
rob u st re"J I l
system.
O ne or ou r tea m
memb ers i s a ssi sti ng
the cli < lft
ng
of the
1 1 I UCEsse.
for ca nna b i s I llO rJ u cI
reca lls wi th AH M whi ch clo. ely pa ra llels
r C1 lll
5 )swms
r!lr h rb a l
prod u cts,
e, I I l1 w
ma rlj u a u a
SI lO u / d I le
d elltmyed I f ( ; ~erprod llced ,
CO l1 fa lt/ i n a ted ,
llI reca lled :
Two or ou r tea m memb ers wete a lso memb ers of the MMEI J . med lcl1 ll1 1 a ri W llna mlli ~ory
commi ttee tha t d elreloped
the
C\ I I Tllllt le Ula tlO n~ for
mUllllt. a n~
\ N lli i te d lspos!\ I ,
01 1 " i j t nu t tJ la Ul !lI emb ~rs ~I o Sllt 01 1 i l commlu ee a t th~ CQlora d o
Depa rtment
oFPu hhc H ~u l!1 ! a nd H I i V llonment l\ J r wa ~te
h,md l
ng
:fi nd wa ter trelltment.
tha t commi tteE wa s reSfu lI slhle
I t)( leColl1 l1 1 elld a tli H lS 01 1 prod u ct
W i 1 St!
~lI d woter d i sposa l
to lAMED,
Gi ven ther" a re
nn reCl:\ ml1 1 ell~llti m\ S < ( I revl. . the
elllTem ru les, Ule ,va ,to
d lspllsa l systems
i tt Colorlld o h V
I lrnven
tn b e . fecti ",- ; j lld slI re. O u r tea m ha s experi enced
"pera tols
~!1 rl cu ltV ,[\ !( lI \
exp". rts
ti ta t ha ve "~p"ri eltc"
i n
I Dtllti pl.
wa st!! d i sposa l. systelllS
i nd u d i ng t1 :!lrlerj ,g m81 i 1 u ~1 1 a
wa ste u llUsa l!> le for soli d wa st. d i sposa l
a nd ~ ll\ PQ5 ti ng
method s. Ad d tUoH ll1 y, two O rO Uf tea ,m
Memb ers
ha lO . d vlsod
AH I A O i l lee f!lm
ll a tO I 1 S ftlr wa ste d lSpO si llllu lla lyt
:: la b ori tlO lles a nd ntltlvllton
a nd rna llu fa ctu ri . ng
fa c tlf$i .
1 i !I . . K 4 30/ I N g "
1 6
Fi ; < hru t "y
H
!
201 3
00005835
2,
Experience
In Marti ualla
Product
and
Industry
I<nowledge
Our
~
ro! l( S lll
team Is
C OlllPI
Md ofindMlluals and fira1s with wlde.tanglng,p)lper
ence ill m~rllu,,! ! a prOl: luctii
.1Ild the
mariJuana industry ,
Overthe cnurse of um
years,
QUI leg~l
tel! l11 has advised tbOlls~rtds <If
patients
1lnd
t; af~give, 5
regarding
state and ! ocallllw relatIng
tn
person; t! medlcal
ust! and cltllvatoll, In ZO 10, our tenms al\onwys
helpedtr
craft the C ol( )! <! do Medical
Marij V iUlil
C ode
[C MMC )
WhiC h lm! liemellte
sl.i1teWlde law
guveming
the commercial retan
mal
j uaml i~du.tI y
tbatrap dly
~V { Jlved; lf~er
the relei! ~e oftlt~ gden
M~mor~n uI1l1, S ince the mplementatlonofthe
C MMC , ou r U Mll S attor! ley~
havo ilS $i$ted o~ellS ofn: mrilualla
Indu
try operators
with a wide
rAnge
( If re,1I estate,
businQss transaC tiMal and reguli\tOl) isS lI8 S , Including negotl,l! ng
tbe
111I1 chase
and s~! e of a number lifm dcnl
mmij u llB hvsinesses, nellclt.atlllg
nod lcL rrnentln,g
the 11 lInsler
of mediC ! it marij uana
fllcllltie., drafting
teasl! $, sllhl Hses,
employment
~( ! l1tmcts ( on
behalf "fhoth gl Qwernalld
mccbcalmarj llan; t
bus! ness nWI1~! sJ, partnership ~g) cl/ mel1ts
and
operatiogagreemenis,
Our
athW1eYS
and l: uUiiultal1ts have beell feaUlrtl! speakers
natiollally
011 marilL III.na opemtiolls
and
policy
and have advised s~t" lellislllltll"S
01 o; : ra! t
llg
marlllluna
law, Our
il! lOrT Ill yS
have C llnJm! ! ed with
governmenL ,
n~tion; lUy aml intem,ltiollalll ol1
law and
regl! lationsurrn! l.lId nil
mari ilna, flley
have advised Ollerat
os in C olorado,
W,! shIIlIlWI1,
C lll f"rni., Arizona,
C Ollllec tcut.
V ermol1t~nd MasS llchtlsetts,
l lItI[1 Mllonal
exp~rlence
IlrQvicles; 1O
ext"usll e knowledge
base "I
m3! ij uana
law and
polley
In : 5 ev~ral sillies,
Dur
legall<: il! 1l
l11emb~ts were
prinL ~ry
anthors or AmcndmelU G4 whitt! established tb
adult
uscsy,tem
lr! C olorado,
C U! nmlly,
one of OUI lltto"tl ys
Is 11 membel lll the Govtll lmr s Amel1l; ! mcrlt
MT nak fl)rce in C oloradO afld is C o C h ir of
the Am.l1 menl 64 T llS l, Fm ell C OIi"umerS afety
and S ociallssu,es Wink GrOllI ,
Our
att: omeys
.re natiollallyrecogn
z d
experts
[n medical
fllUrlj li; ~na
! lnd adlllt use law ~l1d
polley,
Our lead ilttOl1 y
serves as chair of the lenV 1! ( Mayor s
Marij uana Policy
R~vtew Pima! . s~rves em lh~ C olorado Department
of Revllllue MMiiO a V lsury
comnlittea and
com ~il! aws
the C alm ado Ill1f Association s I~nlg I oli,kY Pmj ect.
l\d il
ol1allY,
hI? was nomil1ilte tile fil S t
C hall pen( m
of
the Na Hmal C almahis Industry
AsstK1atiOll ( N! : M)..
the lliltiOIl s trade as,ocatilln serving
tlle Illterest ( If cannabis
business
tll,erators,
Our l".nn bell~fllS fl um lhe
opel II,lollat el{ pen~ne"ol
fmlr ml! dical marlJuanJ
lluS iness
opecalurs
and mutlplelndl1stl1
consultants, C lul operatol sl1,we
seventeen runluli! ti\fel ~ars &XpC nellc .
Ul
regulated mllrij uamt
b\i.il1essOp"ratloll~,
ur
! : onsuttJluls have
provided proC
5 5 and
complianoe systems
for
operators
in AnwaR,
Rbolle ! sll1l1d and Ihe Dlstr rlof
( : olllm a., Our
proposer
lI1illll
Op( ! mleS
two oflhemnsl respected
medical m<1rij ul1na Ilperl! t
ons in C olorntl , ~lJd h~
nali l11, T heir U.ill.~S I! ! 8 hav~ been visited
by
l
gisllltt)l~,
from ~rQ! I"d l,h~ count! y lnc! utlillll Wnshlngton
S tat<! iIt\d
feal,, ! ,d in ! lmttipte
IIl! W$
outlets, C llm! > ne
they
have
operated
over seven distribllllOI
Facilities tr\dudlll! l
del
very
and
sw""frollt
operations, T hey
have also built and
operated
four ultivatlon facilities, InllddluQO, m,r cO! lsult<1nts have al@
aS $! ,ted
ill the d
vel.: lpOH! Il!
nf dozens nf"secIH: o-sa! e" opcl atlm
. In S vel lll ,1,U"5 , As consultants to the
marij lllll1a
industry, "~Ir ( "am speaks
and advises natlllm1Uy ,"ss stillg op~l llt! lrs
on developing t1ghll)
controlled alld
j \hlly openlted
rnarij uanllllus lless< li,
T wo 01 ollr [eam membC i S have bee
l l.tlc1pJllts
n a
proj ectoftl1e
^ tIilrlc"" Herball I o ut1: s Assoclatj ! lII s ( ANI A)
C annahis C Oll1miltee, T he
proj ect
dmws on a nat onal knowledge
bast of cannabis hus! "ess
operatorS ,
T he
proj ect
team
hilS ,1~v~lopetl
best
practice
feC OII! memlalo s and $ 1nd; mls n tll~
practlc"
areas of cannabis IInalytics,
cultivation
( incklor, / lreetll1ous! ,
iUld outdUOI ),
tlst nuilon an manul ilcmring,packaglng.labeIiug
a\1IIlJOkling,
T hese team nH~fllhfrr,
have ! e. ie t! "ch d am! analyzed
all av~il"ble research l e.la! ed to cann.bisl1Mlytlc31lnrl
hu,il1ess
practice.
T hey
have
e: <ilmsi"f! knowll! lIge
in
guod laboratory practice, go! ,drnltlvat
oll
practice, good
disttioutmn prachte
and
good
mamllilcwrmg prAC UC l! ,
T hc se practice
! "ecommemlaiions have b".n
adapt"t1
from W1l! 1l ,estahli shed standards ,or
agmuliurealld
herbal
products,
T hese$t~l1tlnnls will be fully
released II! tbecomlng
w~el( S and ar~
available to the
W5 L C ll
I t llardless
ofill Ollos,,1
sr! erted,
O\lr
produ"
q uality
stRud..rds team lead ha~
operated
the
only
IiceuscrlllHtr ual\l. tesl
llll [adltty
tit C olorado sine! : 2m \1.
lI"s an extetlS lve
antillu"l fietworlt of
C ( lflsll1t! ng luboratory <lj leratol s,
In her work with AHPi\, she hilS <l..<lWll tm
ll \l.stry kn! } wl~rl! le
feam both
mMij Uilna
llilt! lJerbalpfoduct.5 1abul.ator
es to amlrlld lJ,, cxtens! vl ,
e^l
r cl\ " ill the
Industry,
S h~ has
<"~led imn~red~ of C i\! ! v"I S ( marij uana
stl lIiIlS ),
c! l! l htr; \les ilnd Infused
prodllctll
prOV Iding
I
III October 2009, Duvi( ! l...Jel1,
then lne
dop"IY UI.! tl1nny getter.l,
S "IIU memo ,Mlng,
"As ~ general
"mdt f," he ~o! d US ,
~Htt)nlcysJ! : hcy- i$h( : u.tld
not fut tlS Itfdend re: -sourc:
: li " tlti ")mlhti-duals: wh se8 lct10n S atC in deaf nd unambiguous tmrtpUant) ~
with .~i"tl! lg
! italel.ws
pflwldll1g
rur Illl llH! tl t<tI \i . "r " "I iflWI ,
f( PfL K 3D/ P.ge
17
re
m.ry
U.2013
00005836
culllv8WfS and manufanurers wieh recomlllendat~ons nn
p rod, lct imp rovement.
!n p armering
with several
p hysician"
she has develop ed
BxtenS ve .luaterials and
trainings
to educate
p atients
on medical m, 1riluana
use and
dosing
which can
be translated to adult use settings,
Our
PQ!!cy
advisors have multip le years "N leri.ence
In
marijuana p olicy
at the state and federal level. Their
""p eriffncc
in
the cannabis
hanking industry
from a p olicy
and
op erations ] J ersp ectlve gives
our team unique insi.gbt
011 cash
management challenge.
fot
marijuana
busillesses and
regulators.
Our
p olicy ~xp er!5
wm
p rimarily p rovide advisory
services in Category
4; nowever, their extensive Knowledge
ofblad, murket
systems p rovide industry
knowledge
that is
essential to
guide reguhltory
dedslons.
The combined
exp erience
of OUl team
members
p rovides
a
full
sp ectlUm
comp rehension
aflocal, state and national issues
SmfotLmling
the
marijulIna Industry,
Our l( lllll!, op erations, p olicy,
best
p ractice
and analytics eJ ( ~er
ence has
help ed shap e
th~m"rliC1;1 m<lr juana system.
In Ariztfna,
Culorado lInd nationally,
Ourenensive networkoflndtlstry KI<"rts
allows OUI
<ealu to draw l the
knowledge
and
exp eri<"llce
ofhurtdleds ofop cralors, regula!"!s
andlegislaton;
nationally,
Wedo lIot
take
p urp ort
tnlmv!1
readY J 11ad
solution. for the \ \ IS!.C!!, hUlinst lld that we have the skill sets and exp erience
needed to
1., I$t tlte WSLe!!with
mp ort""tdeds[oh,
that need to
incorp orate
the needs of
Washington
Staw,
the WStC!3 and other
WSLCB detlned stakeholders, ( )Ur
"xp erlence
In the establishment
and cOl1tnuillg develup ment
of the Col rndo med al
mlltljuanu tegulatory system
allows us to
IdenUf)!comp onents
that lIrc effectiv.. al1d those that need additoMl
consideration and altemaUve p olicies.
Ow.dv
SQIl exp erience
ill ether states allows us tll etTccttvdy wmp arc
and
!:ontOllst
system, .
We havC learned from our exp erience
t.hat the
ap p rop rlate
identifcatlllll ofjS$\ le$ and
J l, op os.d
resolutions shottld be determined
by
tile environment in which
the
SySt
n1
op erates,
Su essful
reguJ ationis
dep endent
on
takingil1to
consideratioll the issues of champ ions,
stakebolders,
op p ot
ents, legislative
constraints, budgel..1ry
constraints and enVlrOnll1!mtal constraints, Our ap p rom:h
to
llrov ing
the WS1, [l wltl!Initiatlve S02 C", \ snlting
Services
1.5 to:
1, Unltl introductory meetings
with the WSLCll and s, lssigl1ed
stakehnld~ls to
cstablsh a comp lete
Issue
ideutlficatioll, a detailed
scop e
tlf services and to narrow
the field of
p ossibleactlon
items to n p rolect scop e
and
timeline
ap p rtlve( ll1y
the V.SLCB;
2, IlOvide" review ohxlstiJ 11l regulatory systems:
medical marijuana, tGbacc!}, liqu!}r
and othenelated industries to
the WSLCB and t$ team;
3, Identify ap p licable regulations
in tllose
")stellls
which address the needs orthe WSLeB .imd further evaluate
benefltliand drawhacKs tll e:lch;
4. Perform
surveys
of
existingslllkeholders
as
necessary
amI ditectetl
by
the WSLCB 1:0 gatllOradd
tional ideas am!
Imil.., tio s for
regulatiol1;
and
5. Proylde :recommentlatlons; revise as direcwd;
!!nalze and draft dellvetirhles as directed by
the WSLCIl,
We will utilize , 111 Dftlle
, exp enlse
on our team with a sttOllgly
contlol!e administrative p rocess
to coordil1.ale
communication .nd outcomes between outteam and the WSLCIls
assigned
team,
Rfl-l{430jPugelS
Fehruary
t" 20 13
00005837
3. Team Structure alldlllterllal Controls
~
~n &Q~b
W$1-( f r jf rd M l1l11 t ! r
G tm; f f : f M urtay
Pf atict Qu" J it ( St3i 1(f 3t! b and
f l! f sting te- d
-.../
Chri: &t 3n Sq-d~f berg
l.( ~(1I / ij; g Ultot: V
Team a-d
; r: : : : : : r" ; r: : : :
Ad mOtt! ns
Produrt U! li
j) e
and v .ali~ilitJ q, n
liNlmlp- d
~
^
^
-.../
K1
f V 3il
k alatbq J f t
r ui: t \ticl trldu5 < try Kttow le.df ) , iI t
h~m lllil! d
-.../
Our team is
comprised of attol ! lel s, polley analysts, entrepreneurs,
ecoHon\ists,
consOltJ lnl, und
llroject
prof essionals
w lio huv e extensiv e
experience
in
prov idl~lg
doliv rahles to clients, M ultiple team members hav e
ct Oss-ov er
experience
in
multiple
RPP
Categ
l S_ I f aWlLrded the ~.olltract w ith the WSLCB, the team w ill
implement
a trllditlmml
projectmill1ug ement system
w ith an < ef f ectiv e set of intemal cnntrols due to the time constraints. Each
RI l
C~t(~g QI Y
has been
assig ned
a team I ~ad. Each lead w Hl draw f rom tf le entire team to
prov ide
serv ices to the
WSLCB, Each lnn (I n QUI team has a staf f of
prof essionals
hehind them to
prov ide
serv ices and deliv erables.
Beraus(! cadl linn on our team has
experience w orkil1g w ith
each other. w e already
hav e a hig h f unctionillg
tcam
w hich
requires
110 team
building
and tan
beg in assig ning
and
prov iding
dellv erahles w ithout
hav ing
to
neg otiate
w ith each otheL
Qm
project manag er
w ill serv e as the
primary point
of CQntact f or tneWSLCB team. We w iH ut ze online
project
manag ement
sof tw are
acceptable
to the WSU: : .s
prQv idlng
access to its stllf f to uUlnitor
process
< 1m: !
prog ress.
The
project I llanag er
w Ul be
responsible
f or the team, assig ning tasks, prov iding dirl ctiol l, I mplementing
deadBnes,
s\lpel v ishlg
w ork
product
and
approv ing
lnal submissions, The
pl Oject manag er
shan h~the f inal authority
f or tlm
team. While w e 11< 1\1e a proposed
strucmre and
process,
w e
expert
the WStG B to determine the f inal
process
based
on desired outcomes. Our proposed process
I s liS f ollow s:
1. I nterv iew the WSLCB 011
project g oals, priority
of deUv erables and desired outcomes.
2,
I dentI f y
the WSLC resources and determine a\lalah
ty
of tho, , , resources,
3_ Determine the
project scope
and timelln"
determining
" , estones and dependencies.
4. Ohtainti le WSLCB
apP~ ov al
or
project scope
and timeline.
5 ,
Arrang e log i.$lic$
rOl tile
project
team,
b, P~rl() rm iI risk assessment f or
project
milestones and delv erahles,
t, Determine altcl I 1ativ l1 w ork
processes
based on the risk ~SSg SSll1ent ill
cOhjllllCUOI l
w ith the WSLG I 3.
The team w ill also
implement
n cloud based document w ntrol
system approv ed by
and accessible to tile WSLCll
during
the contract tenn. The WSLCll
may
elecHo maintain the
system
~f tet" the contnct term or tran5 f el
dommel1ts to their serv ers. G iv en the
expedite, l
lliiWl e orthe
project.
the team shall
prov ide w eekly prog ress
reports
to WSLCB,
baldoD. not
plan
to
perf clI m typical
control assessments to llI onitorpw cesses. Any
breakdow n of w ork
l>rocess
SllOUld be identif ied immediately by
the
project manag er
as w e
anticipate
mU~stllnes
w ill! >e seteach w eek. Should the WSLC
require
additI onal
reporting .
allr t emll is capable
ami w ing
to
comply
w ith
ally prog ress
rc
orting
needs.
R! I ~-K>\: lO/Pag .19
Fhrli:
J y<
15 , 201: 3
00005838
4. Starr
Qu"Uficutions
and
C ap ab il itie s
.l 1l nt Advisors
-Ge ne ral Advisory
Se rv ce s
4Front
Advis~ m ; s l e K tis ram ; : K r s
has w O l k e d" il l Ql 1nab h; I , I f~ l e l l $ iI l Y
consul ting
s l l ce 20l 0. e stab l ishil 1g
4Front Adv SO I ~ .l n 2011. I n 2011.. b e se fvcd as Associate
Editor of Se e C J 111rl ge Strate gys
m e dical I l 1arij l l ans
m aJ j w t
re < p oft.
a first onts k ind !-e p "rt
that anal yze d
the val ue
ofl l l e re tal l . m e d, caJ m arl j u; m .a
m ark e t nat!l l l l al l y,
41ronl w il l
p rovide
advisory
se rvice s to the te am il l al l RFP C ate gorie s,
4Fro.nt Advisors has cl e ate d m ul tip l e
b e ndl l nark
op e rating
um !l e l s fO I tho re tail disl ; rl b ul l !l ofm e dcal cannahis, ~ l rout is
C Uffe l l tl ) e ngl l g.e d
w ith a hal f d, I ; "l l n
cannahis
d1.sp e nsar1
op e rntors
I n Arizona to
start-up
op e ratiol l S11l H l
im p l e m e nt C O I np l iance p rQ{: e ss~ s,
4Prcm ts
custom
np e rl l ting
m ode l for cannab is b u.sine ss sindude s de arl y
rl e l ne m l e d rol e s and rom p re he l l l iive
training
am i
te sting form anagl !m e l 1t
and stafF, 41l onts focus on highl y
de ve l op e d
hum an
re sow ce sl !ol 11hine d
w ith
highl y
de ve l op e d
chain-orcL L ~ tody m anage m e nt syst~ m $ e nsnre s
th.at I hc r cl ie nts can J
re ve nt al l \
cl ive rsim t from the ir
O p e l il t
: m , 4rl onts
op e rating cO l l ce p t$
are use d in tw o of the nations j l re m ie r
m e dical cannab is cl
sp C l l sarie s,
H .rn"Fside H e al th C e nte r in O ak l and, C Aand SPA!: : C il l $ "1 Francisco, C A.
"Fronts te am has w ork e d
dose !)
w ith l ocal
gove rnm e nts
111 C al ifornia and hoste d l e gisl ators
from around the
countl )
il l te re sWd in
de ve l op ing guide l ine s
fot
l j !sp O l 15 ib l e
p l actice s,
Additional l y,
the
e xp e rie nce
ofthe 41rol 1t
te am I s l l otH m ite d to the c"1l t~ b j s I ndustry,
Te am m e m b e rs l 1~ ve de ve hl p e d re tl Uop e rat\ 1) g
m ode l s ~ nd
p ol icie s
for
m aI or
b rafl ds indudl fl g
E l l ste l ) l
Brothe rs. Bage l s@, O l d Navy@,
Rob e l < s~ , I al l e ra
Bre l d~ and De an &. De iuca@, The
-I Fm l l ! te am
p ~ se s5 e s
ye l l l s
of
e xp
rie nce in
corp urate
finance , l p ..rations
and tnl ning strate gI e s, de ve l op ing
and
op e r< l t l 1g
b usl n~ ; sse s in8
varie ty
Ql tndl l strl e s
-
l d( , dl l l g
m anufacturing
and se rvice se ctors,
41110111$
corl 1n1ate
tra 1il 1g.
and
com p l iance e xp e rt,
Me l anie ~ k Gl aw , hasse ve l l te e n ye m s e xp , "rl e nce
il l de ve l op ing
op e ratiol l s
and training 5 trute gcl e s
and
p roducts,
She e nsure s
al l
p oUc
; ; .s
, m d
p roce dure ,
de ve l op e d
for dj e !!t!; I l , e e t
e ach stat
s
sp e cific l e giSl ative -dire ctive s
and p ronm l gate d
rul e s,
C al l nl .ab s,
I nc, -Product Qual ity
Stal l darnnm l Te sting
L e ad
C a/ l l i : ; hs., l ne , w p fovid advisory
se rvice s in
C ate gorie s
1,
2 & 4 and
l e ad the
I rod"i: ict
Qm l l ity
st: i l l , :
S m d
Te sting
te al 11
,
( l e nife r Mnrray
w il l
se rve as
the , e l l m s l e ad, She n~ te j ve d he r b ache l or of se l e nce il 1m icrob iol og)
l iom C ol orado State Ul ve l s
ty., .
ArW!
l e aving
the n!l tril ional sup p l e m e nt
I ndustrY ,
Ge nire l cre ate d C ol orados
j O l l gl !!$ t running
m e dical m al
j u; l na
te sting l ab oratory,
Since its e stab l ishm e nt
in 2010,
C l I nl 1L ab s has
grow n
I nto the
p re m
~ r !l l 3 rJ j u~ m a l I nal ytics
finn in C ol orado drive n
b y
Ge oife rs sk il l s. com b ine d w ith he r p 05 5 \ 0\
f r cannahis
scie nce , C il m l L .ab . t1!l rn of scie ntists
p l "ov
de
l tl ul t.ip l e
sk il l se tS!!l se ve nd p racti
arm as, Additl ol l al l y.,
the ir
e xte nsive m l tim 1l l 1 ne tw ork ofl , l b oratorl e s~ l I ow s
the m to draw on de cade s Qfl m ow l e dge
b il SI l in m arij uana "nal ytics
and standl rds.
As C m m L , ab s
gre w
and the sC ie nce b e am e se .col l d natu.re .
G~ nife r found he rse l fb .e ce m ing
m ore
m otivate d b y p atie nt
ne e ds, AdVl l c"t
ng
for $ ci, ~ .I l ce ,
Ge n fe l " hasad
p t, "d
l l 1e dical m rij ual l a
l
ghts
a a p e rsonal
cal ise ,
Ge n
e rse xp e rtise
al l ow s !m r to Piovid"
cdu\ : atl ( 1) to cl ie nts and
p atie nts
O il accurate dosing
3 nd
p rop e ractivatiol l .
Ge nl e r has b e e n
nvnhm hl e I n the de ve l op m e nt
of a cre d l l k : anctsl 1f\ ~ ndustry
in C ol nra!l o, She I tas se rve d on AH PAs C annab is
C om m itte e for ove r a
ye a!
de ve l l 1p in/ l .go{) dl ~ b p ractice
til cnrm ne ndati ns for
re gul ators
m l tl ooal l y,
SI 1< se rve s l iS
C hatrp \ 1l son
of the Me dical C annab is Te sting
< : oal itionil l l d w as
I nstI I 1n1"ntal in de ve l op il 1gtl l l l irl ahol at( ) I Y
standards, Ge nife rs rvts 011 the Gove rnQrs Am e ndm e nt Task Force Work ( ; I O I 1) l
for advising
the TMk Force on
canm l his te sting, l ab e l ing,
and he al th and
safe ty
issue S. Educating
di.e nts and
p atie nts
011 a"rl l ratt
dos
1!l
il nd
p rop e r
activation,
she has
l m l p e dto
e nm ce a cre dib l e and industry
for the fut.", re ,
l 1FP-l ( \ 3 U!fng.
l
Fe -hnl J irj l
15 , Z( H 3
00005839
Deuvcl Relief r.1l11~ult
!lg.
LtC
- I rll] llls er
lI lI d Product nml I ndus try Knnwledge
Lead
Denver H eliii!f eons ulting: LLC (DRe)
s erves as
p roj ect
111a rrger, p roduct
~nd indus try knowledge
rellm lead ald
, , -
p rup os er
for our lalger
team, E illl Seell, managin(lnembel\
will lI , a the entire
p roj 1os al
team as p rO j ect nl!lll.~, gel:
rhe DRe te~m will als (\
p rovide advis ory
s ellllce~ I n all
CategorI es ,
The Den ~I Rel!efmed allllllrij uatla
tillite! was
es tablis hed in ;a009 ~nd the
blls ines 5 q uickly
became {me of the
!: ouI I ~rl" s
mos t res p ected
med! a! marij uana
centen,
Denvel" R(!l ll!as become not
ollly
a l~ad l in Clllorado, lluta nat onalmodel of how a medica! mari. u na tulU vat] (lll
arid n~ti1U bus les s s hould
op erate,
l.ed by
tor.
p hilos op hy
that l1l rij lllH la
bus ines s es s lluuld act 3.S am! be trllated liS
illlY
other bus ines s I lRC s et outm rofnfolce the
p ertep tionof
mar 1.1ana as i1 viable lI I e~U ina am! taX generator
for
government: ll,
I n 2010,
the
op !lation
cr~3ted Denver Reliefs Green Team, s ervillg;l~dellt, ,
and lite
comml.lllU : y
at
tugewllile combating
tile
negative s tigma
of
m.rij u, ma
and
ma.rlj uana
us " n, E an h~
p artldp ar" d
in two s tatewldw
indus try
trade i\s 5 odatiolls and
ClI lflmtly
s erves liS
the VI ce Chairman and I s tlie Chairman E lect f!: li thm Natlonal
Cannabis 1l1I
us t1y
As s odation
(MCI AI
I n
Was hington
O , C,
Denver Relie! Cons ulting
was es tablis hed by
the
dis p ens ary
imd m!t!vat : m < l!ler~tol
;n2011, nllc h~~ aided 111 the
creation of s everal
B J lclllarybl1, ineSS8 s
mid f< : )cus ~d their
cO lls lllt!ll/ l
s ervices on
op eratng p rocedures
and
cJ l11p lillnce,
The cons ult
l1gl;lltlup lurtil: ip ar: es
in
governnlent
at the s rnt and local levels and has
p rovided inp wt
on
Cuk\radus medical
mllrij uanlegis latloll
alld
reglI 13t
H lS, KalvlI nKhala
ari will s erve a~ the
11I llduc!
and
ndus try
lmowledge
l~nm l<ad.
Kayvan
is !l electrical
engln;;ef
and
entrep ren~ur
woo
has es tablis hed lll" eces s ftoi
p izza
chain I n Denver while als o lls t1\I : !U s b
ng
1l< 1t1v r Rel f, H has been an adv()cate I lf s ens I ble
drtlgp olicl p nrtlI " dl1g
witb Sens ible Cl1lwllclo alld SAfSR s ince 2004,
l(aJ v~!1
\leI leves a
mariJ \I < !na
dis trlbutloll center s hould be a
p art
of
it. commU nltyand
h.is WO I
with the Green Team has been ctltkal to achieving
that
gO lll.
H e ls o s erved on the
I 1llard of dhoct l" S fol the Medical Marij uana
As s is tance
I roglAll1l1f
America (MMAPA)
and
currently
s erves O il the
board 01 directors for tlm Clllo" I (loO (ollth
Symp lonl
and s (, t~nU r" L{ mGlltllrofn ore than s ix
yei" " !>
fI ll Dellver Kids
I nc,
The DRC tl1alll als o f atures s llveral
exp erienced W!lor" op eratof
cnu, ;lJ ltlll ts , O nl admiui.1J atlv.: ! I ~acl alld tedlltical
.
writ(fllr~dllated
frnm tile
U nivers ity
of Denver I n 1999 With a mas t !oflms lns 5 tulmllI s tratinn, She .., erved as
fio~llce director for ani: llfras ructule s p ecial
.r)is trlctln
eolatado fill e htyears ,
A fonner medical
marij uana
bus ines s
oll
ralol, s he s eNetl as the < mil
blls ines s
rep res entative
nn both the Colorado
Dep artment
of Revenu s
~ml Colorado
Dep a11: 1l\E lI t
of H ealth and ?uhlic E nvironm nts medical
marij ulI na advis ory
E ommJ ttees , She WilS
in: fluen\ialin the
tj " " " , op I ll
nt of tlle Color~dQ Medieal
Marij uana
and
regulatl ns lnrp !emellted
tneleaft!1
by
I P.lI ltille r!lj ulatoryborlies ,
She h~s .I s o beoellan ardent
j 1atielltadvQ~te
s ncce, s s fuU y I nbbyln!l
for Coloitldo
indI gent
p iltlellt
11!1es , She
p !
vldes
regulatory
draft
ngs ervices
to thrl!e Cnlolado indus try
trade aS5 ocitlt!ons
s ugges ting
rule
changes
to the Colorado MM.~;D, Known for
herreglllatory exp ertis e
111 mar uan.,
s he has
p rovided
rlo~en of
p res entat
ons am.! !Y alltl1gs nationally
to
op erators , . p olicymakers , lcgutlltors ,
attorllels ,
.academics , p hys ician"
J lI lTs .ng
humc
O !lerators
and
p ublic
health oftklals , Mos t: recently,
s h~
p res ented
!I I : the RAND Cllnference on Pnblic
H Cillth Regvlatiom;for
Marlluana,
She 1m!>
p rovld~d np ul
to AH PA on regolatory
s tandllrd, (good p lilctice)
for
p lJ liclmak!!.rs
in the areas of C;mnah s Clllt vat on; 1VL: mumcturing.lllck gi ng,
labeling,
and
H olding;
lH s tributlofl/ lJ is p el1lill1g;
and Ciillnahis Al1a!yt
cs ,
The DI le temn!oi
brillg,
butl! retail and cultivation
exp eriellte
to the
p rolett,
The DI lC cultivatioll rlirectlll. Nick I liee,
has nm tmdiliO J lal
(nan.malij uanill
nU I s eries , garden
centers and
lallds , lp e dils ign op eration.
for two decades , As
well i1a being
, I
nurs eryman,
he has als n
d." " igl1ed
and huU tcomm" " da!
and rc.lclelltlallrrigMlotl s ys tems ,
H es be" 1
involved I I I numerous
greC!1
indus try
aS5 oc.ill!icms , .intluding
the O hio N
~I llie!y
Limds clip ~
As s oci.boll (O N LA)
and Profe.s l: ollal Landcare Network
[PI , AN E T), Through
the O N LA, he became all
011.0 Certi e, 1 Nurs ery
tecnnici11l
[DCNf)
and was . certillcat m cflmmittee lllember fmm a001< W09, 1i1l: hatp os itloll.
he
help ed
rewlitl! the
RI 1- K430/ 1.ge
I I
F eoru.lY 15 ,
2t 3
00005840
te~tbQoks mId testing
r nl l u or ia l s fa r the {hl o Cel tl fl ed Ir r iga tion
Technicia n,
Gr owl l r T dml da n. a nd[;a ndstl l p~
I ! l choicl a l 1 .
of which he Il e! d a U thr ee.
Nick
Joined
Denver Rel ieHn ZOO 1 a u d a ct, a s cu ! tl va timl dir ectodo,
Del iver Rel l er a nd DRC.specia Hzl ng
il l
ma K i1 l 1 izl tl g cl np pr odu ctl ol 1 .
sta bil izing
contr ol l ed envh onr nent$,
minl nlz
l g pest
a .nd
p thogel l ha r ms
l l d
r esponsibl e
wa ste disposa L
He
1 I! ~t1 a ges
t"~Ul 5 of l iS
ma ny
1 1 $ twentjH
ve empl oyees.!
a time. esta bl ishing
a nd
e.nsu r
l l l !
best
pr a
tl cl ;l sfor
pl a nt
ca r e fr om seed to p, ocessing
a nd
pa cka ging.
Und.er hi$l l l a na gem~nt..
Penver Rel ief
1 1 a 5 won mu l tipl e iml u str y
a Wi! r dl l a nd a ccol a des for pr odu ct q u a l ity,
.
Vl cent~ Seder ber g,
LI.C -Pr odu ct
Regnl a thm
bea d.
Vicel l te
Secl er bel g.
hc
ser ve.5 ",,> tea m l ea d
r ( ) c1 ~,ct
Regu T
i~;n, Il owevcl " th.e
:
ex ten$! v~w;;.ii Wl th m ijl ! in-;; ~
bu sinesses
il l mu l tipl e
su otes gives
them a k
wl ed.g~.
ba se ex teml l ngto
a U fa cets ,,( oper a tions,
The Vicente
Seder ber l l ,
LLC te~m Is l ed.
by
Chr istia n Seder ber g
a nd
pr ol fides
II host of r esou r ces incl u ding
l l vu ~ft{jr ne) l $
ii! 1 1 d r Ol l r
pol icy a nl l l ysts,
V! cel l t~ Snder b~r g, LLC. is" l a w finn pr oviding l ega l g\ l icl a nce
to the medica l miil t i u a na ccr il mu l \ l ty
a .r td i.s One of the Il l ost r espected
1 1 r ms in the
cou ntr y
in
r htspr a ctice
a t E! <l .
Ul l e of the fir m s fou nding p<l l tI1 er s,
Br ia n Vicente, ser ved a s the ( ,( l .dir ector cfthe Amendment
64
ca mpa ign
a nd wa s
om of the
pr ima r y
a u thor s of this histor ic mea su r e,
which r i! su l ted in Col u r a do be,ol l l ing
the fir st sta l e in the na tion
~ a nd the fl r st
l l l iOgr l l pbiC<l r ea
in the wor l tl - tu ma ke til e
poss
,sh:m, l ise,
mnl
r eg~l a ted
( Hstr bu ton ofma r i ..a na
l ega l
for a du l ts,
fie a l so S~! l fe3 a s e.x ecl l tvc dir ectnr OfS"l Is1 bl e Col or a do, the Sl l l ! " $I~"dil 1 g .! If:,n pr oRt WOI kil l g
for
medic~l ma r iil l ~na pl I
cn[S a nd
pr ovider s.
Br ia n Is tl te
cha ir ofl he Denver Ma yor s Ma r iju a na
Pol
ey
RWiew Pa m:l ,
ser ves u n
the Col or a do
Depa r tment
of Revenu e Medica l Ma r iju a na
Over sight
Pa ta l , a nd coor dina t $ the Col or a do
Ba r Assor ~a tl on s Dr u g Pu l icy
Pr
jett.
He wa $~wa l ded the
pr
stl gl ou s
Gideon a w;~r d for his fl 1 l ! ! speech a d, oca c)
du r ing
the l OO Dr u nocr a tk N~t ona l Conventiol l a nd
w.u s
sel ected a s "Fr J; edom F ighter oftbe
Month"
by High
TimeS
ma ga Z:l n{t"~
;1 1 201 0, Br ia n wn.$ el ected til e fir st-ever
cha ir ( l fthe N..l iona l Ca nna bis Indu str y
Associa tion,
the
"nl y
tr a dt!
a sso ja timl in the U.s. til i! ! wor ks to ndva nl e tbl l l ntu ests 01 C nnbis,r el a ted bu sinesses oil the l l a tiona l l eveL Br ia n
Is
r egLl l a r l y q u ott d
il l Joca l , sta te
a nd Oil tiona l
pn~ss
a nd Is fea tu r ed bJogger
for the
Hu ffingtnn
! OSt, Be ser ves on
the boa r d.of dir etwr s for a nu mber ohta te a nd na tiona l non-pr ofit u l ga niza tio! l s
incl u ding
SAFER Voter Edu ca tion
Fu nd,
Col or a do NORM L l Inel thl " Ha r m Recl u ctl ol 1 Center , Br ia n gr iidl l a ted
fr mn the UniVer sity
of1 ) e1 WeF l .a w School
on a r u l l medtschol a .r shl p
wl wr he cier ked
for
ol l tsp.oken
su ca l cr itic,
Senior fecl er a l l u tl ge l ohn
I..l <a ne.
Br l a n s
pa r tner
a nd cO-! hUl l der ofVicGl l l e S~der ber g, U,C, Chr istia n Sedel bcr g,
wil l sel l l e a s pr oject
l ea d the
l mdl l ct
Regl il a tl on
tea m a nd
pr ovide a dv1 50r y
ser v es il l a l l
Ca tegor ies,
After
gr a du a ting
! r om the Univer sity
of
Col or ml o Schoo! ofLmw, Chr istia n ftl .,u secl l ls
pr a ctice
on
r epr esenting
sma l l a nd mediu m sited bu sinesses,
witl HI
pr Il Il a r y
focu s on r ea l est.q te,
tommei tl a l l l ml bu siness tr a nsa ctiu ns. in a ddition to
pmv
dinggener ~i gu ida nce
to
medica l ma r iju a na bu sinesses,
a l l c
Ua r y
Im~ines$es a mi ca r egiver s
bol l t l oca l il ntl 51 a te
medica l ma r iju a na
,
.
or dina nces. r egu l a tions
a nd l a ws, Ctl t $tIa n
ha .s
pr ovided
a wide
r a nge
of r ea l esta te a nd b! l 5 iess tr a nsa ctona l il l l d
r egu l a to! )
il ssIst;m e to the mO! dtca l ma l fjn! l na COIl 1 il l l l l l ity, indu tHng neg"t
\
nl !
the
pUI cha se
a nd sa l e of a l l u l 1 1 b l
medIca l ma l ! jl l il l 1
bu sinesses, neg! ! tia ting
il ntl tl ocu mentl ng
the U l l Hsfcr of meoiea l l 1 1 1 1 r l ju Htl a
[a dl ites, dr a fting
l ea ses, su bl ea ses, empl oymel l !
ontr l l cts {onbeha l fofbotb gr ower s
a nd medl cl Il ma r ju a u a
bu siness owner s) ,
pa r tner ship a gr eements
a nd
oper a ting a gr eements,
Chr istl a n r epr esent;;
individu a l s a nd bu sinesses a t the COl or a du Medica l Ma r iju a na
,Enfor cement
O! v5 m. In
a ddition ttl l ! !
jl r iva te
jl r a r tice
oHa w, Chr istia n a ssists S~! l $ibl e
Col or a do s bl tl ! l :{[~l
dr u g pol il ) fefor m
efl or t$ a s II
RFP-1 ( 43\ l /Pa a o
tZ
F.b1 1 l
l 1
1 5,1 01 3
00005841
l e g a l
contributor a nd l ol ml t1!Cr, Chr stl a n wa ~ a
prima ry pa rticipa nt
il l the dra fting uf
Ame ndme nt 64 a nd
curt" !mtl l
se rve . on the Gove rnors Ta sk Fun::e for the impl e me nta tion
of the A111e ndmQIl l .
Christia n cnrfil ntl y
is Co-Cha l r1l t
the Ame ndme nt 64 Ta sk Force Consume l S a fe tY l l l l d
S oda l l ssue s Work Gnmp
a nd a l so se rve s l iS a
mrnmbe r of the
[ J l l pa rtl l umtof
Re ve nue s Me dica l
Ma rij \ l a na
EI1[ orce me l l ! Dhis l l l l
me dica l
ma rij ua na
a dvisory
commine e ,
The Vic,mte S e de l be q"
l .LC te a m
e ng a g e s
the se rv e s of se ve ra !
pol icy
a ml 1ysts
with fe de ta
,
sta te a nd l oe a !
e xpe rtise
in hl W
~nd
re g \ l l a tl l ry
a ffa irs, S ha wn Col e ma n
provide s
se rvice s to Vl ce nt S e de l be rg ,
L.LC for the
impl e me nta tion
of Ame ndme nt 64 a nd wil l
provide a dvisory
se rvice s RFPCa te g orie s
t,:> a m! 4, S ha wn
be g a n
work il l
publcpol icy
wh\ l l l l l e ra il for Boul de r
City
COUl l c il l 2005, l ie W,IS subse q,ul l l l tl y a ppointe d
to the
Cil y
of
l l ol .l l d~r
Downtown Ma na g e me nt
Commission 12006 Hnd wa s e l e cte d
de l e g a te
to the 2u08 De mocra tic na tiol l l l l
cO!l ve nl :i" n, H e
be g ~11
work in ml l l ij ua na pol icy
whil e
se rving
l iS a Le g l sl
tive Assista nt 101 U,S ,
Rl 1p J a re d
Pol is, 11
Cl l ug re ssiona l l e a de r
011 m~l ij ul l na pol icy
re form il l Wa shing ton
D,C, He l e t\ l fQe d to Col ora do to se rve a s the
Industry
Lia isol l fOICol orndo
S pring s
S ta te !l ;mk a ud wa s subse que ntl y
Ih" ENe cutl ve
Ol re ctQrof the Ca nna bis
Busine ss Al l ia nte (CBl \ ), i1 non-pl ofit
tra de org a niza tion
for me dica ! e ,mna bis profe ssiotl a l .s
a nd a ncil l a ry
busine sse s,
He Is ;115.0 i1 me mb~rof the U,s. Commission Oil Civil
Rl g htsCo[ ol a do
S ta te Advis
r~
Committe e ,
S te ve Fox Is one
uf the
l e il dil l l l fig ure s
[ l 1l he mOWl l l e l 1tto he l p
the Unite d S IMe S ITa nsl tl on
from ~11 unre g ul il l e d,
crl mimil ma ri ua ,,~ma rke t 111 oue tha t Is
re g ul a te d,
tnx.e d. a nd control l e d, As dil .e ctor
of
g ove rn
me n I re l a tions a t the
Ma dj l 1~nl if Pol icy !roJ e .:t (M!!),
S te ve ha s be e n
Invol ve d in the dra fting
of nnme rons
ba Uotinitia tive s. Mostl l Qta bl y,
l Ie wa s CIl l O ofthe
primm)
dnl te rs of Ame ndme nt M in Col omdo a nd.
a pproa che d
the ttl sk with a n
e ye
nCl t
I
l ist
Il l wa rd pa l ttl cl Il
conside ra tions, but a l so the l I;ml worl d ril l l 1if ca tions orthe l a wol 1ce
e na cte d. S te ve is now
Intima te l y
il 1l ol d in the impl e me nta tl ol 1 proce ss
In Cul ora do with Vice nte S e de rhe rg , ova l se e ing
the worK of thre e
pa id
consul ta nts a nd
working
with
ma ny
othe r indiVidua l s Invol ve d in the ctl Ire l l t Il Isk force
proce ss,
FIl l i
}
a na l ysts
Prof1l ssor Ritha rd McGowa n a nd Eva n Cl l he n
bring unique e xpe rie nce
to Vice nte S " de rhe rg l l 1
e va l ua l ing
til e re g LdHtory
a nd ta x structtl re
uf so-ca l l e d " sil l il 1dnstrl l ~$ : inCl uding g a ming .
!\ l ba cco.,
a l cohol a nd now,
mil l i ua n ,
McGowa n a nd Cohe n most re ce ntl y publ ishe d
a
pa pe r,
" Gra ss is
Al wa ys
Gr~qne rWhe n Its [ ,e g a l :
Pol icie s
l or S ta te Re g ul a te d Ma rij ua l l l l ," pLl hl l i$ l !e din
2012 in Tim ECOnomists Voice ,
McGowa n is a profe ssor
a t the Ca rrol l
S chool of
Ma na g e me nt
a t Boston Col l e g e ,
He ha s cl l nsul te d with " " Irious
g ove rnme nta l
e nl itie s a bont murke t
structure , ta x.~tl on a nd
re g ul a tory pol icie s
In the
g a Ining ,
toba cco
a nd a kohol industrie s, McGowa n provide s
cvl 1sul t
l 1g
se rvice s to five
l otte ,)
COl !l missiol 1s. a s
we n <is, se l " " ,,, 011 the
City
ofl l osl OIl Ga ming
Commission a nd the
(l ~l "
ofth., M~ssa chl l se l ts Compl S ve G;unbl tng
Council . McGowa n ha sl l ubUshe d mul tipl e
hooMs (il l " sil l
industrie s" Incl uding :
S Me Lotte rie s mid
Le g / 1l ize d Ga mbl ing :
Pa inl l l ss Re ve nue Qf Pa inful Mira g e (Quorum
Books,
Oe l ol l e r
994);
[ {l Isine ,~, Pol itics (l ml C a mtte s: Mul tipl e
Le ve l s,
Mffl t
pl e A.qe nda s l Gre e nwl l od
Pre ss, S e pte mbe r
1995); fl l l l u,~trya s
a Pl a ye r
in the S oe iol a l l d Pol l tice rl Are J l a s
(Quorum
Pre ss, l une 1996);
The 5e e rtl :n
fa r
Rwe nue a mi
the Common Good: Al l Anl l IY sis ofGol e mme l l t Re g ul a tion of
the Al cohol l ndu$ Uy (l ra e g a r
Books. Ml l Y 1997);
(i ve l l 1m13ntcm(/ the Trtwsforma (1011 a fthl ! Oa mil l J J Im:!usrry (Edw.l rd l il g a r Publ ishing , l ul y ZOOl );
0nn The
Ga mbl ing
f)e ba te (:2012),
(111997, Cohe n
publ ishe d
the first study
since 1912
a tt" mptil l g
to " stima t~the
prl e e
e l a sticity
of
de ma nd fur ma ri u.a na , " S urve Y
of
Ma rij na na
l J e a t Come l l l J nive rs ty."
RF?" J (430!V> g Il 2>
Fe Uril iffy l S r ZUIl :%
00005842
CATEGORY 2
-PRODUCT
QUAUTY
STANDARDS AND TESTING
5, Ab i l i t y ,. Capaci t y
and SkUl s
a. Knowl edge
of t he i ul 1ast l 1l ct ure req ui red
t o t est l na rl l wna t o ensure product q ual l t ) ,
cont ent , Ingt edi el l l s
; ! l nd consumer SM l IY
c! l fi $ i del i l t i om:
The
l < l rgl 1st
l i censed
l ab orat ory
i n Col orado i s t he l ead of our product q ual l t y
st andards and t est i ng
t eam. . The
presi dent
of t he
l ab orat ory
wi Jl l ead t he WSLCl l
prl : i
It CL for recommendat i ons on product q uaUt y ,
cont ent ,
Ifl . gred
ent . and COl 1sumersafet y ,
As
l ab orat ory specIal i z Ing
In mari juana po ncy
and resi dual s t ~ s\ jng ut i l i z i ng
HIgh
Pressure
Li q ui d Chromat ography (fl PLC].
Ol l ]
product q ual i t y
aud
t est i ng
l ead has fl rst . hand knowl edge
aOl I
experl em; e usi ng t heeq l l i pment necessary
t o t est fol regul at ed
sl andards, Ou,.
Pl oduct q l l aHt y
st andards and t est i ng
l ead hos t l l l ee
y ears eXpel
el l Ce provi dl ngcM nahi uul d
com: ent
t est i ng
fol THC-A. THC. Cl IO, Cl l l l . and CSt -. ! and
i mpl ement ed pest i ci de
and m ,ob i oi Qgi cl l l t est i ng
t o t hei r jogl el ofsuvi (: es,
Gen,fedms rel at i onshi ps
wi t h several
mmi jua. na
t es
ng
faci lt i es
i ncl udi ng opl l rt l t orsl n
Cal i forni a and Ari z ona, Addi t i onal l y ,
t hei r el t t ensi vu I1< IUonal
fI; at work Qf t ~ b orat 01l es IHows t hem t o draw on Il e
ades (l fknwl ~ dg! l
b ase i n
mari juana l l l l al y t i t s
and st andards,
Ol l r
product q ual l t y
5t ant l ard$ l ~ ad i s al so chai r of t he M edi cal Cannab i s
TeSt i ng
Coal i ! l n of Col orado whi ch has
e; l l l b l l shedst andards for b ot h H ILC and Gas
Chromat ography (Ge) t est i ng
and a
! l : l Cmb er of t he AHPA Cannab i s
Conuni t t e\ J>, Her
expert i se
i n st andards and col umns w (l ssi st
t he WSLCl l i n
sel ect i ng
t he
t l ecessary eq ui pmel l t
and
Infrai r ct ure t o ensuw q ual i t y
t est ed cannab i s
product ~ ,
Our t t ~ am l eads
l al mrat ery i ncorporat es st ri ng~ nt
GOod
~ l ! b Pract Ice i ndud
ng eq ui pmeut . t andardl i :
t he! , pi pet t es (used
for vol umet ri c t ransfers of sot vent s and
ext l
ct i t ms)
and. scal es are al l eal b mt ed and cert i fi ed
b y
a t hi rd
part y (S. RCOM ) .
SERCOM rout i nel )
caHb t at es
i nl l t l Ument i l t i ol l ami
eq ui pment
for academ research i nst l t ut i O. l l S, government al agenci es
and cri me l ab s,
b ,
Assi st i ngt he
WSLCB
Wt t hesl ab Ushi l l g l ufl l t jl
st andards for
t est i ng ml l ri jl l ~ l Ia:
Three of our l e~ m memb ~ l s have
hel ped i mpl ement
i nhfseo. l
pl Oduct manufact uri ng sy st ems
i n. s
regul at ed
ffnv Cl Ii . mel l t Thi S
experi ence
Comb n(~ d wi t h our
anal y t i c
t eam mt l mb ersski l l seCensure, a comprehensi ve
und. crSl l Ild
l l g
of
necessary
heal t h and
safet y
sl 1mdl l l ds, dosi ng
st anda

s, product CUl l si st ency


aod
composi t i on,
Our t eams
experi el l ce
on t he Col orado Govemors Amcncl mcnt 64 1ask Force i l 1
l \ l di ~ ! l
t i l e Cl l l l nal Law ami
Cml Sl IIl l er Safet y
! mt ! $ oci al l ! >sues Work
Groups provi des
11 Ul l i q ue rugul al orYI< : ! rspe
t i ve 01) product q ual i t y .
col l t ent . i ngredi ent s
consumer
safet y ,
Our
pl oduct q usl jt y
and
t est i ng
t 1?aml ead has t est ed
mul t i pl e
manufact ured and i nfused
prot ! oct s
l i nes jncl m! i ng wat er. b ut ane, Ni \ PTHA, i sopl opy l .
,,! col t ol , C02.
b
xM e,
acet one
anel
pmp"",l
hash ! ~ xt t a t l ol 1~ . She has conSul t ed wft h
mul t i pl e
l nfnsId product s
maHl l f; l ct urers devel opi ng
manufact uri ng pro,,,sses, product
formul at i ons and
dosi l l gst al l dard. .
Two memb ers of "ur t eam, i ndudi ngt l l e product q ual i t y
and t st i ngl ei l d, current l y
senm Ol l AHPAs Cannab i s
Commi t t e
devel opi ng b est pract
c ~ t ancl ards r ccl nmmndat i QI1S t o
pO
ky makeS1! nd regul at ors
on cal 1nahi s
anal y t i t s,
i ndoor i l l l d out t l oQI cul t i vat i on and mal 1Ufact \ l ri t \ g, pat kag ng. l ab eHng
and
hol di ng.
These st andards
i ncl ude e "l l l enl s of GOl l t i
IIgr[ cul l Il ra. 1
Pract i ce and Good
Handl i ng
Pract i ce as wel l as Good
Lab orat ory
Il i l ct e
addrl l ssl ng
erWi rt l i l mol l t al , empl oy ee
and
product safet y . Addi t i mml l y , a memb er of ouJ l egal
t eamserve~ a. ; ; Co"
Chai r oft l l e Amendnl ent 64 Task Force Consumer Safet y
and SOdi l l l ssues Work
Grouj) makIng
rel evant
l e Ol 11men< at i ons for adul t use mari juana sy st em,
Tb e
anal y t i c
and b est
pract i ce
devel opment experi ence
of om
t Ul Im eM ures < l It ! l e ommendl t om t o WSLCB wi l l l l dl l de
suggest
ol l s 1m
q t mlt y
COl l t rol . ri sk
managemel 1t
and
cont i nuous
i mpt l l l ement pro
; : sses.
Rfr~ t Hag/p. ~ <
. 4
Feb ruary IS. , 2\ l 13
00005843
6.
Experience
in Product
Quality
Standards and
Testing
Ollr
product q uality
and
testing
team has rested thousands of
marijuana
and
marijuan~ infused
products samples
ill a
licensed
regulatory system
since 2010. Ollr team has two
years experience providing
cannahinoid
profile testing
andi. the
premier testing
lab in the state ofC"lorndo. The
product q uality
standards ami
testing
team utlzes the
most accurElte form of cannab nold
pro!l1g, High
Performance
Liq uid Chromatography ( HPt.C) . They keep
all
insttumcnJ:s llnd
eq u1llment tightly
albruted with low tolerance
range$,
and their standard
operating procedures
and
goodlabolarory practice
reflect the
proper Wlly
of
gathering
true
potency
data,
liPLC ls.the most
widely accepted
method for the ldelltifkution and
q uantitative
measurement oCthe constlWents of
all medical
plants, induding
that of cannahis sativa, AHPA, World Healtll
Organ.lzation,
United NatioIls, Federal
Drug
Administration and
D"1l1l
Enforcement
Agency
all recommend tlPLC in their va.-lous
guidauce
documents as the
only
accepted q uantitative
method for
potency analysis,
The reasons for this are
q uite straightforward.
There are no
chemical modifications to the molecules
( cannabloojds) in this
case,
and all oflhe
pla.nts
constituents are
kept
in
their
naturally occurring
forms, This allows us to nbtain true data on both the acidic
( e, g,
THOI, CIlDA)
and neutral
( Delt1l9 .TIIC, CBD,
CBN)
ofthe call1luhinoids,
Onr team
pailS
1llI..C
methodology
with the use of
third-party
reference st.ndards, Tllese reference standards are
[) EA form 2.22
exempt,
mMI1
ng they are ala concentration of
Img/mt. or less and
supplied
111 a toxic so!ventsuch
"s methanol so that thecannabinods <cannot be reclaimed, Before
they are deutlld as
exempt,
the DEA and FDA
regulate
the
production
of these molecules and must
certify
them with the
hell
of the
supply company
before
tllSy
are telcasecl onto tlm !lulIket. Therefore. each
aliq lHlt comes with a certificate of
analysis showing
Its
purity
am!
concentration when
they
arrive at the lab on
dyice,
These reference standards are
thellloj!ged
and
q uarantined
in
our teams lab under
propel stnrilge
omlltlolls until used in
tesling,
The teamsl.b calibration curves run from
, 05% to 30% and all have
<I minimum correlation coefficient of 0, 9 9 , SeE:
Figure
1 for an
example curve from a
j) 3St
reealihration, Our team labs tole, ance
range
Is 5%,
EXAMPLE -fiGURE L Calibration Curve ofCal1nabd OI, 11une
2012,
...
"
,
,
:1:.>
. , . " ; ;;;;.
I~FP-K430/1"ge
2S
February
15, 20 l.3
00005844
7. Staff Q.ualifications
and
C ap ab ilitie s
Our
p roduct q uality
st~ndards and
te sting
te am is le d
b y
Ge nife l
Murray .
In addition to he r staffuf
e xp e rt
scie ntists,
the te am incorp orate s le gal
and adl 1nlstrative te am me mb e rs with
e xp e rie nce
in crafting re gulatioll
f( } l he illth aml
safe ty
Issue s.
Ge nif"!
Murray
will se rve as the te an le ad. She re ce ive d he r b ache l,,! of scie nce in microhiology
frum ( ;olor"d"
$tatlllln
ve rsity . Le aving
the nutritional sup p le me nt im: lustry .
Ganlle l cre nte d C o!.olados longe $t
ruiln
ng
me dical
marijuana te sting lab oraW !> .
Since its e stab li,hme ntiu 2010, C annLab s has
gtQwn
IlIO the
p llimi
r malii\mna
analy tic,
firm i.!1 C olQradu drive n
b y
Ge llife rg sk ills comb ine d with he r
p assIon
for cannab is scie nce . C annlJlhs te am
ufsce nnsts p rovide multip le
sk ill se ts In se ve ral
p ractice
are lls.
G,mife rhas re lationship s
with se vOlraJ marljulIna
te sting
fllc tie s includillg op e rators
ill C alifornia and ArizQna. Additionally ,
the ir e xte nsive
natonal ne twork of
lab oratorie s allows the m to draw ( )!I de cade s ofk llow!e dge
and
e xp e rie nce
in
marljlt8 nl! ilnaly lie s
and standards.
A~ C all11Lab s
gre w
and the scllmce b e came s~ nd nature , Ge l1lfe r
found he rse lf b e cnm
llg
more motivate d b y l1at
e nt
".ads, AdvOJc ting
ror sde llce , Ge nlfe r has
adop te d
me dica! marl ualla rights
as a p e rsonal
C l,lSe .
Ge nlfe rs
e xp e rtise
,{lIow. he r to p rovide
"dll.c~tinll to cli"nts andp at
e nts ou accurate dosing
amI
p rop e r
activation.
Ge nlf"r b as b e llI!
itwaluab le In the de vl;1lop me ntofa
cre dib le and safe industry
ill C oj{)Tado. ShO! has se rve d 1m AHPAs C anl1ab ls
( ;ornmtte e
Ior ove r a
y e ar
de ve lop ing good
lah
p ractice
re comme ndations
for
re gLllntors
natiOllally .
She se rve s as
C halrp rsoll
OF the Me dical C annab is
Te sting
C oalition a m1 was \l1stllm1!!nt~1 ili de ve lnl1 llg
the ir lab oratory
standards. Ge nife ! se rve s 011 the Ame l1dme nt M Tagl, rorce C riminal Law W ork
Group
and
p rovide s
advice to
C otlsume r Safe ty
and SOI: la! ISSW : lS W ork
Group
Otl ,mllab ls te sting, lab e ling,
ami he alth and
safe ty
Issue S. gducating
diants mild
p atie nts
oil ,,( C urate
dosiJtg
and
p rop e r
activation, she has
b e lp e d
to cre ate 11 cre dib le and safe
Industry
for the futul.
rile tilams administrative le ad and te dmlca!
write rgra
ullte d from the
Unive rsity
ofOe nve r In 1999 with a maste r
ofb usitle s,; administration.
A forme r Ille d calmurlju
llil b usine ss
op e rator,
511e se rve d as the
only
b usine ss
re p re se ntative
011 b oth the C olorado De p artme llt
of Re ve nu s and C olorado Oe p arlllle nt
of He alth ami Pub lic
Environme nts me dical mal
i\lllna advisory
cnmmitte e s.
She has p rovide d inp ut
to M1PA on re gulatory
standards
( good p ractice )
for
p oiicy mak e rs
in the are as of C almab is C ultlvat
on;
Manufacturing, Pack aglng, Lahe HnB,
and
Hnl( lIng;
Distrb uli<m!m,p cos ng;
and C annab is
Analy tics.
Attorne y ,
C hristian Se de rlle rg
will also ~e rv{! on the Product
Qualty
Standards and
Te stin.g
te am. He ctllTe ntiy
( ;tl-
C airs the Ame ndme nt 64 Task Force C onsume r Safe ty
and Sod.llssue s W ork
GnlUp
and also se rve s as a me mb e r of
the
De p artme nt
of Re ve nue s Me dical M;lrijuana advisory
committe e . His le ga! p e rsp e ctive
and
e xp e rie nce
adds it
uniq ue
,1<111 se t and
p .olnt
ofv ..w to the te ams e fforts.
RFI- K430/1,,&"
26
Fe b ru
ry
15, i 1 J
00005845
8,
ApprQach
and
MethQdology
Our teams Involvement In the
development
of
productq ullli ty
standards an good
!ub
practi ce
for Colorados
MIMED, the Govelnors Amendment 64 Task Force lmd AHlAs Cannabi s Commi ttee allow us to assi st the WSLCll
i n
understandi ng
the
ptncess
and rati onale deci si ons on product q llllli ty
llnd standards and
testi ng
rli q u.
ern"lll~made
by
those
workgroups. Assi sti ng
i n the
development
of
q uali ty
standards and
labornto!1
testi ng
ri lles i n a
regulated
envi tOl1 lnellt
gIves
us knowledge onegal
and
regulatory
li mi tati ons as well as an
understllndlng
of the scellli fj
knowledge
base 3mllnfrastructure
req ui red
to achi eve d.esi red. standards und
goals.
Out team wi ll Ilrsl meet wi th the WSl.CB and i ts stakeholders to revi ew. refi ne and
gai n approval
for the
proposed approach
and
methodology.
001 1
approach
to assi St rl1 e WSLCB and i ts stakeholders In deci si on
1 l1 .1 ki ng
sU l1 Qundi llg product q uali ty
standards and
testi ng req ui rements
i ncludes a thonmgh
revi ew of
ex i sti ng
faci li ti es.
practi ces
and
re!,tllath: ms
In thi s
practi c!! Ilrea. Our !e~m wi ll
provi de a revi ew amI
analysi s
for the
followi ng
slIbject areas
related to
product q uali ty
st~ndards and
testi ng
methods:
1 . Consti tuents of cannabi S;
2 ..
P ot.ellcy consi derati ons;
3. COl1 ld1 mi nants and health ri sks;
4.
IlOjl"r phys
ul
plant locati ons,:
S,
taboli ltorysafely concerns;
6. Mi nlmllm
empi oyee
ducati oll and
tf< llni ngslal\ dan: ls;
7, Ilazardous materi als \ lti li zed i ll
testi ng;
II,
Eq ui pment req ui red i ncludi ng
mai ntenance
req ui rements:
9, Standard reference materi als
i lldud.i llgtypcs
and
avai labi li ty
for
mari juana testi ng \ lse;
1 0..
S~mple
,me! waste
handli ng
standards;
1 1 , Data
storage amlrecordkeeplng req uhBments;
ami
1 2 .
Reporti ng
standards,
Our team wlIl rev "wthe
strengths
and weaknesses i n
ex .i stlng
li censed
mari juana testi ng
envi ronments and
prOVi de an
ex planati oll
of
s,s!: em
li mi tati ons and
provi de proposed
soluti ons.
Ionlx ample,
our t,,"m wi ll
Iecommend HltC < IS the
testi ng
method tbe
req ui red by
the WSI.Ca,
butwm
provi de
1 1
sU lvey
of all
testi ng
methods
i ncludi ng
Gas
Chromatography
and ThIn
Layer Chromatography i ncludi ng advi si ng
ti Hl W$LCI3 ofthe
str~ngtns
,mct weaknesses of each method.
U tIle reseafch ex i sts 01 1
ti le
average potenq l
an< l
resulti ng
effects of
mari juana
and even less on the
potency
i lnd
erlects of
mari juana
i nfused
products i lllegu.lated
or
ul1 Iegulated
markets. A more i nvolved
approach
would be
to conduct consumer worKgroups to
develoJ l
a
sU lIley
of
usage
norms and
dosi ng ex pectati ons, Addi ti onally,
a
survey!)f
healthcan,
provi ders
i n medi cal
mari juana
access states could
provi de
a revi ew oftl1 e
percepti ons Oi l
q l1 ~i i ty. dosi ng
ami P lb"r consLI
men;afety
Issues. Ourteam members have
already
been
researchi ng
llnd
di scussi ng
these i ssues
i n-depth as parti ci pants
i n the medi cal
mari juana rulemaki ng process
and now duri nllthe
ongoi ng
Amendment 64 Task ForCe
process
i n Colorado.
llFP -I< 43V/P uge
"..""1
1 5. 2 P lJ
00005846
CATEGORY 3
-
PRODUCT USAGE AND CONSUMPTION VALIDATION
9.
Ab i l i t y , Capaci t y
and SkUl s
Our val i dat i mi t eam Is one of t he
prel 1 1 j el " e~
( ) n( ! l 1 1 i c, ml i l l k" t ~ nd
survey
research i i .rms i n t he
RocKY
Mounl : l ! l ! I
reg .l on.
We
ha\ l l .sUrt : fl SSful l y \ ul
ert ak l l and
compl et ed
moJ& l nan 4, 000
rescarceh as: ;g nt : nel 1 t ~
i n
every
sl : l ! t e oft l 1 e
count ry
and several
forei g n
cml l l l Ti es. The t eaml cl Id has b een i n
op~ rl l t l ol 1 -cont j l 1 uou~ l y 5 Ince
1 970 In Denver, fhe
\ l l l H di l t i on t eam off! ! ! ; II
vari et ) ! l l f
servi ces. Incl udi ng
market . Il cono.l l 1 t c. demog raphi c
and fl n<l ndnl anal y ses,
needs
assessment , pub l i c
fi nance
expert i se,
envl mnmeni al economi cs, PQlcl l 1 .Ssessment s, st rat eg i c l i l , , ! l t ! l l l ~ :
<l nd
i l ~ pert
t est i mony .
We have
speci al i 7.ed eX P<l l i el 1 Ce hel pi ng fedeml ,
st at e and l ocal
g overl l ment s
assess ecol l oml c. fi nanci al ,
.and
st r~ t eg
i ssues rel at ed t o t hei r
pol i ci es,
servi ces. l Ind
oi g i ni z at
l l l l l l
ob j ect i ves,
The v, ;l l dat hm t i fams current and
past pwj ect
woark Is
eqmdl y appoart l Qned
b et we! ! r! t b e
pr
va! el l l 1 d
pl l b Uc.sect oJ$ ,
II sl : l ! ff f 1 7
prol fessLof\ l Il s
Incl l l da. Il l cl .l vi dual s t mi ned and
Ixp&r
enced In economi cs, 1 1 1 1 1 rk~ t research. urb an
pl ann ng .
soci oeconomi c
i mpact
assessment , accol 1 nt
ng .
fi nance,
b usi ness
mal l ag ement ,
mat emat i cs, st ;Jt l .st ! cal
anal y si s
and
comput er IIppl Icat i .ol l s.
Demog raphi c
research.
Pemog raphi cal l d
socl oecQl l omi c research has b een cot e pract i ce
area of t he fi rm for over
40
y ear! >.
The val i dat i ol l t eam frequent l y uses IQcat st at e and f den dat a source. t o hi g hl i g ht
t rends aud
provi de
fon: ca5 U t o i nform \ ) t i ! cl i ent s. We b ave
cOl l \ pl et ed
UOl Ucrous ecol l Oml c
i mpact ,
fai r
hOl l sl ng . pub l i c
fl l l ant e. nel ds
assesSl 1 1 ent sl l O demog raphi c
st udi es t hat :
ret l l l l re a seasonel , mdersUl udi ng ofavl l Jl ab l e
dat a sources
and oft en
i nform
g overnment pole) !
dec si ol ! l r. The t i l arns
demog raphi c.wdl es
have b een
quot ed
i n t he Wal l St reet j ournal .
t he New York Ti mes, t he Wasl
l l g rnn
Post and Forhes
Mag az Ine,
Marki l t l Cl i earch. The val i dat i on t eams
ph osopl l y
for l ! acn market reseal cl l
aSSi g nment
IS t o ft rl l y
mefl r ourdi ent .,
needs whl l e
mai nt ai ni ng
a
hi g h
l evl ~ l ofmet l l o
l l og i c
l
ri g or.
We
b ri l l g
rese, wdl
expert i se, ndepem! ence.
ob j ect i vi t y ,
i md
creat i vi t y
t o ea, 1 I one of QUI ssIg nmenl s.
OUI t eam pri des
i t sel fi n
desi g ni l l g , and
condu
i i ng , t op.
qual i t y .sl Irvey
and mark" t rl .scan: h t hat
eng ag es part i ci pant s
t o
ope Il l y
share t houg ht ful responses
ab out
i l l l y
! l umb er of rese rch
t Oj l i cs,
We have
compl et ed
l l umerous
proj ecl s
t hat
requi re demog raphkand psy chog raphi c
seg ment t i t i .ot ;\ ,
st at i st i cal
anal y si s
and
mg nl ssl
n anal YSi S,
oft en
i nvol vt ng l arg e
di l t aset s. Our research has b een
..Ii cog l 1 i ;>;ed
wi t h awards from t he Ameri can
Market i ng
Associ at i on,
t hl Amerki l l l
Pl anni ng
AssocIat l ol l and t he Puhl i
Rel at i ons
Soci et y
of Ameri ca.
St l l t i st i cal l i ual y si s, Compl ex
st at i st i cal i ssues are a cmmnol l chal l eng e
i n much of fi l l !
work Our val i dat i on t eam
has execut ed and t est i fi ed
reg ardi ng compl ex sampl i ng
and
hy pot hesi s
t l st
ng
onnl l merl l U$ occasi ol l s, We have
mmpl et ed
eng ag ement s
t hat
requi re
comb i nat i ons of t i me seri es, cross sect i oi l al and
panel dat l l feg rl : ssl on anal y ses.
We oft en
compl et e
t hese
t ) ! pes
of
anal y ses
fOI" nat e or l ocal
g Cl Vernmcnt s
t o ai el i n t l t ei r decl si onmaki ng processes
Of
t o
veri fy
t he effect i veness of
pub l i c pol i cy .
Dl U" vaH dat ol l t eam ort en
pl l S
nt s i t s st at i stcal
researchl l l l l ub l i e
fOl l l l ns
and can
effect i vel y cmnmuni cat e compl ex t opi cs
t o di vl rsc audi encocs.
Wash! .ng t Ol l
St l l t e
experi ence.
Our l Ial i dat I1 t eam has compl et ed
several recent smdi es t hat
requi re
demog raphi c/psy chog raphi c seg ment at i ol 1
and St , t ! i st ) cl l I anal y si s
far st at e i l nd l ocal
g ovemment s
In
Was\ l ! ng t t m
St at l , In 201 2, we
compl et ed
an Anal y s
sofFai r
H mrsl ng Iml l edi ment s
for Snohom sh
COl l nt ) ! ,
whl e! ! Iny ol ved
i denl : i fy i l l g demog raphi c seg ment s,
t hei r demand for
housi ng l Jy
noome and t he
suppl y
of affonb b l e-
hoo~ i ng ,
We
have al so
compl et ed
t wo
Sl i fpari l t l !
st at i st i cal evrnl uat l ofl s of Il l , ! !
pol i cy
for WSDOT l l nd Sound Transi t In. 201 2.
H FI.K43Q/I.g e 46
F* b .ruJuV.1 S..
201 3
00005847
Economic mO l I . e l l l l g
and f or e cas t ing .
O ur
val idat ion t e , \ l l l has as :s 15t e d p ub l iC l l nd p r iv~t e
e nt . l t l e s wit h a var ie t y
of
l ong -t e r m p l anning
and e conomic f or e cas t ing
e f f or t s , 1 yp i. cal l y,
t he s e
p r oje ct s
ar e
r e g ional
p ianning e f f ol t s
t hat 4e f ine
b r oad s up p l y
and de mand f or ccs l n comb inat ion wit h s odoe conoml c
t r e nl s t o f or e cas t l ong -t e r m
l and ut il izat ion, wat e r
us e , t r ans p or Mt
m ne e ds or hous ing
de mand. We can b r ing t og e t he r s op his t icat e d mode l ing
and f or e cas t ing t e chnique s
wit h a
ve r y p r accical unde r s t anding
of mar ke t I hnit at l ons and~p p or t un
t l e s .
Val uat ion andp r ict l l g , I r oje ctng
f vt l l r e val ue s , p r icing
and
as s e s s ing I mp act s
of var ious e ve nt s , de ve l op me nt s
01
p ol icy
de cis I ons
is at t he he a! t of t he val t c!; !t ion t e am s . e :q1e r t is e ,
and has b e e n a s ig nl l icant p ar t
onhe major it y
of t he
f ir m s 4 , 000+ , l s s ig nme nt s .
Vahmt ol 1 and
p r icing
s t U / :l e s have cove r e d a dive r s e col l e ct ion of act ivit ie s nmg l ng
!i om
t he
imp act
of b as e b al l s t adium de ve l op me nt
on
p r np e r t y
val ue s in an ur b an cor e t o t he e co!l ol U
cal l d
p r op e r t y
V~l uf l
e f f e ct s of on and
g as d; ; ve l op me nt
in t he ! l I ml We s t . O f t e n our p r oje ct ion
and val uat ion s t udie s ar e
us e d t o at t r b ut e
e conomic b e ne f it t o f inl l nda1l l ar t ne r s
01 t o unde r l ie p ub l ic
f inance
s t r at e g y
and b ond is s u~l Jce s ,
Act l onahl e r e s e ar ch. O ur val idat ion t e am is known f or t hor oug hl y
and ob je ct ive l y
anal yzing
r "s e ar cl 1 r e s t il t s <l nd
wr it ing
r e s e ar ch
r e p or t s
t b at ndl l e p r act ical
and act ionab l e r e comme ndat ions ,
O ur cl ie nt s val ue O U l s up e r ior
t e chnical s kil l s and
r e l y he avil y
on QU I f e comr r nmdat ons 111d advice . We , I ! l l known f or wr it
ng
r e s e ar ch r e p or t s
t hat
cl e al l y
de s cr ib e r e s e ar ch r e s ul t s in al l e l l . Y -I o-unde r s t and
manne r
amI t hat I ncor p or at e
t houg ht f ul
r e vie w f r om
our cU e l 1t s .
C ap acit y.
O U I val idat iol l t e am wHl dr aw on I t s s t af f of 17 r e s e ar che r s t o comp l e t e
t he Pr oduct U s ag e
and
ms \ l t 11. p t l on
Val idat ion f or t he WSLC B. Thr e e qual if ie d
r e s e ar che r s f r om t he f ir m wU l wor k
t og e t he r
t o
comp l e t e
t his
p r oje ct
The l I aU I !l I I O l 1 t e am wil J
as s ig n
a dir e ct or as p r oje ct manag e r
t o
manag e
t he v~l I dat !on
s ub cont r act .
Re al -wor l d e xp e r ie nce .
O ur e nt ir e
p r oje ct
t 011111 has s e ve ! ~1 me mb e r s wM act ive l y
or f or me r l y p r oduce
and
p r ovide
me dical mar ij\ l an~
as we l l as r e l at e d b \ l s l ne s s cons ul t ing
s e r vice s I n
nl U l t ip l u I . e g n) at e d
e nvir onme nt s
incl uding
Ar izona, C al if or nia, C ol or ado, . C onne ct icut , M,s "s achus e t t s and Ve r nWI l !:. The s e t e am
me mb e r s
p ne s e nce
in
t he r l l il r ke t p l ace and inp ut
of f e r s 11
ve r y p r act ical
b as is t o
g aug a
p r oduct ion, I l l idng , yie l d,
cons ump t ion
and ot he r
e conomic mode l ing
f act or s . We b e love it I s as
imp or t um
t o have
r e g l l l at ions
I n p l ace
t hat cal ! e f f e ct ive l y
addr e s s
ove r -p l O duct
on or undcr "p t O duct ion
I n a t ime l y
manne r ,
RI I -1(430/ 1 "&. 29
Fe b u"! )
15. 201. 3
00005848
10.
Experience
in Product
U!
ageand
Consumption
Validation
Dur vald.trOlI team has lhe < leal combinll!c) Il of
ability , c..pa ltl
and " lcJ ils IU conduct
this
1 " 1)
important .tudy .
These , 1re
detTlO.llstl illedln
the discussion of our l13Sl
nd currem proj eclllX p" ti~ 1t
e in lh. secton. Tne dlscussllll1 is
orgall
&ed
by
the core elements WG
pen:eiv
ore needed to complete
the
study .
IJ elrlDy rapblc
research. The
folJ J lWIW ~ roj ects
dellWllstrate demo[ j raphic segmem" ti( j IlIJ X ~ enlm
:
Phase 2 AnaIY$I~ Qflmped.imcllt:.~ tn
Fair
llo!l~ !11II {AI}, Stute
IfTeX 1I5, Our validation team $ cnrrently working
for
th~ rex:~ s O< rpartrllent
of
H OllJ iing
&
Communl11
Aff~ r$ rroH CA}
tll
complete
II statewide Al
( l ll~ s" 2) ,
to
supplement
tile
Phase 11\1 clll1ductellofhurrtcal1o affecled
c ulltles, ihls
very cQmprehenslve
At Will be
conlplelJ !d.
III s" rj ng~ 013.1 l!e
quantitative uspects
of the
stndy
include a GIS
analYsis
of
." " i1ry
cel1SUS tract In tM St~ te showing
concel1lratolls oy rlu;e.
.thnlcllY
.nd
.Ilovert) :
all eNamlnatioll ohites witli efl\ril onmentldlt, , ~ ards
and correlation with
l\1~ nllrj ty impacted areas;
~ Il ~ Ilal:y sis
orthe d
spllritiesln mortgagE:
loan
otlgil1atollS,
denial .llld subllrilne
loall.
by r, ICeilf\ ethnidty ,
.ncOfll!devel,
and
counl) ;
and
ilsj gnmt~ lIt public pal1.ie patiol1 process using
a statistically significant
residents!lrvey ,
rn us
g mLlpS.
Interviews, !md sral boldl!l 511
V~ I S,
Glendale, AdzPU11 Dl!.tll( ) grlll~
lc and
H lllll> lnll
Datab~ e oeveloplllellt,
The
City
nH J lendllle, Arizon~ ,
commissioned
frut vaH d" t llIl team to obtain e nS\IS tract
and
ncighhoJ IIOOd
lev l darn nil hous
1.
lleeds alld resident clemogl llphICs_
In
a!lditmll to"
repol1. do, u.menllllll tllj l housing
Ileeds, our v;dlulIUOll te~ m I lmllded
th~
city
with l" C
than :lOG
delllOllrpbic
and
hnusiIlg
marker: Vllr Ables with a. c:omp, " y ing maps, .nablilill th~ dlJ l
to
prodoce
detailed GIS
.~ tlaly ses
to
mfol m housillg poBcy
( Iet iUIIS,
Market I eseun:h,
1 llefollt;wln J roi~ clS
demt1nstratll market r" , seal d! omlpsy dltl{/ I ClphIC slilJ m~ nlot
on experience:
US
Deparlmetlt
nf Pefense Ma.rket llesllardl, Ourv" lationlCi!t!1
, urrently j ln, v
des
ongoing
market research ami
11l1~ 1l1~ $S
plJ llumg
services fQl recreation, retaillllld cmlln1Un t.l ~ erl j , e
r" ,
lities for the DoD, Our validatim, te:1111
prOVides 1> , , *, 1
v" lidatiml n~ sesl lnetits fllroposed
facilities 011 military illst.lIiltltlllS
for all bl1Mlche.s of armed rorces,
The
prolect
vaUtl, lti< m assessments verify
the
dellth
and breadth of
potential marl< etsbl elllOgraphic
and
psy dmgraphir
.e.l~ ments, quantify dlllllal1d,
ev;.!luate ou, ami olH , ase
compeLlt
tlu, .and f rnj ect
Rnnlldal performance
" fnew bu~ iness
.ntl, rprise.
and
nOIl.profil openltmns
Oil mihtitrl
bases, SSC l1a~ cOnll luted
over 3S
proj ect
valdati< 1Il iliiSl!SSments " ver
. tlre I.us! l vt!
y ears,
Retail Market Researcll, In 2012, CustomeI COllllllunkattol1s
Gn> llp ( GeG)
retained our validutitm team to
provl!le
primary nlslomerllUlrketing
research and market , m~ IJ lsls
foT.~ n~ tj !) llal faOlwelfF retaller, III
partners j p
with eCG, Olll
va!idiltlnn reilln
designed
a
cOlllpl cnenslve
CIl, IOl11er I11s1ghts program
coosisl ngof
a SWl e.lJ ) Ntorl?
and
r~ g
onal market
iUIQly sj "
oolille customer
rows
grouj ls
kind lIl-slore customer slmp-alnng, levemg, ng ethnographic principles,
nle r talle, -
is
incorporating
the t eSearch r~ sul~ ll
u oughom
ill.!
orgall
zatioll, Including deve h llflfellt
of ~ customer Iny altYlll o l am,
1) 1" " , c.handi.ing , trategy .
brand
positwnil1j , \
[ elative to cmnpemOnl.,
slol e format. ill.stot e
promotiulIs,
and sodal media
.rl iltegy ,
A c!!lltral focus ufthe
insights prtlgl illll
is determining
the retailer s ~ ompe!mVC ~ dvantage
versus nther retailers
Ill!
iwy shopper demograpliir5.
StatMlca.1
analy sis.
The
!olflJ willg I lvj l!ces
demorlslnlt~ statistical " , wiy ss experience:
nudge,
Tnu:k nelltal MaJ l~ et Sliare 1l..~ !lTlatioll, Our valld> ltioll team has huilt an inllilvat ve
program
that comhined
imhvd\/ a.l store truell rentllll, , , rformanct?
dll!~ with local ar" , ~ demographic
and ITIarkllt data ill IdenUfy
where stores were
over and unde.rpel l orl11ing.This
inf( j rmatl ll i.
disI, lay e
QU an 1tt rartille
mapping
base tlt.l
prtldllteci
marKet
maps
for
evel )
r" lItal outlet in the natioll, l11is
pl ~ gr~ lTl
is the hasis of
.l3udgot s corllorat1?
store evahmti!;fn
fll ocess,
In ill sec n
proj ect,
We l, sed 1I combini titm OrCelll lI data and
primaI) survey
dilta to / ; stimate the COlrmnml
market share of
Budget
Truck Bental " , well as its
maj or cnmpetitllrs. SUl vey s
were ( OIldm:t" d with mllfe than 1, 500 recent ml;1Vel li,
Th swork
Induded
analy zing com" lexsUfv" y
dlll:.1 nf movers alld
weighting , 1!.pO!lses
to reflect tbe actual distribution or movers
flccorlli1l.~
IU th~ LJ .S, CCIlSI!$ Bm, ., au,
Colorado C
vilRlghts Pred, l.tory Ll!Ilding Sttldy .ln
2001, fur the Cnl mdn CMI
Right>
Olvlsioll. ourvalidatJ n team
cnmpletecl alilrgc
scale analy sis
of
mortgage lending
activities, Th
utJ l/ ly
was one ohix
large
H UB-funded swdies
!J atulIw de, lllle mm.ly zed
and
cmltll)
and Ilwttnar.ca maps
frnm ~ d~ tab" $~ " fhundreds or thousands of mQ l.!< age
10" IlS, alld detcnuilled lmrueds ofsllbprimc j ilndin.g
" nd
p( j tcnti;, l
areas or
pFetlator, rloall
activil) ,
ur d~ H verdhl.5
IlfP-K4301I dg.30
j " " h, ." llry l!U
1:1
00005849
,,"F e:; of
maps
alld
t ab les)
were used
b y
t i le eMl R
g llt sD lv i si on
10 S U C C ~ $ sfuJ ly
wi n la\v su !s med
ag ai n st
len ders mi d
dev e lopers
who, had b een
en !l< lg ed
i ll
preda:t ory
act t i es,
Washll1fJ wlI
S t at e
elq leri el1ce,
7 h~
f lJ owl1IIJ project s
cfemon ,~ Ir:at e recellt
woject ~ X I) eri en ce
III t he S t at e
ofWasl!n g wll:
S n /:lb um$ b C oun t y
Fai r
Housln ,g ,
i n 201Z, aurv ali daton leam con duct ed an
An alys
s cn mped.
men t s t uFai r Housi n g
for
S n ohcn l1i sll C Ollct y,
Toe
st udy
i n v olv en a c n ret ,t rllllo~ an alysi s (race. et hn i dt y,
lowi n col1le, an d d
sab lHt yll ~ cOffi p
ei son
C lfhousi n ll at fn rdab t li t yan d g eog ra!ll
dIst rb ,~ t Qn
of as.i st ed
hOU S i n g ;
a ri !v i ewoflan d use pollci .san d zon i n g
reg ulat i on s;
alll!
an llon lysi s
of
cmn pl l
llt s an d
mort g ag e
len di n g
dat a, II
pob llc i n put process
h\du!lad a resi den t
mt v ey"
a
st akeholt ler
surv ey
llfld
i n -pel son
focus
g roups,
Procuremen t di spari t y
st udi es, Olll v ali dat i on t eam recen t ly complet ed
t wo separat
st udi es ofprn cureman t processes
an d
l1Iat l< et place
con di t i oos for women . an d
lIli n ori t y.oWM(1
b usi n esses for WS IlOT an n S oun d Tr~ n slt li s
part
of each
st udy,
our ,,~ Hdat"n collect ed i n format Ion ab out
m~ d,~ t pl"
C opn lt lt hroug h
st at ewi de alld
! eg lon aJ surv eys
effort s,
"Of t i le S oun d Trall. an n wslcrr d
spn ri t y
st udi es. our t eam cOn t act ed n early
hmldreds of hU S \eS S lli t hroug h
a
t elephon e surVeY
am!
cI,mpJ et en i n -dept h
1l1t erv l~ ws wi t ll
Ml t ldy
100 l1uslhC S (lW"erS an d t rade i lssodat i ol1s 10 di scuss
t Ol lt ":S relahn g
t o
worki n g
i ll t b e S U i t e s
hi g hway con t rn ct i n g i lldn st ry al1drllallen g i i s t o-st art i l1g an d run n lllg .
b usi IU lS .,
Our v ~ li t Iat lofl t eam t hen con duct s a Illn lt lrale si t i .ucal8 lU llysi s
t o
g aug e
me "ffect v cn ess ofMIlEjWlli \ prog rams,
Our v ali dat i on Wan t S r11seardll1as b een
succe$ sfully
u,st ed hi C C U lt an d i s used t o
g ui de
st at e an d loca,
ag li n cy con t ract i n g
puli ci es,
I!t /J Illlmlc model
l9 cmcf/ol lt cl1!1t lll9, 7 1l(/;!aIlQwi N N project s
emollsl ut & eC Qn omlc modeli n f} f;lll forecast i lllJ experi en ce;
ForU :i \l"$ {} 1! Reg i on al
Growt h Model an d l IS $ cS $ mc!\1. I.-. ZOO i l, om v ali dat i on t eam was
cn g !led
!h~ PIkes I ""k
Are~ C O\Ol1ci l ofGO\ eromet lt $
(pI AC G]In d.ev elQP
seri es of models t hat
predi ct
t he i mpact
ofm
t ary g rowt h
011 t lll!
com11lun i t y
(If
g t e,1t el C olorado S pri n g s,
C olorado, Thi ll
v ery
li i rg e llt olerl pt odllced
a
g aps
an alysi s
modelt llat
project s
t he
n eed> forhollsi n g ,
chi ld
ca, ,,,
domest i c v lolel lc serv i ces, selli or .(v i ces,
b ehav i oralllealt h serv i ces, adult eclucat i on . 1(-12
educ"lIlln
~ ro\\ t h,
~ n d serVi ceS for
speci lll
n ee s
pn pulat lQlls
i ln d aft ers,hool
prog rammi n g ,
I Issoci at ed Gov ern lllen t s of N Ol lllwesl C olorado
(AGN C )
!!con oIlli t : IIIoder. 0ur v ali dat i on t eam omplet ed
a
t ump,"
lmn si v e sucluecon ot n i c an d !scal model for AGN C uS
n g
relev an t n at i on al, slat e an d local dat a on econ t >m
{;oud ton s, Ti le li lOdel
project $ pOpU li J t lon ,
sch (jl di sWct -en rollmel1l, ~ mll.loymen t ,
houselwldsan d
earn i n g s,
Our
v ali dat n !l t eaU l worked wi t h
cmn li lun i t y
an d b usi n ess leaders t o dev elopappropri aw "S S ~ lIllJ lt i (HlS
for b aseli n e foreea.t s,
The
resuhi n g
mod"l was
prllv i ded
t o t he C olorado S t at e
D cmog raphy
offi ce for us n fut ure
an alyse.
n fN ort hwesl
C olorado.
.
Valuat i on /J I1t 1
p/ t ci llg ,
The
follown l) project s
demollst fC lt ~ Ill< lrket VQ} t wt i on
(1m/pri ci n g st lJ dy experi en ce,
S oulll TexH_s Wat ~ r Resource Va.!t lllt i ml an d
Pri ci n g ,
Ourv ali dat i M t emu e; 3mi n ed t ht l v alues of sev eral sul facew t er
lln d
g roun d
"",t er resources m t he S an An t on i o
reg i on , These.ssi g l1t 11en t s Ilelped
t heS .n An t on i o Wat er
S y.st l m [S AWS )
prl(J I !li 1,e
alt ern at i v e wat er res{mrce
st rall!g i es
an d
n eg ut i at e
t he
purchase
ofwall r [lg llt s,
We djr~ ct d t he
dev elopmen t
of an hmn v at i v e market for
lei lS i l1g g roun d
wat er from
loc.1l1rri g alors
~ n d ,1dv ;s~ d S AWS an d ot l! t loeal
fIllmi ci pal
wat er
pt i lVt fy
rs: on
pr:t cn g
an d t erms for Leases n d
pet < man en t a-cq ulsi t hms.
Garfi eld
C oun t y Propert y
Value
Allalysi s,
Garfi eld
C oun t ) ,
C olorado. hi .ren our v ldat i on t eam (0 con duct IWI}
an alyses
of t he 1m
pact s
of lllllul al
g as d"v a!opmen l on
propen y
llddev elopmem.
The
st udy
t eam
producen maps
of t he
cot lln ) e< mlj1arln g
t he hi st ori c
g e g raphy
of
g as dev elopmen t
wi t h mm", recen t clri U .ln g , Ij,i n g
GIS i n format i on ami dat a
from t he
C oun t y
1\"OS S O, 5 offi ce, we i den t t rled
i mport an t
at t !i llllt es asso at ed wi t h
propert y
v alu!!
In cludi n g acc ss t D
m3t L~ an d
hi g hways, t ype l} fv eg ~ t at ln n ,
scen k v lev i s, an d
Ill"o,i mi t y
t o n at ura! resource dev elopt n en t ,
011.1 v ali dat i on t ei 1!ll
i n C t l.J "1l0ram
t hese dak1 i t \t o II hedon i c
propert y
v alue modeJ , aJ lowi llg an alysi s
oft he di red llt lan ci ~ 1
i mpact sasst ldat ed
wi t l1l1at ural
g .,s dev elopmen t ,
Rrp.~ 43!l/I"n .
31
Feb ruary
15, lOl &
00005850
11. Staff
Q U I l U fi c l I ti c m s
and
Capabi l i ti es
The
fol l owi ng pages
des c ri bes the
q u al i fi c ati ons
and
c i l pabi I i t
es oJ om - v al i dati ort team s propos edprojec ts taffto
c om pl ete
the
req u i rem ents l l fCaregory
3~ Add\tonal Jy, Otl r v al i dati on team wl l l draw Oi l the
i ! l I peri enc e
and
ac c l l l l l u l ateo data of tnl l entI I I l
pm poSal l l Jam , P ol i c y anal ys t< ; ,
Mc Gowan am i Cohen wi th the \1kel l t"
Sederbel g.
b! .C
team , hl gl l i l ghtec t
I I I Sec ti ol l 15 hav e extel 1s I v e
eXptl
enc e I n
anal yz i ng
the c U eCl s of exc l s e tax l ntl l l aSI ! S and
s m oki ng
prohi bi ti ons on
c l garette
s al es , Cal l el 1l n
partku l ar.
has m odel ed the
l l 1~rl ju al l a i m : l u s try
u nder di l l erc nt s c enari .os ,
predi ttng ptm ! u CI
dem and of di fferent m arket
s egm e11ts ,
as
wel l
< I S the tax reVen~e
that wou l d be aV41 abl e to the
gO\l 1l m m c l 1t
u nder di fferent wxand
regu l atQ l } s tru Gtu res , Thei r
e~peri e! l c ei n "SI n-i ndu s try" regu l ati ol 1s
w add
I el ~v ant
i npu tt
the work of the P rodu c t
U s age
and
Cal l SU 1t1p
n VaU daton team ,
Adl l m Oran$
\d~; i rens js , 1 i i r{ , c tor atBl l e R es ekl rc h &. Cc } l l s u i tl ng~~di l l l l wi l l s .erv e as team l ead far the i m du c ti Js age and
Cu ns l l l npt
on Val i dati on team . Hi s al ~; I S u f
experti s e
i nc l ode
pu hl HnMc e, m l l l ket al 1al ys
s Jnd
regi onal
ec onom i c
anal ys i s ,
He al s o has
experi enc e
i l eal es tate
dev el orl l l l 1nt
feas l bi J
y
3n,
ys i s
au d CG! l l m m er m arket res eal dl . Mr.
Orel 1s has
c om pl ered nu m el OU S s tm : Hes that anl yl .1!
therc l at
ou s hi ps
b.erweel l
dem ographi c s ,
l and
u s e,
eCGu om ! ,
dev eh.l fl l l l Cnr
311d
gov f1l l l m enl l l ol c y, .
Mr, Orens rec ehi ed hi s u ndergradu ate degree
i n ec ol l l l m l r: s ! l om
R u tgers
U l l v ers tyl nd
has a l I l ; ! s t( ! rs
degree
i l l
agrl c u Jtu ral .and
res tl tl r ec c m om l c s from Col orado State
U ni v ers i ty,
Mr. Orel l ! f
den1011raphi c and
eCO! l Ol l l l c res earc h has been.
rec ogni z ed by
the WhU e NOl l s e t: OU I l -U on fj, wl l Otl m enta}
Q l Jrtl l r; y
and the
Was i l l l l ! , ] ttm
P aSt, He I s
pu bl i s hed
I n rhe booJ\ / < j! 1! m tm n R es Q rt
l wm i l l tJ
al l d
Dev el opm ent
i n al l l i ra
al
Gl v l Jal I : m tl ol l and : the
pee.Nev i ~wed jl l u m al
i au ri s m 8 o! l om l t~~ l ! e has addres s ed the Col orado
Chapter onbe
Am eri c l fnI u bl kWorks As s catl ol 1on
pppu l ati rl O
and
i ndl l s try growth;
i m d
trans portati on
and fi SCal i s s u es .
R el ev ant
P l oJec tExperl enc l l
Ec onom i c
m odel i ng
and
/ i ! rec as c l ng,
Mr~ Orens
c om pl eted
a c om jl l l l hens l v e
SOCi O~Cl J1101l ! i al l c l fSCi d I ol
ec a, tl ng
m odel for a c ons orti u ni Ofl OC, 11
gov ernm el l ts
i n l l ortl 1wes tCal nrado
11s i ng
rel ev ant l 1ati om l l , s tateand l oc al di l ti l l l l l
~c ol l ! l m t c Ol l dl tl ol 1S. The m odel
projec ts pl l p\l l ati ol 1,
s c hool di .s trl c t. nrnl tm ent, em pl oym ent,
hou s ehol ds and
eaI I 1
ngs ,
Ml , Oren. worked wi th
c \l m m u l l tyal l d
bu s i nes s l .~aders ro drl l eh., p i 1fl pr< l l l rl aw Jl SSl m l pti ons
tor has el i ne
fOrl ! , I Stl i _ The
res u l ti ng
m odel was
pru v i Md
to the Col oru do Sti l t! ! Dem ography
offl c e for u s e i n fu tu re
anal ys es
of
N! l I tl l wes l Col orado,
Com pl eted two s tu di es forthe Nati ol 1al Tru s t for Hi s tori c P r.s erv i l ti on, The Wi l dernes S
Soc i ety
and Trou ! U nl i m i ted
that
anl l l yz ed.
i l nd
q u anti fi ed
the ( l Cl l nom l c I l enel l ts u fNati ol 1al Monl l m ent
des i gnati on
at
Chi m ney R oc k, Col orado
i l nd R i o Ci I 8! 1dl l del Nol I : e, New Me~ko. The
anal ys i s
I nv ol v ed
q u am i fy.i ng
c u rront v l s
toL s penoi ngac ti l l ty
and
projec ti ng
fu tu re v i ; ; i tor
res pol l s e [al l owi ng
Nati onal MOJI l l m l nt
des i gnati on
has ed 00 c om parabl e
Monu m ents , Th~
.
anal y.s fs I nc l u des
pm j( .c ! Ol l S of di r~c t I ndi rec t and l m l u c etl em nam i c l l nd
em pl oym entJm pac t .
Mr. Orau s c Ol l du < l ~d a. $I nl ewjd~
anal ys
s of how
energy dev el opm ent
wi l l
i m pac t
the s l ~l es
hi ghway s jl s te.m s .
Thi .s
anal ys i s
i nc l u des forec as ts of nntu ral
gal l ,
c Q al bed m ethane, oi l i l nd \I r~nu Q l dev el opm ent
as weU l I s
l arge
s ol ar,
wi nd and bi o! \J, , 1
pow~r projec ts
and c orrel ates
energy dC\l el npm ! ! l 1t ac ti v i l )
to trrtu Spm taU ol l
dem and and
em pl u ym ent.
Dem ( J, fl l ~l p/ l i c
and I I I l l rkel l es ! ! ! m : h Mr. Orens \
! ! v el u petl a c u hm l -wm
pOl l c nl dem q gr~J) hi c projec tl u n
m odel for a
W13~t"m Col orado
COI l I l ! )
fn
res pu ns eW
t ~i .rneed to 11l l det1l ral l d the
i m pHc t
ofu i l and
gas dev el opm entol l
thei r
ec ( m om y~
Thi , m odel .l l l l ( l wed
pl .oners I l Garfe! d
Crl l l l l l y to es ti m ate
c hanges
i l l the l or< l l
] l i JpU l ati OI 1
du e to the
gru wth
and c ontrac ti on of
key i m l u s tnes .
.
I l 2011, Mr. Orens c ond! tc ted 3 s ent e-wi de thU d, yol l th,
am i teon
program
m as ter pl 311
for the Mari ne
Corps ,
worki ng
wi th an arc h te, tu ral
c oos u l .tl ng
fi rm , MI . Onm s
dev el oped
e.tI I l Hl t( ! S of CL l nen! and fu tU f" dem al l d fOfc hi l d
c arD s nrv l tes for v ari ou s
age grou ps
and < I $s ! ! s s ed the
adeq u ac y
of Mal i ne
Corps progr~m m "tl c u pac l ty andl l l al ty,
The
pl ojec tl C! am prov i ded
l efm l l l n! l tl datl ns to s et, l or Mari nes l eaders hi p ni l how to
pri of
trt.e fu tu re.
program
and
fac m ty
i twes tl l l em has ed on the
s tu dy
res u l ts ,
l Wl ~K4311! P agtl .l l
rl -hru tl i l l l
.l Ei , 2H1]
00005851
On an
ougoll1g basiS,
Mr. Orens
provides project
vall.cllltlonassessmenJ:s ( I f
proposed
f aciUtle5 on mi1
tary
I nst1llarJons f oral! branches af arm.ed f orces.
P rojectvaliclat
on 11..sessl11ents
verif y
tlle depth
and breadth oJ
[ lot9 ntialmal k ets bydeI llographic
llnd
psycll( ) gr~ pl1 segments, quanti f y
demlllld, evaluate on- and of f -base
competition,
and
project
nmmcial
perf ormam::e
I ) f new r; ; C f l!lltion, r; ; taU and
C Ollllllmllly
setv I l enterprises
and I l!lI l
prof lt operations on n
litary
bas"",, Mr, Oren. ha!>
completed
over35
pl lJ
ectvalld tion assessments over the-last
nve
years.
Valuation ( Jill; !
pl icing..
Researched the
ctllJlpOnB llts
thut dl ive
housing
rk es ,and J!lsse.ssed the
adequacy
oHlI e
af f ordable
housing
,we\< f orthe
C !1y
of Fort C ollins, C olorado. C reated a model that ( ( I mplI ed housing
costs alld
iso!atedseveralmunicipal
f actors that I nf luence af f ordability.
The model is used to set
municipal hulidillg
nd
I mpact
f ees at
approprillte
levels as to
mitigate
adverse "I f ects on llUus
ng
af f
rdabiHty,
Garf ield
C OlUlty,
C alurado.hlred B 13C to con: ucttwo
lI u!llyses
onile
impacts
of
rJattlralllasrlt!v( ltopl11~ 1lt
on
property
val lies ,md
develQpment
Mr. Ol lms
prod.I L ced maps
of the
count, comp,trng
the hlstOl k
geogr phy
of
gas
d"velop,nent
wI th mom rilcent
drlliin~ Using
GI S inf orlllation ~ Tld dnta f rom the
C Ollnty
AssessOl~ s f lk e, MI , OrC !!5
I dentif ied
mportant
attribut~ s associal l!d with
pmperty
value
including
access to roads alld
highways, I ype
of
vegct<"tt
on, sccnicvicws, and
pmxlmity
to l1atL lrall eSOUW!
developmenL
Mr, Qrens I nC Ql por.ated
thesedatilll1to a
hedOllit
pl opertyvaluf l model,
aHowingllrta!ysls
of the direct f ln311ciaI
impacts
associated with natural
gas
development.
f :dll( atlon
M.s.
Aglicultural
8. Resource E,0110ml<:5, C OI <1f <ldo $ I :lite University.
2004,
f lA Economics,. RlI tgllrs University,
:WOO.
lell Gilmer
~ ; ; I G~ rot; !r,
B I lC
sen
; : O!1sillt. llt, leads marl~
h!1g res nrclJ
pr jects
to-inf ol m dec
s!of l.msk ll1g
I n the
prlvate,n
; ; ::
prn
r
publlr
sectors. She I s a si< cd mark et ~ l1d
policy
researclierwith a
proven
track record f Of Jen~
illg
innovation and i
nsigl1t
to a w!~ e
C lmging portf olio
of
projects.
She lias a high
OI der ability
to
develop, integrate,
assimjlate and
~ ti!rp!,,,t
,Hvars!! 5t.."ams of inf ormation: both
qualitative
and
quantitative
ami is.
strong Slnl!!!gic
think er, hilS e~ alllll1e~ the ecollo!n ill1pact
of J1 number 01 industries ilt the state I I lV!!I , regional
events and
policieS inclnding
child
l"ill-I . ,. walk ing
and
bicycling,
consnmer shows, community
events, and the relocation of a
Forl:tmu 500
com! J1ny s huadquattuJ li.
She
r~ cently completed J1nalys,,"$
of
imp"dlments
tll f air
!tousing.
choice f ol
Snohtlnl sl1
C ounty,
C lark
C ( Junty
and t!te c
tyQrvancouvl!r, Washingtol1,
P rior
tojoining
SHC ; 1119 9 8, Ms, Garner was" r"search ElSSistMt ilt the C entllr ( or Research on Ecom,mi; l and SocI al
P ollt; y C C RES! )
,I t
Univf !tslty
of C olorado at Denver. Thel 1! 511<
perf orm~ d
extensive dilmco!lectlnn ami stati.slical
analysis
nn
projects ranging
I n
subject
f rom
wage
dlscrlminB tion ill the thild care industry
to the correlatioll
between crime and
drugs
I n New 1 01 1<
C ity ( see
"A Til11eSerles
Allal~ sis
of C I me,
J) et8iTC llC e and
!lrug5
ill New York
"C orman i!nd Mocan, American Economic Review, lune 2000J,
Relevant
I l ol"ct Experience
licOlwmj.
anu/ys s. Ms, Garner has
analyzed
the economI C impact
of numerous I ndus.riB s and ev~ nts, I nduding
ch .!d
care. f I lU$ l!um e~ p!l!1sh) !1,
f estivals and conventions and the
C OlTI mlUlily impacts
associated with the loss of a maol
employer,
She
experience wod<ing
~ vitb RI MS
multipliers
and I MI MN l11odel
llg,
She
recently developed co.t-
benef it and
employment impact
models f or
city
of Denver nGI ~ R grantllppllcatinl1ii.,
SWll<~
reSl I 1l h.
Thrtmg!lout
her
qu eel , MS. Garner hilS
desigued nwre L j,an1!l( )
survey
I nstrulllents 011 numerous
topics includI ng cllstomer satisf actic> n, af f ordable and f air
hOll.lng,
child care, traf f l,;
saf ety, Jlrice sc.nsitlvlty.,
des red
reaturL S and amenities.. of inm!
housing redevelopments, partitipathm
I n tl1eatts, health
care, advertising campaign
evah.lili on and n1or< . The c.oll111101l denominator I I I all of these studies is Ms.. G,wner s llb
ty
to dJ!Sign
instruments
thm
pl ( wlde
clients with
survey
results that are
meaninl!f ul
and actionable and enable them to achieve
theirpr<J
ect
llFI -K430/P agc
33
f obnw ll 15, :l013
00005852
u l j e c t i v e s . M s , G ( ! , n c r
has he e n a
! , l 1 c . t
l e c t u r e r an s u r v e yd~s i gn
for
w l de l gr ad. u ~t l !
c oUr s e s at t he
Un i v e r s i t y
of
Col or ado at Bou l de r ,
A l l a( ys i s ,
M s . G ame r i s
a. de p!
I I I a. l l fa e t s Cff
q u ai ft at t v e
an d
q u an t l t at l v l ! n u l ys l s ,
He r appr oac h t o i l n al ys i s
I s
gu i de d
hy
e l l e n ! n e e ds . an d.
f l l n ge s
fr om
s i mpl e de s c r i pt i v e
s t at i s t i c s t o mor e c O I n pl l l X .
me t l l ods . M s , G ame r I s c r e dl t e c l for
he r r e s e ar c h as s i s t an c e i n s t u di e s
pu b l i s he d
i n t he A me r l l n Ec on omi c Re v i e w , t he J O l l r n al
of
Popu l at i on
Ec on omi c s
an d Nat i on ;l l l l I U1 ! ml of~CQl 1 01 I l j c Re . ~" l r h
Wor ki n g Pape r s .
Qw : r l i t ( l t l v e
r e , ~, l I 1 r h, M s . G ar n e r i s an
e xpe r t
fac i l i t at or fami l i ar w i t h b ot h n "adl t l on al
t j l l l l l i t at i V l l r e s e ar G h t e t hn ! <l u ""
an d
e me r gi n g
n l t hodol ogi e s ,
She n as mode r at e d hu n dr e ds affG e l l
gr ou ps ,
b ot h i n . -pe r s on .
an d on l i n e , as
w e l l as
hu n dr e ds
or i l l -de pt h
hn fi "r v l e w s , She i s al s o
ade pu t appl yi n g e t hn ogr aphi c
me t hods t o c on s u me r r e s e an : ]l ,
i n du di n g
r e c e n t s hHi l i e s of how oon s u me r s
n UI / l l r at \ !
an d
Shop
at a J
r ge
b i g-b ox
r e t al l e , r an da n at i on al v al u e -I )as c d
foot w Qar c har n . M s , G ar n e r s s t r e n gt h ! I S a mode r at or $ he r ab
ht y
t o e r e at ! ! an e r l l r l t on me n t w he r e i n d v i dl l l ds fr om
al l w al ks of lfe l I r e c omfor t ab l e
e X pft Ss l g
t he i r
{)p
n l on e v e n on s e n s I t i v e mi l t t e r s ,
He t e n l "
q u
l l t i l t i v e
pr oj e c t s
c l u de :
fac i l i t at i n g
foc u s
gr ou ps
w i t h r e ~as r e s i de n t s
r e gal dl l 1 g hou s i n g
c hoi c e an d t he i r
e xpc l l e n c . e
w i t h
! l ou s i n g
di s c ! i l l 1 l n at i on for t he St at a <;I I Te xas . : e v al u at i n g
i n -s t or e
pr omot i om
s gn age e xe c u t i ol l S
for l n . at ! on al r e t al 1 e r ;
de v e l op n g. i l
r e t a
,
r e s t au r an t . l l n d e n t . e r t al n me n t v l s h: m for a maj or i n . fi l l l e de v e l opmc n t
pr oj e c t
I n De n v e r ; an d
a~me s s l n g
t i l e
c or n m! . l i l i t y de v e l opme n t pr e fe l e n c e s
of
pe r s on s
w i t h
phys i c al
di s ab i l i t i e s for
t he
dt y
ofL. a. ke w D od i l $
par t
of i t . Con s ol i dat e d Pl an
pu b l i c l n pu t pr oc e s s .
Wi t h t he a~$i . t al \ Ce
ofl n t c l pr de r s ,
M s ,
G ame l has r n ade r at ~d foms
gr ou ps
I I I
Span I s h,
Bhl l t a
e s e .
SWi l l 1 1 1 l ! n d I U l l b fc ,
Edl l c at l on
M . A . I l c on oml c s . J )n
v c r . i \ : y
of Col or ado at De n v e r .
1 999,
B. A , l l c an oml e s . Un l v e l "Sl \ : y
of Col or ado at I )e n l / e r , 1 997,
O r . Same e r BaWl ;!
D;: . :w
~j ;; n j i c l l 3 BC1 n 2ooe t "r i :
pf i n g
h~ Pl l : o: l i U;i i \ ;
r ;;i t y ;;fv i i ;g\
i ~: "ffi s
ar CA S of
X l 1
! t l s e I n c l u de
mar ke t r e s e ar c h; dal l l ! l gr phk am: !
ps yc hogr aphi c s e gme n t at i on : q U
I l . t t at l v e an d
q u al i t at i v e
<l at . ,
an al Y Si S; an d
t e c hn i c al
w l l t i l l g. Dr .
Baw a
has t au ghl
1 1
l mde l gr adu
t e c ol H s ! 1 S at t he Un i v e r s i t i e s ofl l l i n n i . an d
V i r gi n i a, pr i mar I l y
l e l . ! l e d r o l ! ! l s E! ! m;h I n e t hods . dat a
an al ys i s ,
n d I "dmi c al
w r i t i n g,
He hu s e xt e n s i v e
e xpe r i e n c e c on du c t i n g
he hav l or al
t 1 ! s e ;l r c n 1 I u t l has
pu b l i s he d
hi s w or k I n i l l l u mb e r of
pe e r . r e v l e w e d j O l l l l l . al s , .
n du d
l 1 g, }ou mu J ofM e n w t y
an d
/ "fm, J j mfJ ~;J Qu m, , 1 ( fl i l <pc r
me l ! t al
f> Syc l w i ogy: Le ar t l i r r , Q. M e mor y, G mi Cogn i t i on ;
an d
l s yc l l Q{o. ! J Y
an d
A fJ i l l fJ ,
Dr , I l aw a I : l as . b e n i n v ol v e d w i t h
mal l y
mar ke t r e s e ar c h a1 1 d
s e gme n t at i on pr oj e c t s
w i t h
gov e r n me n t age l l de s
as
w e l l as
me mb e r s hi p
mu l
n on . )J l ofl t O I gt i l 1 i z at l ol l S, i n c l u di n g Was hi n gt ol l
St at e
De par t mc n t
of
Tr an s por t aton , fr ol l !
Ran ge Cmn mu n i t y Col l e ge ,
t he A s s oc i at i on of 400S an d
A q u ar i u ms ,
t he Nat i on al En dow me n t for t he A r t s , t he
C;l I i for l Ti " Rl l t r e d Te ac he l s A s s oc i at i ol l , : an d DCl w e r Wat c r . He al s o
r e c e n t l y
s e r v e d as a r "s ", ar c hgi ~n t
r e v i e w e r for
t he Nat i on al En dow me n t fn r t he . A r t s ,
Re l e v an t l r ol l l c t Expe r l e l l c e
S~fl me 1 ! t <l t i Qt l I t ! S
<1 r c l ! , 01 , Baw a has
man age d s m r . 1 e ffor t s r e l at e d t o t he
s e gme n t at i on
of di l fe r e l l t
pt > pu l at i ol l S
i n t o di s t l n
gr ou ps
b as e d 01 1
s l t 1 \ l e y
dat a as w e l l as de mogl aphfl :
an d
ps ydl ogl apl J i c
i n for mat i on . For
e xompl e ,
Dr .
Saw a
r e c e n t l y c ompl e t e d
r e s e ar c h for t he Nat l j J l l al l l l 1 ( \ ow me l l t f r t he A r t s t haI e xami n e d de mogr , \ phi e
ami
s yc n ogr , l l > hi c
c r t ar ac t e r i s t i c s t hat
pr e di c t e d par t i c i pat i on
i n t he l i ft s
t hr ou gh
v ar i ou s ~l e c t r ot l me dt a, I n addi t i on .
Dr , l l i l Wl l i s
c u . I Tc n t ! ) l c l l d n g;1
r e s e ar c h
pr o
e c t fon \ l l at on ~1 s hoe r e t ai l e r i n w hi c h he has
de v e l ol ~d
a
s e gme n t at i on
mode l of s hoe
s hopp. e r s ,
Su r v e y
r e s e a/ dJ . Dr , aaw a h~s he e n l l / ol v e r ;l w i t h l I Ume r O l l S
s u r v e y
r e s e ar c h
pr oj e c t s
i n w hi c h he
mal l <l l l e d
v ar i ou s
as pe c t s
of
s u r v e ) de s i gl l .
d;l t i l
i l l l l l l ys s ,
i l n d t e c hn i c al
w r i t i n g,
He
t ! l c e n t l y
c on t r i b u t e d t o
s u r v e y de s i gn
. an d dat a
an al ys i s
t as ks \ l l l
pr oj e c t s
w i t h t he A s s oe i . on of Z1 1 0S an d
A q u i l l i mn s ,
t he ! l as t -We s t
G at e w ay
Cou n c l l of
I \ FP. K43 0/ Pn gr
J I
Fe hr u ar ~ 1 5 -. Zn 1 3
00005853
Governments,
and the
City
of Boulder, Dr, Bawl! also I ec ently
senfed as the day-to-day p roj ec t manager
on survey
p roj ec ts
with Front Range
Community College
and the National Endowment for the Arts, As
p art
ofbotll ofthose
p roj ec ts,
he took the lead on all
p roj e
t tasks, I nc ludI ng survey design,
data
analysis,
and
wriling
the final resear
h
rep orts,
Q ualitative
researc h, Dr. Bawa has c onduc ted man)
hl.dep th
nterviewsand foc us
group s
for
p ubllc agenc ies
and
nO I l lll oftt organiz ations. Top ic s
have inc luded satisfac tiol1 with membership p rograms,
p erc ep tions
abolltloc al
11l< I i ketp lac e
c onditions and
exp erienc es
ofre!l c d
p rofessionals,
Dr, Bawa has help ed develop
several in-dep th
interview and foc us
grQ llp
disc ussion guides
and has served as lBad data
analyst
and author O il many qual
tatlve
resean;h l" t!llorts,
Rec ent p roj ec ts
I nc lude researc h for the Burnanl(.Clendale.Pasadc na Airp ort Authority,
the
Washington
State
Dep artment
ofTnmsp ortatlon,
and The Denver Foundation,
Educ ation
Ph,D, < lnd M.A., Psyc hology, lllllve. s!ty ofV irgiu!a,
2006,2006,
B.s"
PSJ lc hology,
University orminois,
2003,
RFP-K43ll/I .go
35
I ~ [ bntary 15.2013:
00005854
n.
Approach
and
Methodology
All
woach. fhe State of
Washington
stated three
ohject
ves u nderC lllegllry
: > to validate prodllct u sage
and
cO inSu lllptiO ll
liS part
of I n.i.tiailve SO Z
( H i! ! : ! ) im p! em ellt- atioll: {l}
eSUlnte creatltm lll, m e, ll 1 atld tot..1 m allju ana u se in WiJshington
Statl! . by C ou nty; ( 2) project
the am ou nt < lfm ari) u a1 l3
needed to siltisfy
dem and; and
( 3 )
estim ate
legal m alijUlI na pricing
com pared
to
1 J, evailillg
blad{ m arket rates.
When conSI dered
togcth.er,
the State has as< < ctl forth~ C O tlsttltant to define anti
qu antH y
thlf cu rrent and
post.I egallz a!
on .
dem < lntl.~lde ilnd
su pply.side
of th.e
potential m ariju llna lI lilr< < et ill
Washington
State; and provide pricin! !
e.tlm ates given
the inten, I < ! d taxation idelll fl~o: l ll tile appl! lV ed legislation.
, here are a ! tost or factors to C I lnsider when
prolectlng
the
effects oFl, S: 02 alld the transition of m ar
ju ana
to a legailz ed com m odity, ExiSting m arijU< lu a
UBe: USI n pri, , ~ sensitivity.:
I ntended ! : aMatlon
policy;
the.
regnlatory "! lvllonm ent; and
changes
in
produ ction
scal! > ltndcl;fstdu e tlegaU..atiO l1
e aU
fll: tO l: S tha! m u st be conSidered; as well asillcrcases ill convenience, availab
ly
and societal
acr~pt.ance.
H i02 ends the
legalpellu lties tor
growing. selling
and
l ilss"ssing m arlj\ l~n;~,
llC llllom l.c theu ry s\ 1 & llest: s
tlllu here is a risk
prem htll1
bu ilt illto ihe cQslofblack m arket
m arliu u ll8, 1 , "galiz aU1 l1 1 .is u pected
1 0 dec..ease
groW1 Ug1 illd
distribu tion C Qsts
and related retail pricing, Repu table plfldu ctlon O pm tUO lli
in stlte~ wilh
lelaUvely
m awriS m edical
m arjju ~M iodu stries,
su rh < I S C ololm ! o, connnn tlle assertions in the econom ic literatu re, reporti! lg
decreased
produ ctim u C lg! S
du e to
ocenom ies of s ~le; t.cllllu logic~1 hTlpnI V em , m t;
< lnd the
~bility
to.
( ! pel1 l~ lvertly
withon! the f~ar ofarrest or .seiz u re.
These f, Ktors.nd their effect all the
prke
oj ""m m erda!
m ariju Ana
will
H kel.l"
in tUrl1 , inO u ence the
qu a.ntity
or
m aliiu alli1
dem andcd. ill the
m arketplace.
O u r
analytical apll! oadl
is
clestgl1 ed
to b~ al, ltb litaUv~ am i
prac
caL I t dr~ws ol1 lhe m ost
"1 d.~y
~sed datlJ sou rce. for
m ariju ana u sage [NatO l1 l1 lSu rvey on
Dn! ! !
Use am i
H ealt1 I J; 1 I , e5
dem and
adlu SlI iU: llt
te hn! qu est\ lUed
from recent
stu dies perform ed I ly
! .he RAND C orporation,
the C AfO I nstitu te ~! lcl H ~rvar" Unlve! S
ty,
m odified folt1 se 1 1 1
Wa~hingti;Jl1 ;
and it draws
u pon flxpeMcllced m ariJu ana ndtivati! > I I . processing
and
retailing proJt., .iollals
01 1 the team t dedve
su pply,
yield
am i
pricing
estim ates, Mem bers of ou r team are cu rrcm lyactlve
in
produ ng am l.provlding
.m edic! ! ! m ar m m a l six
stotes.
O u r
approach
is lllso inform ed
hy a
pract
~al 1 1 I lder.tm nlii1
delllographic
data
sou rces,
", ~on"m k
m odeling techniqu es
and theI r
pl<
cticall llitatiolI s ill
pol.cy applications, Any cou su m ption
"aManell m odel
I r"posed
I fI the WSLC B I S*, I )
abstr~cti( m of
reality
and tlll.S
only
as
sirong, ;s
the
u nderlying o""u ll1 fll:
.m s, tin
m ! , ortant
lacetol ou r
m ethodoloilY
is
S"1 1 SI , , , lty Mla.! ysis, .
where m a or al1 alytical assu m ptiflns
\ vi! ! be tested
"! 1 dpreset, terl
to the WSI ~C ! l tQensu re the client
lI m lerslancls the
likely range
of
potent! "1 cO ll! m m pt.ion
and
pricing
in m latil) ! 1 to ou r disclu te estim ates. O u r tMI ll of
seasoned econu m lc and m arket researdwrs- .and ~lI rrent nledicalnlarlju ana indu stry professinnal_pr pflS~$
a
to"> lI lSpi1 tent
and collaborative
jllQcess
whele the WSLC B will
participate in. or be aware of
m ajor nalyUcal.
dedsions or
assnm ptions.
O u r
approach
is bothacadm n! cand
pragrnatic, u nd willlllovlde
the WSI .C B wltll tile
anthority
to
im plelllent
actl! lI lablepnbH c llo1 h;y.
MethodolUI ! Y.
The
di..grJJtl1 O il the
followm g I JH ge
m "stm tes the tO llsu ltam team s
proposed m ethodology
for
com pleting
tlte
tequ
let! leI lL~ of
clitegnry
3 . The
lI lelhndology
I nclu des a qu antiflrat
O rt oC cu rrellt dem and; a
process
to estim ate
legali% cd m UrtlUilflil produ ction. processing
and retail cosls, il projectfrm
of
! lostJegal
z at on dem and and"
process
to
calcu late
growing
volu m e ! lnd
yield. FollO WI ng
the d
ilgr~m
s il discu ssI on fir Unl
requ ired
caku lat O ns and
proposed
data
sou rces,
1 < , C , , ["reM u ser estlm ale. Tbec( lnsu ltanH cam intends to u se toe m o.t recelll Waslrington specific
state level
m arI ju ana u se dnla from the National
Su rvey on Dru ll
Use qnd H ealth [NSDUH l,
We I ntend tn u se the restritted access data
s, , [
( fH ) ASj
tnilt allows for the 1 1 1 0st detailed
appu , 1 ;i( J, tm em
to stllm ate
m gions
and
Plltennal
ror cros5- labu latoll by age
grflu ps,
We w take thO st gtate
regional prevalence dala
alld
apportion
that to cou nties
W.
The NSDUH also
prnv
des
data
ol1 lrelUellcy
afu se that will allow far the
segm entation
of
m ariju an
u SErs ( Le.,
D c~$ionilt regu lar, Gte) (.
RrP.M1 I lJ/ l1 1 g.3 ! l
Pblu "Y 1 5, 201 ~
00005855
F i g u l e
1 . I r o t l l . l e t
Usag e
and
COl l su mpt i o n
Val i dat i o n
Me t ho do l o g y
~ . . . .
L
CQr nt nl
m~ l \l an l l U~ B
".
!. dl ". .
l . l j
~
o G
G
01
l r ; . t \I ; l
. ~ d~ \l f f 1 j l l I On$
Pi ant .
I t Pe r SQl !u l
u so B pe r yF r Jr ;
. A"
l ag e
I n; t r i j u ; t u a
u se
pe l pe r so n pe r ye aI
I s . wi Uabl e
f r o m a.
V< I . I I Ct y
o r SOLl r ce s I ncl u dI ng
r e c"nt
st u di e s
by
t l l " RAND Co r po r at i o n
1 1 m! t he
Ul l l t u t l Nat i o ns Of f i ce o n Unl g J!
am! Cl i me
(UNOI l C).
r h~ UNOt l C
f l g nr e s. , wo l 1 v al 1 abl , " hy
I I S?f se g me nt .
Th
I l o j o Cl l e l l m
wi l l u se
. v Thi l abl e l i t e r at u r e t o d~ r r v e an. l l i l t l ma!e
by
u se ne g me "t f mt he
mo de l . The l i r e ", u u r e
r e v i e w-wi l l be
sl l ppl ~ ~ l I e l !t . : , , 1 by pr o )Qct
t u m
e xpe r l e nCf r
!1 t I l e di < : al
mar i j u ana r ct ai Ung
p
r at l o f t s.
C. C l f r e n! COI l S, , , "pt i W !. Cml l b. i l l i l 1 g st e ps
I i 1 5 <
1 3 l e l ds CUl T, mt Ul i adu st e dco ns
UUl l t l o
n u [
mat
j u ana
I n
W l t shl ng t . : m.
cu r r e nt
c() !1 $ U!l 1 pt i ml
", UJ he av ai l abl e
by u se r
S~ g l "NI ! andr o u u t y.
f I l e
prj e t t
I : cam \ l i l l
wo r k wi t h t he W SLCB t o de v e l o p 0" , ; sl i mat "
o f I he nu mbe r o f cu r r e l l t me di ci nal
mar i j u ana
p~ l i cmt s g i v e n
t he al >se m: e o f a st I l l e
l e g l st r
t l
l l pr ng l l l m.
f he
Mar i j l l ana Po l i e y
Pr u j i l cI I e ce nt \y
e st i mat e d abo u t 1 00, 000
me di Cl l \ mar l j u u M pat i e nt s
I n
W ashl l l g t o t l ,
X
US. Jl i l !r
, . . , t l l l )
!
~ ,
i t Y f nl l \t
mu u mpt km
p~ f )1 !!; ar ~ o J] i j
!
[. 01 !. !. mand
. ~ !Y SI I I l ~ o t
I
. . . . P"" . , , . "
I I
"Pr t < *~ J. u t i dt y
--=~ "
Adl l l i t ~ ~
co nsu mp-t i o n
""r ye ar l o ~ f ,
", , t . o l . g ~ I I > l l o n
l \~ , , w
1 } ! i ~ i i F cr . Mt aI W cl , { f r ~ i
! "f ()i I < !1 r
. Mat e t i o l l k
. i i t !r
~ t l ~ ~
.
R. e nl
.
t Uf \I P ~ "Ut l f l
~
f t t 4 Jl t
.
W r hu . d
. 2S% n t . i !. l H 4 : t
* MJl [t I MI ~
.
nl i : u : l t
. t l t Th1 i m\
~ f U1 i l
.
l r , Ju l Jj i t nf W t i nn
. l t ml t
.
i Q i I "# r ht 1 i l
. 2S *1 !I : t I H l l
.
M. t l / . t i ab
~ l i !H H
. i . I 1 !Ji f hs
Re nt
.
f r i l 1 ~ paf t at l o (l o
~ l >>t o 5 t
~ Ol l t l f Jl I d
~
2$ -%1 !J< < : i u UK
. . l !Of al 1 1 l ~ . t ~ a)[
OJt l l Par (t
""
Ol ack
mar l t u t
p, r w
f l . I r o d!w!i o l l .
pt o ce ssi f l t /
ci l i a "e , ai l co sl , Ou ,
l e am Cl f mar i j mma 1 , , , , l u ct i o l 1 , , pr o ce ssi ng
and
r e t ai l l ng pmf . ssl cJf l al s
wi l l
!l , . ""Jr l "
I sl l m"l e s o f t hr u m cu st , 01 1 "
po ,
o u nce basi s, Tbe Smt e s e xci se t axe s, l o cal sal e s l aX~ $ amI
o t he r
r e g u l at o r y r e qu i r e me nt s
wi l l he f i !ct o r "d . nt o r he co st : ; , Ti l . C< l SI S w be "f u l l y-I Qade d" I ncl u di ng
al l
r e l e v ant co "l l npu t ,
as
di spl aye d
i l l t he
< Uag r at l l . / l ppmpr i at e e st i mat e s o r
mar ku ps
wi l l be
i ncQr po r at e d
t o d0r i w t he
e xpe ct e d
f u t u t "
pr i cco f [cg , , 1
mar i j u al l a.
: Jl . 81 o < k mar ke t
pr i ce wmpu r
. wm. 1 1 , . co nsu l t ant t e am wi l l o bl "t n
, ml l t i pl c" t i mat e 5
01 i h" cu r r e nt bl nd, mar ke t
f i de
o f
1 I l 1 l r l j ""I l : l , Po t e u t l al so u r ccs f o r t hl sl nl o r mat i o n i ncl u de l a " Ol l l o r ce me l l I pe r smme l , dnl l !
t r e al me nt pr o f e SSi o nal s,
t he l \I : l 1 1 UH
aM
I nt e r ne t pr
e
5 U1 VI l ) S [I . . . , l I l g l i
Ti me s:
l r i c"o f we < !d. co m). Co mpar i ng pr o j e ct e d
f u t u r o
l e g al mar i j u ana
wm al l o w t he
W Sl . CB t o de t e r mi ne !I l l si ze o f t he
l l l i . ", di f f e r e nt i al anr l
de t e r mi ne t ho l i ke Uho d o f bl acl ! mnr ~ "t 1 < I 5 ; , t "o c. .
I . Oe ml l ", J
adj u st me nt s.
W he n I . S02 i s
i mpl e me nt e d,
we !?x ~ t : t pr o du ct i o n pr i ce s
t o
dr o p
""da
co r r r u l : l Ondi nl l ncr e o , .
i n
C"l l an .
The r
spo I l Si VNW $ $
o f o . l e mi l ndt o
pr l C0l s
kno wn a t h" pr ke e l "st i c!t y
o f de mand. The
pt i ce
di f f e r e nt i al he t we e n
st e p
1 1
and
st e p
I E wi l l be u u d i l l t hi s cal cu l at i o n. Se Ve n!l st u dl e s t l 1 at e st i mat e t i l e
pl i ca
e l ast
ci t yu f qe ml l ml , l u cl u dl l l g
st u d I e . i l l
Cal i f o r ni a
[Ki l me r . e t . aL, Z!l 1
]
mnl l l u st , al a
(Cl e me nl l l j l l a!1 al . 1 999} ,
, v H I l , " u se d Co
l l o du ce ml
. . t i mac; : .
Nu n. pr i ce
e f f e ct s
I ndu dc
pu r cha, "", by
o u t o f st at e r e si de nt s;
e l l . , . r e mo v al af t h"
"st i g ma"
o f
i l l e g al i t y;
" I d t ho addl H no al "o nv o nl cnco < 1 1 1 a
saf e t y
o r
r e g u l at e . mar i j u ana,
whi t h ar e . xpe ct e d
t f ; hi Cf f r aS"
u sag e .
Re scar e !; co mpl e t e d
i l I l t he
I !, pe r i ct 1 cc
o f t he Ne t he r l al l ds wi i ! I nl o r m
t hi s "st l l l l a!" { Mact o u , !, 201 0)
a
l t hi l u Sb 1 1
1 I 1 l > wl cl e l y
f r o m 5
1 00 co m
t o 4 5
pe l ce nt
l U t he l I I e t al l l c",
G,
Ar l i u st e dl i e m, mt 1 The
de mand
adi u st m~ l l t s n
st e p
F ar c
ap
H e E O C t o c~ l cI l Ja!"
""", e t ! po st -l e g al i zat i o n
de mand
f u r
mar i j u au a.
I he co n, u l bnt t e am wi l l
pnl v
: !e t he se < I < "t < 1 .
"l "XH l nt y.
W e wH l
e ng ag e
t h
Re g nl at m1
t e am t o mu st r a, , , t he
, , 1 1 " 01 $ o r
r l l !l l l !at o r y
t Ci I l "i de r dt i Ol l S o n
pr i ci ng .
de mal l d, di v e r si o n and hl ack l 1 1 ar k t pi f r si st e nce .
H , } i t r l d
assu mpi f l 1 I 1 S,
The
e xpe r i e nce d l u ar i j u ana
cu f t i v aH o n
BX} }
l t s o n t he t e anl
wl i l l l [o v i dc yr C t d: assu r npt l . o : ns
t o
", st i r n. I i ! t l , . nu mbe r o f
pl ant s r e qu i r e d
t < J
sat i sf y
de mand,
Ou r t cmn i s
e : \p-e r i cnccdi n su r v e y
-r e se ar ch and can 4 l i s: o
su r v e y
t he
pu bl i c
t o o bt ai n i nf o : r mat i o n o n shm: f t u r t n f t nd
l o ng t e r r n
u sag e r e spo t l s0and pr i ce s~ l 1 sl t i v l !y
I e ; I ~ S02 I f de si r e d
by
t i l t > W SI . CB. r i l e t " dm "
pr o v i d.
t hi s 3. u v al u e -adde d se r v i ce , whi < h
CO" pr o v i de ", t i ", , """ o f
PO!"l l t i al t e mpo r ar y u sag e "!, i ke s
i l l t he
pe r i o d i mme di at dy
f o l l
wi nl l l e g aJi z, 1 t i o n,
I t f l . !(. \3W I g e
37
F o b, , , , , , )
1 5 , 201 : $
00005856
CATEGORY 4 -
-
PRODUCT REGULATION
13.
Ability, Capacity
tlnd Skills
a, Experience> with St< lt1! , l( teal or Federal
goven
lllel1t
processes
lllld
jlmcedure$;
and
b,
Elipel" iel1cf !
III cr" < lll:
l1g sysUlm regulations.
QUI"
f ll" Oq vet regulatioll
tcam consists or
multiple
members with extel1S VH
experience
and
applicable
skm sets
in
prmltlct rl~ gtll;nlol lllcludingexJ)erience
with Stlte., I" eal and hdef al
govunmentplocesund prllcedures
f ill
lll< Iilu n< 1 and otherlndu" tries os < lul. Our {" mts led
hy
~
r" gul~ t{HY ;l.ttomey
and hls lntl anti Includes
I)o)f ey
an~ ly" ts, Industry
COl1S1.lltants and
operators
as ol! tlined In Sections 14 .l1cl His f irm as over a
di! cade of
etllllll.latlve
experie: n.ce inl1lgulated marijuana
markets ~ $ well as other
regulated
nvironments includIng
real e,tllte,
f jnancial transactIons : lml bQllcllssuance. Our learn lead
regll! ~ Ily
meets wlth< ll1d a vbies the Merlkal Mar
jmma
B llf oIPz uw.! 1t ! llV! S Ul, Otllllgulalory
issue., Pour of oW prQdltCt Illgulatlonlealll
membe,s ate current members of
Culmado, MM~ n medical
m< \ rijuilna advisory
committee. rwo memh" Is have b" en 00 tills tol: rtf l1itt~ e sirw lillO,
Thj~
grQup
~ sslsted n tho
craf ting
of Coloradns
original
medical
marljuam! regulatIons
and conl: lnueto w! Jrk on
rewmmendcd u dates to these rut! JS. One of these members also
served as;a
memUeron tli" Coloradu Department
IJf Healthand Envlronmeuts medkal
f f iarljutmu
dv
snry workgroup a$~ lstlltlg
in the crnf l:
llg
of rul! ?s
surrounding
hmue cultlValhm, physician
rllles and commi! lrc! al mari uan! i
waste and wat,,! sbll1 ards, Our
tmllmhelpe
to craf t
Colorados Rrst set uf
regulations
f or the
marijuana industry
lUld amti! ltl~ to be involved
.in tIleinevlsh: ms
induding
proposals
f or revl~ ed
productlon rep rting
and
inventory
~ ontr! l15 .
Additlall~ lIy,
our ( ltlsultants assisted the
Mlz tHlll
Department
of Health in
esign Ill!
its
applkatlollllnlce.s
f nr
dispe! lsar
es,
Providing adViSOry
l" " rvices to ttOZGIlS of
compa! JiI~ s
and.
reguhltory
bodies, 0111 team has mallyyears experience
in
il11111.el.< ; of the
11131lj\ lan Industry
i 1\ J;!
ding cultiVation, ll1anuf attw]ng,
distribution and
allcHlaly
busi.lle.s
opelatlons
Ilnd uudcl" ! >tand till>
.I,egu! attlry
needs of each
component
nf the
system.
OIW cQnsllltilntilnave
ojleraWI: i
111 Arlz onu, Rhode Island and tile District urColumoia secure operating permits by
Mv
gadl1g
the
complex
< lppllcllt
M
systems.
Our t ul11l11emb,,,,,, ! lave h
l)ed
craf t
regulations
In
rrmlti! )lestate>i lnc! )rporat: ! ng
rules rural!
f unctions aJeas
IndmHng: organiz ational development, toning compliance, staf f ing
and personnel, training, f acility
.Iaymlt, Inventory COl1twl, f lf Ordkeep,lllgand reportlng,
f inancial
systems, operating pmcedures, securi,ty systelns,
cultiv tioll
operlltions
and C\ l! ltllmer educatlOll and
support
Our tealll has p! ~ dctlcal experience
in
operations
11\
multiple jurisdictions
within
multiple
statewide
regulated system,. Including
lOllr of the f lr&t
operatws
In Co! ormJo,
Ullr team l< llUW$ t rst.l1l1lld how
regulation mlJl\ cts Oll
ratiolls. in
part ular, rIn.! ; memher f ollr
operations
team
spednliz es
in
rulemaking
and l1est
practice,
She hilS heen
en~ ged Ill
tllree uf Co! ontdos associatIons tu work
10
conjunctloll
w thmemOErS of ollr legal teatn toreCOIlllllend
practical changeS
to ! vIM/m. rumnr rules n order to
achieve a more ef f icient medical
marijuana s,ystern
f or
operlltors
and
reglllattlls.
Two members of QUl regul.atory tE[ JIl1, including
tile team lead,. are memlHlls of the Governurs Amendment 64 1a.h
Force Work
Groups lll< lklng
relevant recomlllcl1dath: ;ms to the ColQrado General
Assembly
on
legislation
f or
ill1plement.atioll
of CulQrildos adult uSjllaw. The
eegulato.ry
team lead also serves as C( ICna

of t! ! e Amen rlllmt 64
Task Force
ConsumerSllf e~ y
and Soc! allssue. Wrlrk
( ;ro! ! p.
Ourtemn5 have advised
operators
in Colorado,
Washington.
Calif ornia, Ariz ona, Connecticut, Vermont, Rhode Island, lJ s rkt of Columbia and MlIssacho~ etls, Tbeu
national
experience pruVides
1111 extensive
knowledge
hase of
mari)uaoa
law.
plllcy
and
~ gulat: ion
in seVeral states.
Ollr
legal
and
policy
team n1t~ mhe]" , were
prim< u)lIuthurs
of umt1l11ent 64 ,. whkh establi.hed tne 3dl tuse
sys~ em
in Calorado,
Olll- pollcy
tcam! l1embers have worked at thc.local, state and rlYdlYrlll levels 011 mariJu,ma.relnted polky
i5 SU~ 5
ranging
f rom local
.z oning
Illatters to f ~ dernl h,ll1K ing
law.
Collectively. they possess
more than a
doz enY! Nr5
of
experience
in
marijuana policy
lit rim local, 5 ! aI;e allLf edet~ lleve! . Our
polIcy
lead 1$ une of th~ leading. f igut
s in the
! lJ( Jvellwlll to help
the ! Jellted States t.t" < lns tiol1 f nJIl! all unregulated, cllmlnalll1arljullml
marl! en" one that Is
l11g
lated, taxed, and contrulled, He is
lllm~ tely
iValved in the Am.emllllent 64 lmlllem
ntlltlot1 ~ f f ort
oveISe,>ing
Ihe work nf lhret
p;l
f cnIlSl1hanks and
wOI" I~ hlg
with
m;my
\ jth~ r lld v1dllals Involved in the c rrentf ask Porce
f lPI.1( 4 3U/Pnge
31t
Feb" " < : \ , 15 , 20U
00005857
process,
He
engages
In conversations on II
daHy
basis to
help
determine which laws and
regu lations
wil. l1 1 lost
ef f ectively shape
the new
indu stry,
He doe. so mindf u l oHhe delicate
balancing
act between f ree 1 1 larketconcem5,
pu blk saf ety
considerations, and the
strong
interest ill
preventing
diversion of
mariju ana
ou t of state,
which cou ld
trigger
f ederallnvolvtlmcnt and threaten the
progress being
made in the state ami the natlon.
Ou r
policy
lead also advocates in
Washingtol1 ,
DC OIl behalf of . .
mariju ana polley organization
and a national
lIlariju ana
trade
orgal1 izatiol1 , Throu gh
his
representation
of this
u niqu e indu stry,
he has
developed deep
u nderstanding
of f edera! tax and
banking
laws
af f ecting
its members. With
regard
to the lalter. he
recognizes
that
.
changes
in the laws and
regu lations af f ecting
f tnancial institu tions mu st change
in order f or the stalES of Colorado
and
Washington
to
pl oped) ! regu late
and oversee the
Indu stry
and to ef f iciently
collect tens,
lrnot hu ndreds. of
mHlons of dollars Inlle", tax revenlle aI1 nu all) !,
Oar
policy
team also
brings many years experience
in the
regu lation
of so-called sin-indu stries
inclu ding gaming,
tobacco and ,tlcohoL With this
experience comes the realzatlon that the
pu blic policy
of tnese indu su les is dif f erel1 t
f rom that of other C. Qnsu mer
goods
in that there ;we cettaln social cost~ associated with these
proQu cts
and
indu stries, as well
as,
certain costs a. sociated with prohihlt
Olland restlictioll of tllcse . Indu stl ies.
I< nowlet. lge
of
these Indu stries allows OUl
policy analysts
to recommel1 d that the vari. ou s
grades
and
qu alities
\ If mariju alla
do not
allow f or a silllple regu latory overlay
that
may
work n a less varied l1 1 arket su ch as toba o.
RFP-X430/Pag.
:,9
I eu ,. u ary 1 5. ZO!:l
00005858
14,
ExperIence
in PIIlduct Regulation
As detal!ed extensiv ely
in SectioJl13, QUI t"am members
posseSS
deClldes
ofemnul.!!."e directexper
ence in l\
medical m.arijUana regulatory sy stems
at the IOC .1 and state regolatmy
lev els, Our tt;am
memhels hav e heflflll
crudal
part
of the crl! ting,lmplementlltioll
< tnd rev isions
of Cololados extensiv e
medical marllll1l11a. sy stem,
Additionally ,
OUI
regulatory
team memberS hav !!
experience
in utileI regulatt;d
industries including gaming,
tobacco,
alcohol,
herb,!1
products,
toll road., real !;Stat!!
~!1d fioanc i transactions.
Most recently ,
two (Jfour team memberS
"I"e named to the Amendment 64 Task Force and Work G ruII,"s responsible
forcr< tftingleg
slatv e goals
.< lod olaking
recQmmendath:ms to Colorados G eneral Ass!!muly
an the
passage
an~ Implementation
of the adult \ 1se reg\ 1lated
retaIl marijuana sy stem
laws.
0111 ent re tl1am has extensiv e experience
adv is
llg
and consulting
in multiple regulated
medical marijuana
states, As
opentors
and adv isors to
cllel"ators
in these regulaood
markets, we hilv e extensiv e and practical
knmv ledg~
uf the
effect of
regulation
ull an industry
as well as th~ enforteab
ty
lIf certain leguhltiol1S. Hav ing
first- hand experlence
ill the first sy stem- wide regulated
medical marijuana
market, we
\ Itlderstand the strengths
and weaknesses of the
sy stem.
Our team memllers experience
in crafting
cann.allis standards For the American
Herhal Products ASSl1datiofl
giv es
out team knuwledge
about health and safety
conCIlI.tlS
.alldsolutiotls n ddi.tion to r knowledge
5 1l1TUllnCtillil
sy stem
div ersion an~1 uther law enfOlCemeOlpl
orltle:>, Our operations frxpericnce
in all facets ofm.rlju< llll1
products giv es
us a COIlI!!I!!!>
understancUng
of all
aSjlecl:
of the industry
from CU!tiV,ltOl to distrhutlon. We
understand the
regulatory
IIeeds of each
st"p
of
product
manufacturing, packaging,labeling,
transportatiun, testing
and sales
processes,
Our
policy
team members hav e uniq ueexjJtliem:e
In the areas
where Pe ereland stllce law ccumcl res\ llt!nll
III
dimcult
regulatory
d
emmas, such as the mari uana industry s inability
to secure
traditional bal1kingand fll1~l1eing,
Our
policy
learn
has worl cl directly wlthledernllegislatols
and the I aides 011 the dev e] o!,lllent
ofth" Small
Business Banking Implov "ment
Act, \ ov lll! iF
passed.
wauld resolv e so",e
or the financial trall5 action tracklng
issues
facing
THE; WSCLB. The mbined
expel
ence of our team members prov ides
a full
spectrum
comprehension
of
local, state ,1 nd 1ll1tion< ll issues surrounding
the
marijuanll
industry .
Our legal, OJperatIons,
policy ,
best
practlce
and
ilIlaly tks Bxperlence
has helped shape
the medical marljm\ M sy stem
in ColQrado alld flatlol1~ny .
Our extensiv e
mlwllrk.of i nduswy expells
allows 11\ 11 team 10 draw on
the IOlowledge
and
< ,xpetience
of hlln(!reds of
operators,
regulators
ilnd legislators nationally .
In addition 00 our teams direct
experlellce
In
lIlarijmm regulation,
om policy analy sts
hav e decades oJ
experience
in
regulati;) !!
oj
gaming,
loha co and alc.ohnl
bringing
the elCperhmcli1
ofpoLiLjImaker.
ami
regulators
tu
mnriju.ana
regulatioll,
Our "sin industries" ~peciaHsts
hav e
published
to on!! Inmdretl articles in v arious
academi.l:
journal" l1ley
hav e
pracUell1
experience adv ising
rrmlt
ple
commissions aUd board. in these industries, Their
cKperience
in
gaming.
tobacco llnd alcohol allow them to cOl1>< ;itler multIple
facets of
regulatol1
decisions including
ir.deoIT. betweell cOllt,ull
ngtoTlSlllllptloll
and use, mlllhnlzlng
the black market and
g"ll.eral1ng
tIlxes and fees. Our
team bas
uniq ue experience
assstiltg poUty makers
ami r
gulators
with selecting
the ((lIT ct mlxofpolkles
to
cOlltrol societill cost;; fIolll
gaming,
tobacco < lnd alconot while respectinll
the liberties of their citizens.
!W!- K43QfPage
44l
r.brua,y
IS, 2013
00005859
15. Staff Q l l al i fi c ati o n s ; m d Capabi l i ti es
Whi 1~ o ur team wl Il d l l l W Ol l
the l l tl r~
&pec tl um
o f o ur team s
experi en c e
fur
reg i l l .to ry
rec tJm m el l d atl o n s , o i l r
prm ary Pri Jd uc t R eg ul ati o n
team m em bers i n c l ud e:
4fn m tAd vl s o rs
-
G el l ! ! l l Il Al :\ vl s OIY Servl c l l s
41ro n t Ad vi s l l rs i s l eeri l y
Krl s
Ki l Il 1! i td wi l l
pro vi d e
ad vi s o ry
s ervi c es fo r pro d utR eg ul atl o n ,
l ( rl s 11~S
pro vi d ed
c an n abi s tl
l i pen s 31Y
Cl l l tSl Il t! n g
i n m , t
pl e
s tate, s i n c e 2010. In 2011,
he s e.rved as As s o c i ate Ed i to r /l ISe! !
Chi m g "
Stm wg y s
m ed l c ~1
m al i j u< l n 3
m arket
rep/l rt,
i i l fi rs t o fi ts
ki n d
repo rt
that
an al y zed
the val ue o ftn e retai l m ed i c al
m ari j uan a
m arke! n ati o n al l y ,
KIts al l d i l i s tl l < l m have c reated m ul ti pl e
ben c hm ark o perati n g
m o d el s fo r the retai l
d i s tri buti o n o f m ed Jc al c an n abl s , ( {ri s s team hl l s wo rked c l o s el y
wi th l o c al g O\ l erl m ,"l l l :.~
i n Cal l fum i a < l l 1d ho s ted
l eg i s l .tOl .s
fro m aro un d the
tl l Ul l tTy
n teres ted l n d "v~l o p n g g ui d el i n es
fo r 1".pOl Is l bl e prac tk"",
Hi s team has al s o
wo rked wi th ti l t! Ari zo n a Departm en t
o fPubl,
He_l tl l to as s i s t i n c rafti n g the,rppl i c atl o n pro c eSl
fo r d
s pc l l s ary
o peratars ,
C~n l l l .abs , IIIC,
-Prl l d uc t Q Ul Il l ty
Stan d ard s an d Tes ti n g l ,c l l d
Can i i L abs , Il 1c , wl l l
pro vi d e
l \ d vi SOry ~s ; ; ; r; ;
~l n Pro d uc ti o n
R eg ul ati o l l l ed
i l y t el 1l f~I:-M o rray , Her team 01 s c i en ti s t..
pro vi d e m ul ti pl e
s ki l l s ets to s everal m c ti t8 l ! ! l eas al 1 c an as s i s t the WSCL i l l n re.g ul ato ry
.tl ec i s l o hS s urro un d i n g
pro d uc t s afety
an d tes t n g an d
n fl ts ed
1l 11,d UI; l :s
m an afac tul
l l g .
Ad d l tl o n .! ! y ,
hel eJ< tl ! l Is ve l l atl o l 1al n etwo rk n f
l abo rato ri es al l o ws the WSCL to d raw an d ! ! c ad es afki l Owl ed g e
an d
experi en c e
i n l 11ari j ual 1< i 1.11111Jy tl c s < l l l c l
s tal l d ard s to c reate
r.n futc eabl ( !
reg ul ati o n ,
G en l r~r haS OOG I1 .n vahl abl e i n the
d ev&l .o pm en t
o f~ n 13d rhl a an d s afe
i n d us try
i n Co l o rad o , She hi l S s f~l ved an
AHPAs Can n abi s Co m m i ttee fo r o ve! a
y ear
d evel o pi n g g o o d
l ab
pl aro c e
n ~c o m m c n d ato n $ fo r
reg ul ato rs n ati o n al l y ,
She s c rves as Chai rpc l l l Ol 1
Dfthe M ed i c al Ci l Il Il abi .1es tl n g
Co ~l l tj o l 1 an d
was i n s tl 1:l m c utal l 1l h,vel o pl n g
thei r l ahrm l t<
Y
s tan d ard $. G en l fer s erves o n the G o vern o rs Tas k Fo rc e fo rth.e
l m pl em el 1tati o n
o r Al l um d m en t 64 ad vi s i n g
the Tas k fo urc eo n c al l m l bi ~
tes ti n g , l abel i n g ,
Il n d heal th an ti s afety
Is s ues ,
~fJr Il el l d CI) ! s ul ti n g ,
L L C
-Pr,! ! I:! ,s er
11m ) ! rud l .l l :t
a,! d ! ~I~tl l ~! 1.! < n o wl ed g e
L e~
d
_.~_._____.___
el l ver
R eHef
Co n s ul ti n g ,
U.,C w S~l ve o n the Iro ut
.l teg ul atl o l l
te< l m ,
The
c o m l Jal 1y reg ul arl y pattl c i pal :es
i l l
g o vern m en t
rul em
ki l l g
atth" s tOl te an d l o c al l evel s
am l l l as l l ro vi d eu l l l m t
an Co l OIad as m ed i c al m ari j uam l
l eg i ~l at
( l II an d
reg ul ati o l l s ,
The team , ad m i n i s trati ve l ead an d tec hn i c al wl trer s erved as
the
o n l y
hus i n es s
rc pres en l :l l ti ve
Oi l bo th the Co l m ad o
D~pi
l tl 1l el tt o f R even ues an d Co ! .o rad o Departm en t
01 Hetl l th an d pub! ! c
En vj rc H1m en fs m ed i c al m l l ri l uan a ad vi SOry
i :Ol l l m trees . She was i ri fl u.~l Ital i l 11.he
d evel o pm en t
o f the Co l o rad o
M ed i c al
~Iarj l uan a
Co d e an d
reg ul ati ,) n s i m pl el l wured
tl l ere,l Ite. by m ul ti pl e reg ul ato ry
bo d i es . She has al s o been an
ard en t pati en t@ d vac ates uc c es s fl l l l y l o bby i n g
fo r Co l o rad n i n d i g en t pal l en t
m l es , She pro vi d es reg ul ~tIl ry d raft.l n g
s ! ; rvi c es to three Co l o rad o
i n d l l .s try
trad e ; J.s s o c i al i o n s s ug g es ti n g
rul e
c han g es
to the Cal o rm l ! ) M M EO. She has al s o
Jl ro vi d ed l rl Jl ut
to I\ HfA o n
reg ul ato ry
s tan d ard s
( g o o d prac l i ",j
fo r
po l i c y m akers :
1n tl w areas o f Can n abIs
Cul ti vati o n ; M am [ac tul l n g , Pac kag i n g ,.
L abel i n g ,
! l m l Ho l d i n g ; Di s tri hl l ti o l l fDi s p~.l Is j l 1g ;
an d c an n ahi s An i l l y tks ,
Vi c en te Sed ! 1rberg ,
L I.C -Pm d l l l :t
R eg u
ati o n L l l l Ul
Vke~i c
S! :d .~rherg ,
L U:: $~rves as
t~~:; i l i ead i l 1 Pro d uc l
R e!
l l l ti ~
Ho wr.wer,
tl m
:~xi ; ; ; l Sf\ l e wo rk wi th
l 1al i j uan a
bus l n HSSl l S i l l 111Id ti pl e
s tates
g i ves
them a kn o wl ed g e
bas e
exten d i n g
to al l fl ! c ets o f
o perati o n s ,
The Vi c en te
Sc d erberg ,
l .L C team i s l ed
by
C ri s tl an Seuerherg
an d
pl o vi d e5
a bo s t o f reSU\ l rc "s i n c l ud i n g fi veatto m ~y s
un d rOl l l
po l i c y an al y s ts .
Vi c en te
Sed erherg , L L C,
i s i i l l aw .Il rm
pro vi d i n g l eg ~1
as s i s tan c e to th~) Iul the m ~d i c al m ari j uan a
1:0011l l 1Un l ty
arId i s t~n ~
o Cti l e m o s t
n ~5pt> etl l d
fi rm s i n
the
c o un try
i l l tl l i s
praCti c e
fi el c L
Chri s ti an Sed l
rherl l ,
wi l l s erve "S
pl o
ec t l ead fo r the Pro d uc t Heg ul ati t:> n
terl m , He was II prl 1l 1al y p,ut:i c l pan t
i n the
d rafti n g
o f Am en d m en t 64 an d
1:n rrel l tl y
s erves o n tl l " G o vern o r, Am en d m el l t 54 Tas k fo rc e fo r the
l 1,pl el ! ~/l tl l ti o n
( l Ithe Am en d m en t, He i s
run en ! l y
Co Chai rs
the A1M n d m en l 64 Tas k FOI,e Co n s l l m e, Safety
.am l
So d i l l Is s n es W rk
G ro up
al l d al s o s erves as a m em h",r o r ti l e
D",partm el l t
o f HeV\ l m l eS M ed i c al M ari j uan a
En fo rc em en t Il i v s l o n l 1 m ed i c al l 1l l i l l l j l l i l n l l ud l l fs m y
c o m m i ttee,
Chri s ti an reg \ tl al l y
m eets wi th an d ad vi s es the
M M BD 1111 reg ul atl l ry
i s .ues ,
R FP-M 301IaJ! l !
41
I.l
n tal j
1~, 21H3
00005860
rne Product Regulation
ttmm l:ndudes several p olicy analy sts
with. federal. state and local
ell" p ertise
in law and
regulawry .al! illls,
The teams Amendment 64
p olley
analy st
served as a L egislative
Assistant for U, S,
Hep Jared
I olls,
a C gressionalle; lder
on marijuana p olicy
reform I n WashilJgton
1 ) , ( ; , He returned to Colorado to serve as the
I ndustry
L .iaison for Colorado
Sp rings
State Bal1 kamt was subsequently
the Executive
DI rectonlftlm
Cannabis
Business Alliance {CBA) .
a I lon- p lof
t trade
organiz ation
for medical cllnnabis p rofessionlltsand
ill1 clllary
businesses,
Steve Fox is one of the
leading figures
in the movement to help
the United States transitionlrom an unregulated.
cri, minal marijuana
milrket to Olle that is
regulated.
taxed,
and controlled,
As dlr~ctor 01
govelllmel1 t
relations at the
Marijuana Polley Project ( MPI ) ,
Steve has been involved ill the drafting
of numeroUs
ballot nit atives, Most notably ,
he was one
ofthe
p rimary
drafters of Ammulment 64 in Colorado and ap p roached
the task with ~n ey e
not just
toward
Jlol
tlc~1 considerations. but also the rual world l~dm cations of tile law once
enacted, Steve I s now
inlimilt~ly
involved in the
hnp lemelltation 1 ) locess
in Colorado with Vicente Sederberg,
overseeing
the work of three
p uin
consultunts and
wOlklngwith many
other ndlvidttals involved in tile current
task fole
p lo
~S$,
.
Policy analy sts
rnfessm Richard MC<owan
, md Evall Cohen
bring unique exp erience
tll Vicente Sederberg
ill
Olvalu<ltingthe regulatory
and tax stl" \u:rurce of so
called " sin industries: induding ga.ming,
tobacco, alctillol
and
now,
1 1 1 a1 ijuana,
McGowlUl ond Collen most ro en! ly p ublished
a
p ap er.
" Gnls" , is
Alway s
Greeller
Whcnlts
L eg
.l~ l! llch~s
for Slate Regulated Marijuana: p ublished
in 201 2 nlhe EconomistS Voice, McGowan is a p rofessor
atthe Carroll
School of
Managementlll
I loston College,
He has consulted
with various governmental
entities about marllel
structure, ill~atj( .Hllmd regulatory p olicies
ill gamil1 g,
tobacco and alcohol I ndustries. McCowan p rovides
consulting
services to five
lottery
commissions, M weU ~s, sel" I CS on th
City
or Boston GumngCommiss
Otl and the
Boan:! of the Massachusetts Comp ulsive
Gambl
ng
CoundL McGowan has
[ lubli.she<lmnltlp le
books 01 1 " sin-
industries" nclud
lg~
:! > " tate L atter.res and
l, egal
z etJ
Gamblil1 g:
Painless Revenue or Pmnful Mirage ( Quorum
l> ool{s,
( )tober 1 994) ; Business, PuliUcs ami
CI BlI re~ce5 : MalUp le
L evels. Multip le Agendas ( Greenwood
Press. Sep tember
1 995 ) : 1 l1 dtlstry
aSd P/ t( Y CI
I ll the Soda/ and Political
Arenas
( Quorum
Pres, . June 1 996) ;
The Search
for
RevllI lue
and
the CamlllOlI Good: n Ana{y sis ofGovemmellt Regulatfoll
of
the illcohollmlustlY {Praegar
Books. May 1 997) ;
Government and tile lmllsfomwt
on afthe
G( llll
I 1 S/
I ndustry [ Edward Elgar
PublI shing, July ZOOl) ;
and The Gambling
Debate
( 201 2) ,
I n 1 997,
Cohen
p ublished
the first study
since 1 .972
attemp ting
to estimate the
p rice
elasticity
of
dermmd for marijuana., " Survey
of Marijuana
Use at Cornell University , "
I tlP- 1 \430fPag.42
Febn, " , j 1 ., 201 3
00005861
16.
Approach
and
Methodology
0 1.11"
approach
is no! to
provide ready.made
rules Md
r~ gulatJ olls
fol the WSLCll,
but instead to utilize om teams
ctHl1uJ atIVe sk ill st:ts
ami
llj ( perlenc
toassis! the WS.U:S wlth
imj lorumt
decisions that must inceJ fllorate
thanced, of
Washillgton State,
the WSLCB and other deflMd stak elHllders to be effective. O llrex peliellts
ill the establishment
and
contltlUing development
orthe Color" o medica!
marij uana regulatory system,
as
well.a. 0 \11 national
ex perience,
aHows us to
Identify comp( ln~ nts
that are .effectiVi alld thO SE! that need additional cO lls!derat!ml
alld
alternative
paUd~ s,
We hav learned from our ex perience
that the
appropriate
identification ofssues
and
proposed
r~ ~ ( llut ons should bc.determined by
the environment in which 11\e
system operates.
Successful
regulation
is
dependent
on tak !nginto
c nsideratinn the issues of
champions,
stak eholders, opponents, legislative
constraints,
budgetary
constraints 311d ellvironmenlal constraints, 1( > 1 c~ ample,
the WSLCll must balance
pol
des to minimize
pn,( \ttCI
use
against
those that
encourage
a en.alum ed billek mark et
system.
Additionally,
the
findings
oltne Product
Usage
and
CO llsumpt
tln V~ lJ daton te~ m
will
impact
the decisio!1l1lak ing
of the WS!,CB,
G ener" .] ] y, O UI approach
is to consider
regulatiQ n.
as 1110 re than a handful of
polil; ical
considerations, bllt also as
decisions thai
possess
real world lamlflcations ooee enact~ d. 10 1
ex ample,
our
poli.; y
lead modele( \
the ex cise tax
provision
in the Colorado ameodment alter the federal ex d" e tax . on alcohol <lfter l h bition. That t" x was
intentionally k spt
low
Immedl.at$ly
afte!
prohibition
allded in Q rder to allow
legitimate pJ O
ucers
and distributors to
eff( ~ ctj vely o!lwete
with, and tl1useUmi.nate, the clim m t
Ulldelgrou!ld
mark et O ur view is that black lllark et
implications
are as harmful or more harmful to a
system
as
small
amount5ofleak age
to
unq ualified
ronSllm" rs. We
view
re~ Lllatory
dedsiollS as 10 0 nstanthalanc
llg
act between lfi mark et concerns, public safety
cO llsi el" iltions, and
the
strollg
interest in
preventing
diversion O fll13lij uanrl <mt of Sllle" ,
which could
trigger
ed~ rill Involvement an
eh.re; ltcn the
progress being
made III the state,
O ut team will fltst meet with the WSLC13 its stak eholders w review,
j elne and
gain approval
forth" "
plopos~ d
appTO flch
lld
methodology,
O ur
approach
to assist tlJ e WSLCB and itB stak eholders in decision mak ing surrounding
product regulatIoo
include, a thoro\lgh
review ( If
ex isting regnJ atoll~
ill this ,md comparable practice
arMS, O ur
team wil!
provide
a review and
analysis fO I$ubj .e
t areas
related to
prmluct regulatiQ lls induding.
but not limited t :
1,
Polity goals ( ta.limlt
black mark et VS. minimizing use);
2, License
types
,Inti
req llitements;
3, Lllcations, land llse and
building
codes an req uirements:
4. Seed to sale
track ing regulations;
5, Iloduct
h<llldHllg,l~ belil!g, storage, 11" ilnSpo[ t
and
inventory req uirements;
5. Saies rules a Ild re.IIk t oIlS;
7.
Security req uirements
~
alarms,
lock s and video sllrvelllance;
8. Sanitarioll and health and safety leq ulrCIlHmts:
9. Administrative
IHtlCedules
for
Ucellslng.
administrative citations, licensing
decisions, appeal processes,
etc,;
HI.
Inspection
and seizure
procedures:
11. Adll\ nst" ,tive ami criminal
pen.alties;
.12. Duti" s lIml
lights
ofth"
regtllator) agency;
Local
j urisdictions
duties !lad
rights;
14.
Advertising
restrictions:
Tax collection, transmitl:lll and
repO ltillgreq u
lemEmts;
16, Data
stola1i!t!
~ Ild
!C.:onllweping req uirements;
and
RJ P-J {430 fP" ge43
Febl" " ry Iii,
Ztl 1,
00005862
17,
.
Reporting
standards.
OUt team will review the
strengths
and weaknesses In
existing
licensed
marijuana regulatory
environments
and
provide
an explanation
of
sy stem
limltat oos and
provide proposed
solutions.A more
Invulved
approach
would be
to couduct COllsumer,
law enforcement industry " legislative
and other stakeholder workgroups
to
develop
a
survey
of
regulatory
needs lldcOl1cell1s.In addition to our teams
experience,
we have 1I vast network of national
stakeholders we can bring
into the
process
if tile WSLCB determInes it is in their best interest for an effective
regulatory .pr
cess,
RrP-K4301Page
44
Fehruary 15,.2013
00005863
COST PROPOSAL
The evaluation
process
i~ designed
to award this procurement
het necessarily
to the
Proposer
of least cost, but rather to
the
Proposel
whose
proposal
best meetslhe
requirements
of this RFP, However, Proposers
are encouraged
to submit
proposals
which Me consistent with
Stategovemment
efforts to conserve state and federal resources.
InstrllctlQns to
Proposer: Proposer
shaU
complete
eitl1erTable 1 Q!Table
2 below
by entering
their Not-to.Exceed [tnE)
Hourly
Rata
Q!
Not.to.Exce"d Daily
rale lor Initiative 502 Consulting
Services. for the
purpose.s
of this RFP, one day
shall
consist of a total of
eight (8)
hours.
Proposer
is tnstr~(led to b" famlliar with the 11 I1I1all\ / < I S02 language
when preparing
their respOI Ise.
link to the 1.502
document is located in Ap~ndix
B of the RFP for Proposer s
convenience,
mill
1: Hourly Rate
Description
NTE
I-S02
Services as stated In this RFP
$ 300,00 pinout
Table 2 : Ollily
R.ate
Consulting
Servic", as stated in this RFP
p/ day
RPP-K430jPage
45
February 15.7,013
00005864
Washington
State
liquor
Control Board
February 22,
2013
Ean Seeb
Denver Relief
Consulting,
LLC
1
Broadway
Suite A205
Denver,
CO 80203
Subject: Rejectiou
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Ean
Seeb,
This letter is to inform
you
that Denver Relief
Consultings response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it was not received before the
required
due date and time.
Statewide
contracting policy promotes open
and effective
competition
and the
equal
treatment of all
proposers by firmly mandating
that the
acceptance
oflate
proposals
is
prohibited.
In accordance with
Washington
Administrative Code
(WAC)
20.0-300-025:
"...All bids must be received in the
office of
the
purchasing activity by
the date and time
specified
in the document or addenda. No deviations will be allowed
...
"
Responses
to RFP K430 were due on or before 2:00
p.m.
on February 15,
2013. As
partially
stated in
Amendmeut 2 to RFP K430:
"Complete Proposals
must be received
electronically
on or
before
Februarv 15. 2013 at 2:00PM
(pTi..."
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
proposal
is submitted on time. The WSLCB received Denver Relief
Consultings proposal
in the
lcbbids@liq.wa.gov
inbox on
February 15,
2013 at 2:29
p.m. (PT).
Denver Relief
Consulting
failed to
submit their
proposal
on time and is thus deemed
non-responsive
and
rejected
from further
participation
in RFPK430.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. If
you
have
any questions, please
feel free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
Joho
Farley
Procurement Coordinator
cc: K430 Contract file
POBox
43090,3000
Pacific Ave.
SE, OlympiaWA 98504, (360) 664-1600, www.liq.wa.gov
00005865
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Frid ay , February 22, 2013 3:17 PM
ean@d enverreliefconsulting.com
WSLCB RFP K430 -
Rejection
Notification
K430_Rejection Letter_Denver
Relief
Consulting.pd f
Good
Afternoon,
Thank
y ou
for
submitting
a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accord ance with the attached
letter,
the WSLCB must
reject y our response.
Thank
y ou
for
y our
interest in
d oing
business with the
Washington
State
Liquor
Control Board . Please feel free to contact
me if
y ou
have
any questions or need ad d itional information.
Thank
y ou,
John
Farley
Procurement Coord inator
K430@lig.wa.gov
1
00005866
Norton. Melissa K
From:
Posted At:
Conversation:
Don E llis
<donjellis@gmail.com>
Friday , February 01,
2013 8:30 PM
Response
to
Request
for cannabis consultant
Subject: Response
to
Request
for cannabis consultant
Hello,
My
name is Don
E llis,
I live in
Boulder,
Colorado and
recently
read of the
Proposal
for a cannabis consultant in
Washington.
I have extensive
experience
in not
only
the commercial
industry
of medical cannabis for two
y ears
as the head
grower
of Boulder
RX, a modest
dispensary
in
Boulder,
but also the
experience
of
working
at home
and with
patients personally
for over 5. I have worked witl1 both ilie
city
and state officials to insure
compliance
has been met in
every way possible
in
regards
to the
growth,
movement and sale of medical
cannabis.
Currently
I work for one of the
largest hy droponics
distribution chains in Colorado and have a keen
knowledge
of
fertiliz ers,
soil
composition
and maintenance and all other
aspects
of controlled cannabis
agriculture.
There is no affiliation between
my
current
employ er
and cannabis in
any way
and I
prefer
to
keep
that information
private
until asked for furilier
verification, as in a
proper
C.Y.
I am
very passionate
about the cannabis
industry
and would
very
much like to
help
the
industry
move forward
constructively
and
positively
for
every one
involved.
Please contact me for a
proper
curriculum vitae and I will send it
upon request.
Thank
y ou very
much for
y our time,
Sincerely ,
Don E llis
(720)273
1242
DonJE llis@Gmail.com
1
00005867
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 11:51 AM
Don E llis
(donjellis@gmail.com)
WSLCB RFP K430 -
Rejection
Notification
K430_Don E llis_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting
a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
. me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
1
00005868
Washington
State
liquor
Control Board
February 25,
2013
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Cousulting
Services
Dear Me. Don
E llis,
Tbis lelter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it l ilcd to confonn to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
"".Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
r~ iected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualilY
the
Proposer from
ftrtherparticipation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to nnderstand the RFP
requirements
and cnsure their
Proposal
is
complete. Proposer
failed to
.complete
and submit the
following reqnil ed
items in
responsc
to RFP
K430:
Proposer s
Authorized Offer, Proposer Information,
Subcontractor
Information,
Letter of
Submittal,
Non-Cost
Proposal
and Cost
Proposal. Proposer
submitted an
incomplete
and
vague response
and is thus deemed
non-responsive
and
rejected
li Olll further
palticipation
in this RFP.
Thank
you
for
yOU!
interest in
doing
husiness with the
Washington
State
Liquor
Control Board, This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at (360)
664-4526 or emaii at
jsf@ liq.wa.gov.
Sincerely,
7-
JohnF.r
ey
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave. SE , PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005869
~ " " ; ~ ~ I ~ ; I
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00005870
DUNCAN GRANT
15014 OAK BLUFF CT
HOUSTON,
TX 77070
(281) 374-0102
February 06,
2013
Procurement Coordinator
Washington
State
liquor
Control Board
3000 Pacific Ave
Olympia,
WA 98504
Dear Procurement Coordinator:
I am enclosing a
copy
of
my proposal report
to assist the WSClB I n crafting marijuana system.
regulations.
The laws and
regulations regarding marijuana are going to be difficult to formulate,
I have
provided a guideline
I n
my proposal on how to best format laws and
regulations.
I recommend
hiring an
attorney
who is
ex tensively knowledgeable
of state laws. I can work
every day
with a lawyer
to
produce
adequate laws and regulation
for
marijuan~ producers
and users to abide
by. I t I s also
my
recommendation to hire two
marijuana ex perts,
a (hem
1st,
and a communication
ex pert.
I n the attached
proposal you
will find that
hiring a team I s more efficient than
hiring
one
person. Bringing me on will
help
the flow of I nformation between the mediums as a communication ex pert or consultant. This
legaliz ation and
regulation process
has to
go perfectly
I n.order to set a president
for the entire
country.
Believe me when I
say
that most of America will be
watching
to see how
Washington State handles this
task at hand. The total cost 1$ minimal
compared to the revenue that
Washington
State will receive from
marijuana. My proposal ex plores
and
ex plains
how marijuana
I s
grown, sold, and turned into other
products. The proposal
also touches on I deas of how to properly regulate
and tax marijuana.
The
study
provided
has been conducted in a thorough
and
professional manner. I f
you
need further I nformation
please
do not hesitate to call me at
(281)
374-0102 or
you may
e-mail me at
duncan1066@sbcglobal.net.
Sincerely,
Duncan Grant
Enclosure:
Proposal Report
,
.
,
,
00005871
Washington
State
Marijuana
Consultant
Proposal Report
Duncan Grant
Grant
2/6/2013
00005872
Table of Contents
INTRODUCTION..
..................................................................."........... .......... .................... ................ .......
1
PRODUCT AN D I NDUSTRY KNOWLEDGE
................ ........................ ..,................. ,.. ............ ................
.......1
PRODU CT QUALITI STAN DARDS AND TESTING
..,..,,.. ................................... ,.....,.... ........... ......................4
PRODUCT USAGE AND CONSUMPTION VAll DATION."..............
" ........;..... .......".........................4
PRODUCT REGU LA TION
................... "......... "....... "........... ......... ........................ .............. ....."
...............".5
CONCLUSION........
....".. .... ...... ....... ............... ........... ..."....... ........... ..". .......... ....,," ....,.......,.....................
5
RECOM MENDATIO NS
.... ...... ....... ............ ..,... ,.........................,.. .....,. ............. ....... ". ",......" ....,.....
5
I
i
I
00005873
Grant 1
INTRODUCTION
When
grown properly, marijuana
does not contain
any
addictive
ingredients. Marijuana or
Cannabis has been
growing
wild on this
planet
for thousands if not millions of
years long before
human Intervention.
Washington
State is the first
place
in the entire world to
legaliz e
marijuana,
so
determining
laws and
regulations
will be a difficult task for there have never been
any
in
place
until now. After careful research I have determined a guldelne for
applying
regl/ lations
and laws for the
selling
and
consumption
of
marijuana.
Cannabis can be
grown anywhere as long as there Is not extreme shifts in
temperature.
The
best
temperatures
for cannabis
growth range
from 70-75
degrees.
The cannabis
plant produces
psychoactive ingredients known as cannablnolds. The main
ingredient In cannablnolds that
gives
the user a high
is called delta-S and delta-9
tetrahydrocannabInol (THe).
When I refer to
THC levels I am
referring
to both delta-8 and delta-9. The two main
species
of cannabis that
produce
a high are SatIva and Indica. Female cannabis
plants are what
growers
are interested
In, preferable non-poll
nated female
plants
otherwise known as (sinsemilla).
The sinsemilla
plant
will
produce more flowering
buds and more
quantities
of THC than seeded female
plants,
male plants or hermaphrodite plants. Hermaphrodite plants
contain both male and female
organs
and will result under
poor growing
conditions.
Hermaphrodite, male, and seeded female
plants
can be discarded. If the
grower
wants to bread
plants
than the male
plant can be saved
for such use. Cloning one female can provide enough marijuana
for
years,
but first the
grower
must decide ifthe mother
plant
Is suitable for
cloning. Cloning
is the
process
where the
grower
takes
cuttings
from a quality
female and
grows
these
cuttings
into new plants.
PRODUCT AND INDUSTRY KNOWLEDGE
The cannabis
plant grows
in three
stages: germination, vegetation,
and
flowering.
Germination
is when the seeds
embryo
breaks
through
the shell. It takes
anywhere
from 11 hours and 3
weeks for seeds to
germinate. Vegetation growth
Is when the
plant begins
to
grow
at a rate
where the leaves
produce energy.
At this
stage
the
plant
needs all the
light and food It carl use.
The
vegetation growth stage
lasts between one and five months. If the
grower
wants to clone a
female
plant
then
they
can
manipulate
the chosen
plant s vegetation growth
to last forever.
During
the
flowering stage
the
plants sex becomes clear, male
plant
will
produce
little balls
clustered
together.
The female
plant produces
little white
pistols
that look like hair
coming out
.ofthe
pod.
The
flowering stage
can take between 4 and 16 weeks to
fully develop.
The total
time frame for which the cannabis
plant grows
to full
maturity can take between 10 and 36
weeks. Three to four months is the most common time frame for most
growers.
Sativa
usually
grows In six to nine months. Indica can flower in six months.
Indica/ Sativa hybrid plants
flowering period
falls between two to four mOnths. Sativa is
mostly
a head
high,
while Indica Is
mostly a body high. Harvesting
a plant
later than
expected
will
produce
more of a head
high,
harvesting
a
plant
before
peak growth
will
produce
more of a
body high.
If
growers
are
planning on growing
outdoors or in a greenhouse,
it is recommended
growing
Sativa or a
Sativa/ Indica hybrid.
The months of tiIIarch and
April are the best time for
growers
to start
plants
outdoors because
they
should mature and
begin flowering by August
or
September.
00005874
Grant 2
Cannabis
p l ants grow natu ral l y
between the months of
A p ril
and October. That means towards
November the
p l ant
wil l be
fl owering.
Like most
p l ants mariju ana
needs 12. hou rs of
l ight al ong
with 12 hou rs of darkness.
SA TIVA
Height.
Between 4 and 15 feet
l eaves- Thin, l ong
and
p ointy
l eaves
Bl ades- 6 . and 12 bl ades
p er
l eaf
Grow Time- 6 to 9 months
INDICA
Height-
Between 6 inches and 4 feet
l eaves-
Wide,
short and rou nded l eaves
Bl ades-
Usu al l y
between 3 and 5 bl ades
p er
l eaf
Grow Time- 4 to 8 months
Each
p l ant shou l d be l abel ed to
keep inventory
and records of what is
being grown. Constant
caring
for
matu ring p l ants
is a mu st for
growers. They
shou l d be
p ru ned
and dEl ad l eaves shou l d
be removed.
Top p ing, training,
and
cl oning are the three best
way s
to p rodu ce
the
biggest/ best
cannabis bu ds
p ossibl e. Deciding
when to harvest is best done
by constant caring
for the
p l ant.
When abou t 90% ofthe
p istil .
have reached
matu rity
it is time to harvest. The
p l ant
shou l d be
cu t at the base and
hu ng u p Side
down in a dark room best
kep t
at 6 0 to 75
degrees. Hu midity
is
best
kep t at 55%. Fan l eaves shou l d be removed and discarded. The
p l ant
shou l d al so be
manicu red.
Thetrimmings can then be u sed for hashish or hash oil which can then be infu sed
into
food/ beverages.
A s soon as the branches are brittl e the
cu ring p rocess
can start.
Simp l y cu t
the bu ds from the branches and can them in an
airtight matching
l abel ed container. Pl ace the
container in a cool dark room and
op en
them
every day
for a
cou p l e
of hou rs. The
cu ring
of
cannabis takes
u p
to
eight
weeks. The best hash is made from
cap itate
trichomes that have
resin
gl ands
which contain cannabinoids. The bu d
p rodu ced
from a femal e
p l ant
contains most
of the tri(home resin
gl ands
and not on the
l eaves,
however femal e l eaves do
p rodu ce
trichomes. There are several
way s
to extract the trichome resin
gl ands
from
mariju ana
in order
to
p rodu ce
hash or hash oil for food and
beverages. Water and bu tane extraction are the two
most common
way s
to extract resin.
00005875
Grant 3
Marijuana
buds sold for
consumption
should be sold
by
the
weight
and
percentage
of THe.
WEIGHT: One Gram
THC PERCENTAGE:
5-10%,10-15%,15-20%, +20%
PRICE: $l .OO, $15.00, $20.00, $25.00
WEIGHT:
Eight
of an Ounce
THC PERCENTAGE: 5-10%,10-15%,15-25%, +20%
PRICE: $45.00, $50.00, $60.00, $65.00
WEIGHT: One
Quarter
of an Ounce
THC PERCENTAGE: 5-10%,10-15%,15-20%, +20%
PRICE:
$110.00, $11.5.00, $1.20.00, $125.00
WEIGHT: Half o n Ounce
THC PERCENTAGE,
5-10%,10.15%,15-20%, +20%
.
PRICE:
$210.00, $220.00, $230.00, $240.00
WEIGHT: One OUllce
THC PERCIlNTAGE: 5-10%, :1.0-15%, 15-20%, +20%
PRICE: $320.00, $34-0.00, $350.00, $360.00
Prices for each should be determined on THC
percentage
and lev el, raise the
price
for
higher
percentages
of THe and lower the price
for lower
percentage
of THC.
Marijuana
should be
packaged
in sealed containers or bags.
Where the
bag
or container is
opened a labeled sticker
should be
place so that the
purchaser cannot
open
it without
breaking or
remov ing
the sticker.
A tax
stamp
is a
{ load place
to
put
such a label.
Marijuana
should be treated like
liq uor
and
shipped only
to retailers who hav e
liq uor
licenses or in the case of
Washington State
marijuana
licenses.
Predators, Pests,
and
Fungi
are the three
major
risks for the
marijuana plant. By
labeling
each
plant
before and after the
curing process;
businesses can
keep
track of which
strain has become contaminated. The three risks
prev iously
mentioned can be fixed with know
how
processes.
But if the
plant
has
already
been harv ested it is too late for
any q uick
fix and the
plant
must be
destroyed. Destroyed, contaminated, recalled, or
ov er-produced marijuana can
easily
be made into
hemp products.
The left ov er branches and stems from the
marijuana plant
can also be used for
hemp products,
00005876
Grant 4
PRODUCT
QUALITY
STANDARDS AND TESTING
There Is
real l y no
way
to determine the
percentage
ofTHC in a bud without
tes ting
the
product.
Us ing a micros cope
to determine the amount of trichomes on a pl ant
and there condition are a
good
indicator ofthe
percentage ofTHC, but this can be
mis l eading
at times . Next to
tes ting
the
finis hed
product, deciding
what s train to
grow
and when to harves t
are. the two bes t
way s
to
determine the
q ual ity
of a pl ant.
There are five
s impl e
indicators to harves t for mos t s trains :
1. When the
pl ant s tops producing
trichome
cl "s tal s
2. Wil en the
pl ant s tops producing
res in
3. When tbe
fan
l eave.~ have
tl l rnedy el l ow
and are
dropping off
4.. When the bud mas s Il Os /l ot It!Creas ed
fOI
a
tDl l l il e day s
.
5. When the s mel l
ol the pl ant
has reached a
peak,
and 6.wbel 1 50
percent
to 70
percent ol the pis til s
have
charl ged
col ors .
.
Mos t s trains
provided by major
s eed banks l ike s ens i s eeds or s agarmatha provide
a
percentage
of THe. The
percentage provided
Is
us ual l y
accurate and can be l abel ed on the
pl ant
and
finis hed
prOduct.
With the
percentage
and l evel of THC on the
product, a price can be matched
according
to that
percentage
and
l evel , Every pl ant produces ps y choactive ingredients
cal l ed
cannabinoids . The main
ingredient
that
gives
the us er his /her high
is cal l ed del ta-9 THC. There
re other
ingredients
that add to the
high,
s uch as
CBD, CBN, THCV, CBDV, CDC,
and CBl but
they
are l es s
preval ent
than THe del ta-g and del ta-B. Al l s trains
vary
in THC l evel s and
percentages .
THe
q uantities are rel ated to bud mas s and how much res in can be col l ected from
that bud mas s . Some bud can be l abel ed as 10
percent THC,
with a THe l evel of 5. The s ame
pl ant grown
under better conditions coul d
produce
20
percent THC,
with a l !:l vel of 5. The l evel
Is
genetic
and the
percentages
are under the
growers
control . The
percentages
and l evel s of
THe can be l abel ed on the final
product
after careful review and
tes ting
of the
product.
Ifthe
pl ant produced
has more of a head
high it can be l abel ed
accordingl y ,
if the
pl ant
l abel ed has
more of a body high
It can be l abel ed
accordingl y .
l ike
l iq uor
there s houl d be a
warning
l abel ed
for cons umers !l ot
to
operate heavy machinery or motor vehicl e whil e under the infl uence of
marijuana,
PRODUCT USAG.E AND CONSUMPTION VALIDATION
,
For
every
individual over the
age
of 21 in
Was hington
State one to two
marijuana pl ants
s houl d
be
grown.
Sativa
pl ants can produce any where
from 5 to 20 oz of
bud, however the
l arger
the
pl ant
is the harder the harves t wil l be for the
grower.
The
average marijuana cons umer us es
approximatel y
10-12 ounces a
y ear. By l abel ing
each
marijuana pl ant
the
producers
and the
cons umer can
accuratel y
val idate each
purchas e.
If a certain s train Is cl oned the name of the
bus ines s and the s train
al ong
with a numerical record wil l s uffice for
keeping
records .
Marijuana Shoul d onl y
be cons umed in a bus ines s that al l ows s uch and in home.
00005877
Grant 5
PRODUCT REGULATION
Almost
every
law and
onsumerwarning
in
p lac e
for
liquor c an be
ap p lied
to
marijuana.
Marijuana
shouldnt be taken
by anyone
under the
age
of
21,
women
p regnant
shouldnt
c onsume marijuana,
and it
only
takes one use of
marijuana
with a high p erc entage
of THC to
p roduc e a high
effec t. A state ID from
Washington
that shows the individual is in fac t over 21 is
all that should be needed in order to
p urc hase marijuana.
Cannabis should
only
be sold in
businesses that have
marijuana
lic enses and should adhere to the laws that were set forth for
business with
liquor
lic enses. There are several
op tions
available to law enforc ement offic ers
when
determining
if someone is intoxic ated while
op erating
a motor vehic le.
By simp ly
enforc ing
the laws
already
available to
p olic e,
offic ials c an determine If someone is under the
influenc e of
marijuana. Walking a straight line, saying
the
ABCs,
and smell of alc ohol or
marijuana
on ones breath are
examp les
of suc h
tec hniques already
available to
p olic e.
The
p ac kaging
of
marijuana p reviously
mentioned in
my p rop osal
will
p revent any
infrac tions of
op en
c ontainer laws. instead of
using
a
urinalysis by emp loyers,
mouth swabs are a more
ac c urate
way
to determine if
someone has used
marijuana
in the
p ast
24 hours. if the
ap p lic ant
has done harder
drugs more than 24 hours ofthe
drug sc reen suc h as c oc aine, heroin, ete it will
show on a mouth swab. When an emp loyee
is
injured
at
work,
the
emp loyer c an test for all
things inc luding
alc ohol from a simp le
mouth swab. Bec ause
marijuana
is
legal. testing
with a
mouth
swab
is a more effec tive
way
to determine if someorlC! Is a c hronic
marijuana
user.
Marijuana
is still
Illegal
at the federal level so all
transp ortation
of
marijuana
should
stay
inside
the state of
Washington.
CONCLUSION
(n c onc lusion the
legaliz ation
and taxation of
marijuana
will take team of
qualified
individuals
in five
sp ec ific
fields.
Growing marijuana
is not that diffic ult of a task for it has been
growing an
this
p lanet long
before human intervention. If done
c orrec tly Washington
State c an set the
ground
work for other states to follow.
Marijuana
should not be
exp orted anywhere
outside
the state of
Washington
and
Colorado, however
hemp p roduc ts c an and should be. Seeds and
other
marijuana
related
p roduc ts c an be
imp orted
from all around the world. The best laws for
regulating
and
taxing marijuana are the ones already in
p lac e
for
liquor.
RECOM.MENDA TlONS
it is
my
rec ommendation to hire a team of
exp erts
in their
p rofessional
fjeld. Five individuals
will make for a good team. A
lawyer
should be hired that is familiar with state and federal laws
regarding liquor.
A
marijuana growing exp ert
that is assoc iated. with a
major
seed bank should
be hired
along
with someone who has
exp erienc e c onsuming marijuana.
I would also
rec ommend
hiring a c hemist who c an turn
over"p roduc ed marijuana
into hash or hemp . Hemp
c an p roduc e c lothing, p etroleum p roduc ts, p lastic s, p ap er,
and muc h more.
L.astly,
I
00005878
recommend
h i ri ng me to
provi de
th e tech ni cal and busi ness
wri ti ng
and cQmmuni cati on
needed between each
proposed
i ndi vi duals fi eld and th e WSlCB.
GrantG
00005879
Washington
State
Liquor
Control Board
Febnwry 25,
2013
Duncan Grant
15014 Oak BluffCt
Houston,
TX 77070
Subject: Rejection
of
Respouse
to
Washington
State
Liqnor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr, Grant,
This letter is to inform
you
that
you response
to
Request
for
Proposals (RFP)
K430 has
beenrejecled
because it f iled to conform to RFP
requirements,
Section
3.2, Preparation
of
Proposals,
states in
part:
" ...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposerfrom
j
rthel
participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
failed to
complete
and submit the
following reqnired
items in
response
to RFP
K430:
Proposers
Authorized Offer, Proposer Information,
Subcontractor
Infomlatioll,
and Cost
Proposal. Furthermore, the Non-Cost
proposal
submitted
by
the
Proposer
is
vague
and
incomplete,
and
therefore unable to be evaluated in accordance with the
reqnirements
ofRFP K430.
Proposer
submitted
an incomplete
and
vague response
and is thus deemed
non-responsive
and
rejected
lom further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor Control Board. Tl s
measure is
being
taken to assist
you
in
preparing
future
responses. Tfyau
have
any questions, please
feel
ee to contact me
by phone
at
(360)
664-4526 or email at
jsf@ liq.wa.gov.
Sincerely,
~
l~~~tCoor
oator
cc: K430 Contract file
3000 Padfic Ave. SE,
PO Box 43090, Olympia
WA
98504-3090, (360) 664-1600, www,liq.wa.gov
00005880
Norton.
Melissa K
From:
Po~ted At:
Conver~ation:
Edwin
Tyler-Merrick <ectylermerrick@gmail.com>
Friday, February 15,
2013 12:20 PM
Emailing My Consulting Agreement.pdf
Subject:
RE:
Emailing My Consulting Agreement.pdf
John,
Yes,
this is a formal
response
to RFP K430.
Thank
you
for
your
time
E.T.M.
On Feb
15, 2013
3:10
PM,
"K430"
<K430@liq.wa.gov>wrote:
Edwin,
Please confirm if this is a formal
response
to RFP K430.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
From: Edwin
Tyler-Merrick [mailto:ectylermerrick@gmail.com]
Posted At:
Friday, February 15,
2013 10:15 AM
Posted To: K430
Conversation:
Emailing My Consulting Agreement.pdf
Subject: Emailing My Consulting Agreement.pdf
Hello,
My
name is Edwin
Tyler-Merrick.
I have
partnered
with Mr.
Ryan Dichiara, a UCF Graduate with a degree
in
Business
Management
and a focus on
entrepreneurship.
The
synergy
between
myself
and Mr.Dichiara
1
00005881
accompanied
with our combined black and
grey
market
experience totaling
over 30
year s , along
with
dealing
in
every as pect
ofthis market
, makes us
, very
excited to
pos s ibly
work on this
opportunity.
Sincerely
E.T.M.
2
00005882
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00005883
CONSULTING
CONTRACT
This
Agreement
is made
effective as of January
28, 2013, by
and between
The Washington
State
Liquor
Control Board,of
3000 Pacific Ave., Olympia,
Washington
98509,
and Edwin Tyler-
Merrick,
of 926 leonaId st.,
Altamonte Springs,
Florida 32701.
In this
Agreement,
the
party
who is contracting
to receive services
shall be referred to as
"(WSLCB)",
and the
party
who will be
providing
the services shall be referred to as
"E.T.M.".
E.T.M.
has a background
in The Cannabis Industry
and is willing
to
provide
services
to (WSLCB)
based on
this background.
(WSLCB)
desires to have
services provided
hy E.T.; M..
Therefore,
the
parties agree
as
follows:
1. DESCRIPTION
OF SERVICES. Beginning
on February
18,2013,
E.T.M. will
provide
the
following
services (collectively,
the "Services"):
Consulting
services, Operations
Risk
assessments, Logistical
Planning,
.Product assessment, Operations
assessment, Perspective Party
Assessments.
Hazardous Operations
Fami1
arity.
2.
PERFORMANCE
OF SERVICES.
The manner
in which the Services are to be performed
ancl the
specific
h urs to be worked by
E.T.M.
shall be determined by
E.T.M.. (WSLCB)
will
rely
on
E.T.M. to work as
many
hours as
may
be reasonably necessary
to fulfill E.T.M.s obligations
under this
Agreement.
3. PAYMENT. (WSLCB)
will
pay
a fee to
E.T.M. for the Services
based on $50.00 per
hour.
This fee shall be
payable
semi- monthly,
no later
than the Hrst and fifteenth day
of the month,
each
payment
corresponding
to the semi- monthly period
that
ended approx imately
fifteen clays prior
to
the
payment
date.
4. EXPENSE
REIMBURSEMENT.
E.T.M.
shall be entitled to reimbursement
from (WSLCB)
for all "out- of- pocket" ex penses.
5. SUPPORT
SERVICES. (WSLCB)
will not
provide
support
services, including
ofHce
space
and secretarial
services,
for the benefit of E.T.M..
6. NEW PROJECT
APPROVAL.
E.T.M. and (WSLCB)
recognize
that E.TM.s
Services will
include working
on
various proj ects
for (WSLCB).
E.T.M. shall obtain the approval
of
(WSLCB)
prior
to the commencement
of a new proj ect.
7.
TERMffERMINATIQN.
This Agreement
shall be effective for a period
of 8 months.
This is a RocketLawycr.cmn
document.
00005884
8. RELA TIONSIDP OF PARTIES. It i s unders t ood
by
t he
p a rt i es
t ha t E.T.M. i s a n
i ndep endent
cont ra ct or wi t hres p ect
t o
(WSLCB),
a nd not a n emp loyee
of
(WSLCB). (WSLCB)
wi ll not p rov i de fri ng e
benefi t s , i ncludi ng
hea lt h i ns ura nce benefi t s , p a i d
v a ca t i on, or
a ny
ot her
emp loyee
benefi t ,
for t he benefi t of E.T.M..
9. DISCLOSURE.
E.T.M. i s
req ui red
t o di s clos e
a ny
out s i de a ct i v i t i es or i nt eres t s , i ncludi ng
owners hi p
or p a rt i ci p a t i on
i n t he dev elop ment
bf
p ri or
i nv ent i ons ,
t ha t confli ct or
ma y
confli ct wi t h
t he bes t i nt eres t s of
(WSLCB). Promp t
di s clos ure i s
req ui red
nnder t hi s
p a ra g ra p h
i f t he a ct i v i t y
or
i nt eres t i s rela t ed, di rect ly
or i ndi rect ly;
t o:
_
a ny
a ct i v i t y
t ha t E.T.M.
ma y
be i nv olv ed wi t h on
beha lf of (WSLCB)
10. EMPLOYEES. B.T.M.s emp loyees ,
i f
a ny,
who
p erform
s erv i ces for (WSLCB)
under t hi s
Ag reement
s ha ll a ls o be bound
by
t he
p rov i s i ons
of t hi s
Ag reement .
,
.
11. RETURN OF RECORDS. Up on
t ermi na t i on
Qf
t hi s
Ag reement ,
E.T.M. s ha ll deli v er a ll
records , not es , da t a ,
memora nda ,
models ,
a nd
eq ui p ment
of
a uy
na t ure
t ha t a re i n B.T.M.s
p os s es s i on
or under E.T.M.s cont rol a nd t ha t a re (WSLCB)s p rop ert y
or rela t e t o (WSLCB)s
bus i nes s .
12. NOTICES. All not i ces req ui red
or p ermi t t ed
under t hi s
Ag reement
s ha ll be i n wri t i ng
a nd s ha ll
be deemed
deli v ered when deli v ered i n
p ers on
or dep os i t ed
i n t he Uni t ed St a t es ma i l, p os t a g e
p rep a i d,
a ddres s ed a s
follows :
IF for
(WSLCB):
The Wa s hi ng t on
St a t e
Li q uor
Cont rol Boa rd
Procurement
offi ce
Secret a ry
3000 Pa ci fi c Av e.
Olymp i a ,
Wa s hi ng t on
98509
IF for E.T,M,:
Edwi n Tyler- Merri ck
Jenni fer Tyler- Merri ck
Admi ni s t ra t i v e
As s i s t a nt
926 leona rd s t .
Alt a ma nt e Sp ri ng s ,
Flori da 32701
Such a ddres s
ma y
be
cha ng ed
from t i me t o t i me
by
ei t her
p a rt y by p rov i di ng
wri t t en not i ce t o t lle
ot her i n t he ma nner
s et fort h a bov e.
13. ENTIRE
AGREEMENT.
Thi s
Ag reement
cont a i ns
t he ent i re
a g reement
of t lle
p a rt i es
a nd
t here a re no
Dt her
p romi s es
or
condi t i ons
i n
a ny
ot her
a g reement
whet her ora l or
wri t t en. TIli s
fhi s i s a Rock et La wyer,com
document .
00005885
Agreement
s u p ers ed es
any
p ri o r
wri tten o r
o ral
agreements
between
the p arti es ,
14.
AMENDMENT.
Thi s Agreement
may
be mo d i fi ed o r
amend ed
i f the amend ment
i s mad e i n
wri ti ng
and i s
s i gned by
bo th
p arti es ,
15. SEVERABILITY.
If
any
p ro v i s i o n
o f thi s Agreement
s hall be held to be i nv ali d o r
u nenfo rc eable
fo r
any
reas o n,
the remai ni ng p ro v i s i o ns
s hall c o nti nu e to be v ali d and
enfo rc eable.
If a COUll
fi nd s that
any p ro v i s i o n
o f thi s Agreement
i s i nv ali d o r
u nenfo rc eable,
bu t that by
li mi ti ng
,
s u c h
p ro v i s i o n
i t wo u ld bec o me
v ali d and enfo rc eable,
then s u c h
p ro v i s i o n
s hall be d eemed
to be
wri tten,
c o ns tru ed ,
and enfo rc ed as s o
li mi ted ,
16. WAIVER
OF
CONTRACTUAL
RIGHT. The fai lu re o f ei ther
p arty
to enfo rc e any
p ro v i s i o n
o f thi s
Agreement
s hall no t be c o ns tru ed as a wai v er o r
li mi tati o n
o f that
p arty s
ri ght
to
s u bs eq u ently
enfo rc e
and c o mp el
s tri c t c o mp li anc e
wi th ev ery p ro v i s i o n
o f thi s
Agreement.
.
.
17.
APPLICABLE
LAW.
Thi s Agreement
s hall be
, go v erned
by
the laws o f the State o f
Was hi ngto n.
Party
rec ei v i ng
s erv i c es :
The Was hi ngto n
State Li q u o r
Co ntro l
Bo ard
By:
Pro c u rement
c o o rd i nato r
Party p ro v i d i ng
s erv i c es :
~wi n Tyler- l\ 1erri c ll
By:
Ad mi ni s trati v e
As s i s tant
Jenni fer Tyler- l\ 1erri c ll
Thi s i s a. Ro c ketLawyer, c o m
d o c u ment.
00005886


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I I I
00005887
Norton. Melissa K
From:
Sent:
To:
Su
ject:
Attachments:
K430
Monday, February 25,
2013 11:52 AM
Edwin
Tyler-Merrick (ectylermerrick@gmail.com)
WSLCB RFP K430 -
Rejection
Notification
K430_EdwinTylerMerrick_Rejection Letier.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@li
.wa.gov
1
00005888
. " , "
) ) . . . , ~ .
Washington
State
liquor
Control Board
February 25,
2013
Subject: Rejection
of
Response
to
Wasbington Stllte Liquor
Coutrol Board
(WSLCB)
Reqllest
for
Proposals (RFP) K430, Initiative 502
Consulting
Services
Dar Mr. Edwin
Tyler-Merrick,
This letter is to infonn
yOll
that
your response
to
Request
for
Proposals (RFP)
[(430has been
rejected
because it t aned to conform to RFP
requirements.
Section
3. 2, Preparation
of
Proposals,
states in
part:
" . . . Incomplete or
vague responses may
be considered
non-re. \ ] lol1sive
and
may
be
I qjected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualifjl
the
Proposer from
jitrt" er participation
in tMs RFP. . . "
It is the sole
responsibility
ofthe
Proposer
to u\ lderstand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
t aned to
complete
and submit the
following required
items in
response
to RFP .
K430:
Proposer s
Authorized
Offer, Proposer Information, Subcontractor Infoffililtion, Letter of
Submittal,
Non-Cost
Proposal
and Cost
Proposal. Proposer
submitted an incomplete
and
vague response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
LiquOl
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
tree to contact me
by phone
at
(360)
664-4526 or email
atjsf@lq. wa. gov.
Sincerely,
~ /
cc: [(430Contract lilc
3000Pacific Ave.
SE, PO Box43090, Olympia
WA
98504-3090, (360) 664-1600, www. liq. wa. gov
00005889
Norton. Melissa K
From:
Posted At:
Conversation:
evergreenthc@comcast.net
Tuesday, February 05,
2013 10:59 AM
RFP-K430
Subject:
Re: RFP-K430
From: evergreenthc@comcast.net
To:
lebbids@liq.wa.qov
Sent:
Monday, February 4,20136:33:26
PM
Subject:
RFP-K430
WSLB RFP-K430 BID REQUEST
If
you
have
questions please
call Dean Neal at 253 314-6006
Everqreenthc@comcast.net
1
00005890
February 7,
2013
Contract Number K430
For Initiative 502
Consulting
Services
Between the
Washington
State
Liquor
Control Board and Ever Green THC
This Contract is made and entered into
by
and between the
Washington
State
Liquor
Control
Board,
hereinafter referred to as the
"WSLCB",
and the
below named
Company,
hereinafter referred to as "Contractor",
for the
purpose
of
providing
Initiative 502
Consulting
Services.
(Ever
Green
THC)
I
(Dean Neal)
will consult the State of
Washington
on
rules and
regulations advising
the state with
my
10
years
of
experience
growing many
strains of Cannabis. I will assist with
growers
and
producers
and
packaging
rules for the
following
conditions.
1.
Consulting
fee
per
hour is
$125.00, plus
all extra
charges
that
may
accrue for
implementation
of rules i.e.
(lab cost, travel, packaging
development,
and all other third
party cost).
2. When the
consulting
rules have been set
up
I will be licensed for
growing
and
producing
eatables and cannabis
byproducts.
3. Terms of
payment
will be net 30 with a
startup
fee of
$20,000.00
to be
used as
payment
for the first 20
working days
and then on an
hourly
payment
schedule thereafter.
In return the state of
Washington
will receive unbiased
consulting
information to set
up
the new I 502 rules. The state will have a
program
that
will look
something
like this:
.
Every
acre of land will
produce approximately
50 lbs. or 600 lbs.
per
year
of
premium
medical cannabis with THC content of 18
-
50
plus
percent
based on
commodity.
.
Washington
State will make 1.4 million dollars at a 25%
grower
tax
and 25% retail based on the for mentioned conditions or 2.8 million
dollars
per year
in
revenue.
. Retailers and Growers will make
approximately
the same
(gross)
not
including expenses.
. Based on the for mentioned conditions each acre of land will
employ
eight people
with
high paying jobs
to
grow
and the retailers will need
00005891
about the
same
per year.
That is sixteen
persons employed per year
(not including eatables)
or 12,800 people employed j ust
in the
growing
farms and retail alone.
. This would start 800 one acre
growers
or small businesses.
. The amount of Cannabis
Washington
will need is
approximately
500
thousand
pounds
per year
and double with eatables and
byproducts.
The
price
of bud
per gram
with taxes will be
approximately
$15.00 to
the consumer.
For further consideration
give
me a call to
set-up
an
appointment
at 253314-
6006 or
www.evergreenthc@comcast.net.
Sincerely,
Dean Neal- EverGreen THC
Pierce
County,
a 40
year
resident and constituent of
Washington
the
Evergreen
state.
00005892
Norton,
Melissa K
From:
Sent:
To:
Cc:
Subject:
Attachments:
Berni,
William J
Tuesday, February 12, 2013 8:05 AM
Farley,
J ohn
S; Cunningham,
Katie M
McCall,
Karen J
FW: J obs, J obs, J obs
LCB BID.docx
J ohn or Katie,
did this individual
actually
submit a bid? Dean mentioned that he withdrew his
proposal.
Thanks
From:
McCall,
Karen J
Sent:
Monday, February 11,
2013 7:57 AM
To:
Berni,
William J
Subject:
FW:
J obs, J obs,
J obs
For
you,
sir.
Karen
From: dneaI88393@comcast.net
[mailto:dneaI88393@comcast.net]
Sent:
Friday, February 08,
2013 6:44 PM
To: rules
Subject: J obs, J obs,
J obs
We sure could use more
jobs
take a look at this
proposal
I have submitted for the consultant
position.
Because of
your
rule on the consultant not
being
able to
get
a
producers license,
I am with
drawing my
bid, But I need
you
to know what
my
ideas are because I feel
they
are
important. (800
small businesses and
12,800 employees)
Lets
grow
cannabis and
help
the
unemployed
with
good paying jobs
Dean Neal #31 st District
253314-6006
1
00005893
Norton,
Melissa K
From:
Posted At:
Conversation:
Justin Williams
<growupdenver@gmail.com>
Sunday, February 10,
2013 9:59 PM
K430 INITIATIVE 502 CONSULTING SERVICES
Subject:
K430 INITIATIVE 502 CONSULTING SERVICES
Grow
Up
Denver
Consulting Proposal
is attached
.
Thank
you
Grow
Up
Denver
Justin Williams
720-326-6826
1
00005894
Grow
Up Denver, LLC,
Justin Williams
(303) 726-6826
growupdenver@gmail.com
This is In
reply to the State of
Washingtons request
for an expert in the field of
marijuana horticulture, I am
currently a
gro.wer
for
multiple
medical
marijuana facilities In
Denver;
in
addition, to an owner of an urban
grow
consulting company
in Colorado, I work with a team of
growing, harvesting, processing (Hash), edibles infuser and lab
testers who have worked with me from the
beginning
of the Medical
Marijuana Industry (MMJ) In Colorado and now the
expansion
Into recreational, During the
forming
of Colorados Medical
Marijuana
laws I
participated as a speaker
to the
Colorado House of
Representatives
for
providing information on growing
medicinal
marijuana, My
team and I have
worked with the Colorado Medical
Marijuana task force and
currently
with the Amendment 64 recreational task force
on how laws should be established and enforced,
My growing experience:
I have been
growing for 15
years,
6 of those
years
have been In the Medical Marijuana
field, I have won awards
Including kushcon 2 for highest thc and also
consistently placed
In the
top
three for a patient
and
Industry voted
competition at a patient meet and
greet. I have also been
published
for
my growing techniques
In
many growing blogs
and have built a reputation on clean, potent cannabis, With
my experience growing In Colorado
Medical
Marijuana
in
S,OOOsqf~100,OOOsqf
warehouses I have a varied and
deep
unders~anding
regarding how to
commercially produce
and maintain a high level of
quality
and
proper
cleanliness.
Currently, I consult on 6
grows
while
maintaining multiple large 1600sqf
and
SOOOsqf grows
for dispensaries, We are
very knowledgeable on
nutrients/ fertiliz ers, pesticides, herblcJdes, fungicides
and how to use these items in a safe manner. We
currently own a
nutrient
company,
Mile
High Nutrients; however, it is not public
due to inner
industry
demand. We have
grown using
most methods and have
Insight on which methods are most economical, efficient and
commercially
viable.
F inally,
I
have 7 years experience breeding cannabis and a full
understanding
of cannabis
genetics, properties
and effects.
The team;
We have a complete package
of Cannabis
industry professionals. Everyone
Is an industry business
owner,
leader or
expert
in their field.
We
have;
Myself-.Growl Management
Edibles/ Infused Products
expert
Hash/ Extraction expert
Lab
Testing Company
with Licensed Technicians
Lawyers
for Colorado MMJ and Recreational Law
Business operations specialist
Marketing
and internet marketing companies/ web
site
experts
~
"
F ormatted= Left: 0.5", Right: 0.5", Top: 0.5",
Boltom: 0.5"
00005895
Quality control s p e cialis t
T og e th e r we cove r th e total
s p h e re
of th e Cannabis
ind us try.
~We
are active ly
involve d in th e rule making
of Colorad o
Re cre ational Cannabis and all we re active ly
involve d in th e rule making of th e Colorad o MMJ Ind us try.
T h e te am at Grow
up D. e nve r h as
e xp e rie nce
in
e ve ry
ne e d th at th e State of
Was h ing ton
would
re quire to ans we r
any que s tion re g ard ing
th e curre nt Cannabis
ind us try.
T h e Grow
up
De nve r te am Is
comp os e d
of long time
ind us try le ad e rs , includ ing s ome
be fore MMJ and le g aliz e d cannabis , allowing
for
Ins ig h t
into h owth e "black marke t" will re act to th e ne wlaws .
T h ank
you
Prop os al;
I fe e l th at to as s is t In th e rule making of
Was h ing t~n s
Marijuana law,
would
re quire roug h ly;
40 h ours
p e r
we e k of
d ig ital
communication from various te am me mbe rs ,
80 h ours
p e r
we e k of various work
(re s e arch , p ap e rs ,
fig ure s e tc,) 20 h ours
p e r
we e k te am me e ting s , trave l and trave l
e xp e ns e s .
For acce s s to th e e ntire
g rowup
De nve r te am and th e re s ource s we h ave built
th roug h
th e
many ye ars
of h ard work in
th e
bud d ing
Ind us trie s , For th e
ability
to h ave
ins ig h t
into h owand wh e re th e cannabis
Ind us try can g o.
I be lie ve th at
th e cos t to d o th is cons ulting job
is
ap p roximate ly, $650,000 for one
ye ar d e p e nd ing on th e
availability ne e d e d ,
with th e
ability to re ne g otiate
afte r th e firs t
ye ar. Obvious ly
th e firs t
ye ar
will be th e mos t time cons uming
and labor inte ns ive ,
th is is accounte d for in th e
quote .
In ad d ition, if
p os s ible
I would be
willing to
arrang e
a Skyp e me e ting
wh e re I would be able to walk
you th roug h one
of
my
me d ical
marijuana g rows ,
tour s ome of th e
p roce s s ing rooms and ans we r
any que s tions you may
h ave in
p e rs on.
T h ank
you
for
your
time .
Since re ly,
Jus tin Williams For Grow
Up
De nve r
00005896
Norton.
Melissa I(
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 11:53 AM
growupdenver@gmail.com
WSLCB RFP K430
-
Rejection
Notification
K430_Grow Up Denver_Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting
a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
1
00005897
Washington
State
Liquor
Control Board
February 25,
20!3
Snbject: Rejection
of
Response
to
Washington
State
Liquor
Contl.o! Board
(WSLCB)
Reqnest
fOf
Proposals (RFP) K430,
Initiative 502
Consulting
ServIces
Dear Mr. Justin W
imns,
This letter is to infonn
you
that Grow
Up
Denvers
response
to
Request
for
Proposals (RFP)
K430 has
been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
f
...IncomjJlete or
vague response.\ may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and s bmit the
required
items listed in this section
may disqualifY
tlte
Proposerfrom
further participation
in this RFP...
"
It is the sole
responsibilty
of the
Proposer
to understand the RFP
requirements
atld ensure theil
Proposal
is
complete.
Grow
Up
Denver t i1ed to
complete
and s bmit the
following required
items in
response
to
RFP K430:
Proposers
Authorized Offer, Proposer Infonnation,
Subcontractor
Infol111atiol1,
Non-Cost
Proposal
and Cost
Proposal.
Grow
Up
Denver submitted an
incomplete
and
vague response
and is thus
decmed
non-rcsponsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparingfuture rcsponses,
If
you
have
any questions, please
feel
free to contact 111e by phone
at
(360)
664-4526 or email at
jsf@ liq.wa.gov.
Sincerely,
oI"F"
"
~
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave,
5E,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.llq,wa.gov
00005898
























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00005899



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00005901

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00005902
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 11:55 AM
.buschmann.driptronic.com@googlemail.com.
WSLCB RFP K430 -
Rejection
Notification
K430_HansJochenDethlefs_Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
dOing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
1
00005903
Washington
State
Liquor
Control Board
F
eb lllary 25,
2013
Hans-Jochen Dethlefs
*19.01.1968 Berlin
Lindenallee 20A
15834
Rangsdorf
Germany
Sub ject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RI1P) K430,
Initiative 502
Consulting
Services
Dear Mr. Dethlefs,
This letter is to int lflTI
y ou
that
y our response
to
Request
for
Proposals (RFP)
K430 has b een
rejected
b ecause it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
ff...lncomplete
or
vague responses may
b e considered
non~resporlsive
and
may
b e
rejected.
Failure
to
complete
and sub mit the
required
items /isted in this section
may disqualify
the
Proposerfrom
fllY ther participation
in this RFP..."
It is the sole
responsib ility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
failed to
complete
and sub mit the
following required
items in
response
to RFP
K430:
Proposers
Authorized Offer, Proposer Information,
Sub contractor Information,
Non-Cost
Proposal
and Cost
Proposal. Proposer
sub mitted an incomplete
and
vague response
and is thus deemed
non"responsive
and
rejected
from further
partieipat
on in this RFP.
Thank
y ou
for
y our
interest in
doing
b usiness with the
Washington
State
Uquor
Control Board. This
meaSllle is
b eing taken to assist
y ou
in
preparing
future
responses. lfy ou
have
any questions, please
feel
free to contact me b y phone
at
(360)
664-4526 or amail at
jsf@liq.wa.gov.
~
.~~~~urel~:rJt
C~
cc: K430 Contract file
3000 Pacific Ave. SE,
PO Box
43090, Oly mpia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005904
Norton.
Melissa K
From:
Posted At:
Conversation:
Jason Dixon
<paperspro@gmail.com>
Friday , February 01, 2013 5:26 PM
1-502
Consulting
-
Top
Candidates
Proposal
Subject:
1-502
Consulting
-
Top
Candidates
Proposal
To: Procurement
O f f icer( s) ,
Please see the attached
proposal,
I f eel conf ident
y ou
will f ind I am the obvious choice f or this
proposal. My
wif e,
who is 49% owner of
Grey
Market
Consulting
is a f emale
minority as she is f rom Cebu
Philippines. My
experience
in
cultivation, distribution,
grey
market
sy mantics,
as a multiple
business
owner,
store
owner,
and as
a medical
marijuana patient
f or over 20
y ears, y our
decision would be
respected
and
undisputed.
Sincerely ,
Jason Dixon
President I CEO
Grey
Market
Consulting
RollingPapers.com
lliillerspro@gmail.com
2 attachments:
proposal
photo
of
proposed
consultant
1
00005905
02-01-2013
SUBJECT: RFP - 1-502
Implementation Consulting
TO: Procurement Coordinator
WA St.
Liquor
Control Board
/ 3000 Pacific Ave / Olympia,
WA 98504
Regarding
the
Consulting
Services
Required,
As the President
/ CEO of
RollingPapers.com
20+
years
of
knowledge
and
expertise
would serve vital to
the needs of 1-502
compliance.
Prior to this I owned and
operated
several "head
shops" dealing
in all
kinds of
pipes, vaporizers,
and accessories.
Business insurance costs me
nearly $400.00
per month,
and I have learned how to
purchase
insurance
for
non-typical
businesses and I d
challenge your
other considerations to meet this
requirement.
In the 1990 s I
developed
vast
experience cultivating marijuana
in
Montana,
I have
precise experise
in all
methods of cultivation
including soil, hydroponic, indoor, outdoor,
and have
kept up
on the latest
methods such as
aquaponics.
Previously having
been convicted of cultivation and sales of
cannabis,
I have
spent many years studying
and
researching
the idealistic details of all
aspects
of
legality,
ideal methods which should be
implemented upon
the actions of a state
legalization
etc.
Harvesting, curing,
and
processing
have
great
intricacies to
prevent mold, contamination, toxicity,
and
my intensity
in these areas would be almost clinical in
regard
to
professionalism
and
simplicity
while
maintaining policies
which would be
extremely
difficult for even the most astute
experts
to
dispute.
Minimizing
state liabilities would be a priority.
Packaging, labeling,
and
transportation
are also
important.
The relative
high
value of the
products
involved can create
security concerns and I am a
professional
and
qualified expert
in these fields as well.
The use of laboraties to test for
contamination,
and
potency
tie
directly
into the data
harvesting.
As a
software
engineer
and
computer programmer having
studied at Montana Tech of the
University
of
Montana I would also be able to
provide
directive as to the data collection
regarding distributors,
retailers, suppliers,
and
genetics or strain statistics.
Forecasting useage
and
consumption
is
perhaps
an area which I could be considered
among
the nations
premier experts
for several
reasons; first,
I ve first hand studied statistics for well over a decade
regarding
the %of adult
smokers,
their volume and intake
averages,
and the variances between
occasional smokers and
daily
chronic users. As a former
Regional
Sales
Manager
for several tobacco
companies,
I have
experience
in volume
forecasting
and can effectively provide consulting
about
usage
and
consumption.
As a Montana medical
marijuana
card
holder,
and
having grown up
and
spent
most of
my
life
living
in
.
00005906
Washington
State
including Lynnwood, Spokane, Bellingham, Blaine,
and
Liberty
Lake I am also a
qualifying
medical
patient having
used
marijuana
for over 20
years
to deal with PTSD and Muscle
Spasms resulting
from 3 broken
ribs,
I am also
qualified as a quality
consultant from a consumers
perspective.
Having
been encarcerated for Cultivation and
Delivery
of
Marijuana
in the
past,
I have
mentally
developed
well
planned
consultation advices
regarding regulation
in all
regards Local, State,
and Federal
and have
intensely
studied and researched these concerns in
depth
for over 15
years.
My consulting proposal
is as follows:
$8,000.00/ month for a 1
year
contract
$10,000.00/ month for a 3
year
contract
With this contract
procurement,
I would
immediately
relocate to
Washington
State and
completely
immerse
myself bringing
forth
my expertise
and idealism into the realm of
your
needs and
requirements.
With an I Q of
136, a
proven developer
of business
systems
and
symantics, you
will not
find a more
qualified
consultant as well rounded as I .
I
graduated
from Lewis & Clark
High
School in
Spokane Washington
in 1997.
My
Mother is a retired
Washington
State DOC
employee. Having
been a truck
stop
General
Manager,
and
having run tobacco
outlets I
possess
the
expertise
also in
age
verifications
systems, checks,
and
requirements, an area
perhaps
overlooked
by
most.
My
Father is the clinical director of the Port of
Hope
in CDA I daho. I n
addition I am a
qualified public speaker having graduated
from the Western
College
of
Auctioneering
and
perhaps my experience
as an auctioneer could be useful in the
development
of distribution
optimization
when the
competition among
retailers could be used to determine
pricing.
Just
imagine,
if
you
announce the
President/CEO
of
RollingPapers.com
as the chosen state
consultant,
it
will click
immediately
in
everyones
minds that
you
have indeed chosen a qualified
candidate for this
position.
There will be no
question
or debate,
it will be obvious that
you
made a wise decision.
I should also
mention, my
wife is a Female
Minority.
She is a
Filipina
from Cebu
Philippines
and is 49%
owner of
my consulting company.
Sincerely,
Jason Dixon
Grey
Market
Consulting
Paperspro@gmail.com
00005907
00005908
00005909
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 11:55 AM
Jason Dixon
(paperspro@gmail.com)
WSLCB RFP K430
-
Rejection
Notification
K430)ason Dixon_Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430-Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00005910
Washington
State
liquor
Control Board
Febmary25,2013
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
fol
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr. Jason
Dixon,
This letter is to infonll
you
that
Grey
Market
Consultings response
to
Request
for
Proposals (RFP)
K430
has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2, Preparation
of
Proposals,
states iu
part:
" ...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete and submit the
required
items listed in this section
may disqualify the Proposerfrom
further participation
in this RFP...
"
It is the sole
responsibility
oCthe
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
.
Grey
Market
Consulting
failed to
complete
and submit the
following required
items in
response
to RFP K430:
Proposers
Authorized
Offer, Proposer Information,
SUbColltraetor
Information,
Non-Cost
Proposal
and Cost
Proposal. Grey
Market
Consulting
submitted an
incomplete
and
vague
response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Tl s
measnre is
being taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
fee!
free to contact me by phone at
(360)
664-4526 oremail
atjsf@liq.wa.gov.
~
Procurement Coordinator
CC: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600,
www.l
q.wa.gov
00005911
Norton, Melissa K
From:
Posted At:
Conversation:
john
carroll
<deepsnowfastwater@gmail.com>
Friday , February 15,
2013 1:36 PM
K430 John Carroll
Agronomy
Services
Subject:
K430 John Carroll
Agronomy
Services
Please fins attached
category !
document
RFP K430 Submittal Document will not
open
on
my computer.
John Carroll
625 s Machias Rd
Snohomish WA 98290
2067089658
1
00005912
Category
1- Product and
Industry Knowledge
A b i li ty, capaci ty
and ski lls
I have b een
acti vely engaged
i n commerci al horti culture and
agri culture
si nce 1980.
My
current
posi ti ons
are chi ef
agronomi st
for Tree Free Bi omass
Soluti ons,
Seattle
Washi ngton,
and seni or
agronomi st
for Ti b b ar
Energy,
located i n St.
Croi x,
USVI and
Vi aspace,
located i n
Irvi ne,
Cali forni a.
My
current
projects
i nvolve the
desi gns
and
i mplementati on
of b i omass farms
produci ng green
electri cal
energy.
The
average producti on
of the farms
range
b etween 7 to 50
megawatts
constant
producti on
and
are seen as a vi ab le alternati ve to fossi l fuels. Pri or to
my
extensi ve
consulti ng
servi ces I was a full ti me
horti culture i nstructor for Edmonds
Communi ty College. My assi gnment was teachi ng
adult b asi c
educati on or A BE and theme b ased horti culture i n a maxi mum
securi ty,
closed
custody
mental health
faci li ty
at the Monroe Correcti onal
Command,
Monroe WA .
Duri ng
thi s
teachi ng assi gnment
I was
exposed
to
systems securi ty
and the vari ous
protocols
i n
place
to ensure total
accountab i li ty.
I have
reli ed on the
securi ty
ski lls and
trai ni ng
recei ved at the State
Reformatory.
A t that ti me I had a WSP
securi ty
clearance. I mai ntai n a clean
b ackground
due to
my frequent
travel to Central A meri can
countri es as an agronomi st
and consultant.
The
majori ty
of
my consulti ng experi ences are not on US
soi ls, so I have an
opportuni ty
to ob serve
cultures wi th di verse
b ackgrounds. Some of
my
work as a
plant
sci enti st i s to
study
ethno- b otani cal
uses of
plants
and herb s. I had focused
speci al
attenti on to the cultural
manufacturi ng
and end use of
Cannab i s sati va. Thi s was fi rst ob served i n 1978 i n
Hanalei ,
Hawai i and held
speci al
fasci nati on of thi s
uni que
counter-culture. Si nce that fi rst ob servati on of a somewhat vi ab le
agri cultural underground
commodi ty
to i ts
present day
status as a legal
medi ci nal
crop,
I have
kept
current wi th all
organi c,
low
i mpacti ng
and sustai nab le
producti on
methods. I am
very
fami li ar wi th the
geneti c selecti on,
propagati on, culti vati on, harvesti ng, curi ng
and
dryi ng processes
of C. sati va and i ts culti vars. Most of
my
sci enti fi c studi es i nvolve
post-harvest
control measures for
agri cultural
commodi ti es. I take
speci al
i nterest i n thi s area.
A n
acquai ntance
of mi ne manufactures edi b les and loti o ns concocted from Cannab i s extracts.
They
are
i n demand at most ofthe
pharmaceuti cal di spensari es
i n
Washi ngton
State. He hi red me as a consultant
to ensure he was
compli ant
wi th certi fi ed
organi c practi ces.
Because of
my pri or
studi es wi th
post-
harvest controls and health concerns from ai r and surface b orn
contami nants,
I was ab le to
desi gn
a
sani tary
cold
press system
whi ch removed
plant
extracts wi th mi ni mal ti ssue
damage
and loss of
essenti al oi ls. I have
helped
wi th the
desi gn
and constructi on of vari ous
systems
whi ch
process
Cannab i s
i nto
ti nctures, loti ons, lozenges
and
b everages.
I have
personally
made
many prototypes
of the vari ous
medi ci nal concocti ons
relyi ng totally
from certi fi ed
organi c sources.
Post-harvest controls and
handli ng measures for C. sati va would b e si mi lar to those used i n the
speCi alty
tob acco
i ndustry.
The
major
di fference
b ei ng
the level of
securi ty
i ssued. A
key component
i s to
mai ntai n a hi gh
level of
securi ty
and
accountab i li ty throughout
the enti re
process,
seed to fi nal sale.
Speci ali zed locki ng
contai ners wi ll b e
requi red, clearly stati ng contents,
volumes or
wei ghts
and a scan
tag
whi ch follows the
product
from
manufacturi ng
to fi nal sales. The
product
must b e stored at
00005913
consistent
temperatures
and
humidity. Therefore,
al l
handl ing, processing, transportation
and
distribution must be under some form of a control l ed,
secured environment. I woul d advise that al l
growing
containers be standardized and have scan
tags. They
woul d be issued with
permits
to the
individual
growers. Legal pl ants
woul d be identified
by
the scan
tags
on each container. I f
pl ants were
fiel d
grown,
a
special ized tamper
and weather
proof
scan
tag
woul d be issued to each l icensed fiel d
grown pl ant.
With scan
tags
one coul d fol l ow and al l
products through
its l ife
cycl e
and al so
predict or
forecast
yiel ds
and avail abil ities. Final end
products may
contain bl ends of various
origins.
Scan
tags
wil l
monitor accurate detail s of where
something came from,
who were the
grower or
processors
and al l
post-harvest
conditions
experienced by
the
product.
Al l final sal es wil l have a scan
tag
or bar code
attached to final sal es vessel which wil l
compl ete product history.
When
product
is stored in
l arger
vol umes a GPS devise and data
l ogger
wil l be used to track and monitor
products
environmental
conditions and l ocations at al l times. Shoul d there be
any
issues with
product safety
one woul d be abl e
to
identify
the
history
of the defective
product,
determine its l ocation or point
of sal e and issue
defective
product
recal l notic s. The defective
product.coul d
be
contained, l ogged
back into the data
col l ection
system
and
destroyed by high temperature
incineration. This woul d
compl ete product history
and
suppl y accountabil ity continuousl y through
the
product I ifecycl e.
Experience
I have had extensive
experience growing
food and ornamental
crops throughout
the
temperate
and sub-
tropical regions.
I have seen
many
Cannabis
growing procedures
in Central
America, Thail and,
China and
Hawaii. I was exposed
to current
technol ogies
of Cannabis cul tivation whil e in the Netherl ands. I am
wel l aware of
post-harvest
issues as wel l as growing
and cul tivation
protocol s.
I understand the val ue of
strict
sanitary
and cul tural habits in not
onl y
the
growers methodol ogy,
but in
every step
of the
products
l ife
cycl e.
I have more than 15
years experience
in al l
aspects
of Cannabis cul ture.
Team Structure
My consul ting
service consists of
just mysel f.
I f outside
experts
are needed to resol ve an issue I woul d
partner
with the
University
or other outside
expert.
This col l aboration between other
professional s
woul d
onl y
be util ized in
special
cases. For the most
part,
I wil l be
rel ying on
my
own judgment
and that
of
my superiors.
Staff Qual ifications
John
Carrol l ,
Chief
Agronomist
for Tree Free Biomass
Sol ution,
Senior
Agronomist
for Tibbar
Energy,
St.
Croix, USVI ,
Head
Agronomist,
VI ASPACE
I NC, University
of Hawaii
Col l ege ofTropical Agricul ture.
00005914
00005915
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 11:57 AM
deepsnowfastwater@gmail.com
WSLCB RFP K430 -
Rejection
Notification
K430)ohnCarroIIAgronomyServices_Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
1
00005916
Washington
State
Liquor
Control Board
February 25,
2013
John Carroll
Jolm Carroll
Agronomy
Services
625 S. Machias Rd.
Snohomish, W A 98290
Subject: Rejection
of
Response
to
Washington
State L
qllor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Carroll,
Tlus letter is to infonn
you
that Jolm Carroll
Agronomy
Services
response
to
Request
for
Proposals
(RFP)
K430 has been
rejected
because it t iled to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
"..
.Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items /isted in this section
may disqualify
the
Proposer from
fitrther participation
in this RFP..."
It is the sole
responsibility
oflbe
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
.JohnGarroll
Agronomy
Services failed to
complete
and submit the
following required
items
in
response
to RFP K430:
Proposers
Authorized
Offer, Proposer Information, Subcontractor
Information, Non-Cost
Proposal
and Cost
Proposal.
fohn Calloll
Agronomy
Services submitted an
incomplete
and
vague response
and is thus deemed
non-responsive.
and
rejected
from furtber
participation
in this REP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
futme
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 01 email
atjsf@liq.wa.gov.
= Sf",~
oho
".d"
~
Procurement Coordinator
cc: K 430 Contract file
3000 Pacific Ave.
SE,
PO Hox
43090, Olympia
WA
98504-3090, (360) 664-1600, wwwJlq.wa.gov
00005917
























_










































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00005918
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00005919
< . . .
------~ -- ----
,
00005920
Washington
state
Liquor
Control Board
February 25,
2013
Jolm Pmtlow
Pacific Nolthwest Medical Cannabis Association
S22
Hwy
395 S.
Suite 206
Henniston, OR 97838
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Reqnest
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr. Partlow,
This letter is to inform
you
that
your response
to
Request
tor
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation ofPraposals,
states in
part:
"...
Incomplete
or
vague responseS may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items /isted in this section
may disqualify
the
Proposer from
filllher participation
in this RFP..."
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
failed to
complete
and submit the
following required items in
response
to RFP
K430:
Proposers
Authorized Offer, Proposer Information, Subcontractor Information,
Non-Cost
Proposal
and Cost
Proposal. Proposer
submitted an incomplete
and
vague response
and is thus deemed
non-responsive
and
rejected
from further
pruticipation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Tl s
measure is
being
taken to assist
you
in
preparing
future
responses. Tfyon
have
ruly questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email
atjsf@liq.wa.gov.
co: K430 Contract file
3000 Pacific Ave. SE,
PO Box
43090, Olympia
WA 98504-3090, (360) 664-1600, www.liq.wa.gov
00005921
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00005925
Washington
state
Liquor
Control Board
February 25,2013
Louis Bouchaud
6 Rue du Cedre
78100 SI Germain
France
Subject: Rejection
of
Response
to
Washiugton
State
Liquor
Control Board (WSLCB)
Request
for
Proposals (IUP) K430,
Initiative 502
ConslIlting
Services
Dear Mr. Bouchaud,
This letter is to infonn
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
.
becausc it was not received before the
required
due date and time.
Statewide
cO lllraeting policy promotes open
and effective
eompetit :m and the
equal
treatment of all
proposers by frrmly mandating
that the
acceptance
of late
proposals
is
prohibited.
In accordance with
Washington Administrative Code
(WAC)
200,300,025:
"...All bids must be received in the
office of
the
purchasing activity by
the dale and time
specified
in the document or addemla. No deviations will be allowe
...
"
Responses
to RFP K430 were due on or before 2:00
p.m.
011 FehlUaly 15,2013.
As
partially
stated in
Amendment 2 to RFP K430:
"Complete Proposals
must be received
electronically on or
before
Februarv J
5,
2013 at 2:00PM
(PTi..."
It is the sole
responsibility
of the
Proposer
to understand the RFP
reqnirements
and ensure their
proposal
is submitted on time. The WSLCB received
Proposers proposal
in the mail on
FeblUary 20,2013.
Proposer
failed to submit the
proposal
on time and is thus deemed
non,responsive
and
rejeeted
from
further
participation
in RFP K430.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. If
you
have
any questions, please
feellee to contact me
by phone
at
(360)
664-4526or email at
jsf@ liq.wa.gov.
Sincerely,
~7
Procurement Coordinator
cc: K430 Contract file
PO Box
43090,
3000 Pacific Ave.
SE, O lymp a WA 98504,3075, (360) 664-1600, www.liq.wa.gov
00005926
Norton,
Melissa I(
From:
Posted At:
Conversation:
Maichol. <maicholmasci@live.it>
Friday , February 15, 2013 2:51 PM
REQUEST
FOR PROPOSALS
(RFP)
K430 INITIATIVE 502 CONSULTING SERVICES
Subject: REQUEST
FOR PROPOSALS
(RFP)
K430 INITIATIVE 502 CONSULTING SERVICES
Dear Sir.
We are two italian
guy ,
we have 22
y ears
and are studentjworker
,
we would be honored to work for the State of
Washington
about K430 INITIATIVE 502 CONSULTING SERVICES.
We have all the
expirience y ou
need. We can
grow,
analize
,
solve all kind of cannabis
problem, cocking.
I
hope y ou ll
answer. We are avaible for an
expirience,
we can start whit a few
day s
of notice.
Thank
y ou
Maichol Masci and Leonardo Galardini
1
00005927
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Frid ay , February 22,
2013 3:19 PM
Maichol.
WSLCB RFP K430
-
Rejection
Notification
K430_Rejection Letter_Maichol Masci.pd f
Good
Afternoon,
Thank
y ou
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accord ance with the attached
letter,
the WSLCB must
reject y our response.
Thank
y ou
for
y our
interest in
d oing
business with the
Washington
State
Liquor
Control Board . Please feel free to contact
me if
y ou
have
any questions
or need ad d itional information.
Thank
y ou,
John
Farley
Procurement Coord inator
K430@liq.wa.gov
1
00005928
Washington
State
liquor
Control Board
Febmary 22,
2013
Subject: Rejection
of
Response
to Washington
State
Liquor
Coutrol Board
(WSLCB)
Request
for
PlOposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Masci,
TIlis letter is to infoo11
yOU
that
your respons.e
to
Request
f r
Proposals (RFP)
K430 has been
rejected
because it was not received before the
required
due date and time.
Statewide
contracting policy plOmotes open
and effective
competiton and the
equal
treatment of all
proposelS by firmly mandating
that the
acceptance
of late
proposals
is
prohibited.
In accordance with
Washington
Administrative Code
(WAC)
200-300-025:
"...All bids must be received in the
ojjce of
the
purchosi g activity by
the dale and time
specified
in the document or addenda. No deviations will be allowed...
"
Responses
to RFP K430 were due on or before 2:00
p.m.
on Febl\ lary 15, 2013. As
paltially
stated in
Amendment 2 to RFP K430:
"Complete Proposals must be received
electronically on or bef re February
J 5, 2013 at 2:00PM
(P12...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensme their
proposal
is submitted on time. The WSLCB received Mr. Mascis
proposal
in the
lcbbids@liq.wa.govinboxon
February 15,
2013 at 2:51
p.m. (PT).
Mr. Masci failed to submit his
proposal on time and is thus deemed
non"\ esponsive
and
rejected
from further
participation
in RFl K430.
Thank
you
for
youl interest in
doing
business with the
Washington
State
Liquor
Control Board.
Tfyol!
have
any questions, please
feel free to contact me by phone
at
(360)
664-4526 or cma at
jsf@liq.wa.gov.
Sincerely,
cc: K430 Contract file
PO Box 43090, 3000 Pacific Ave.
SE, Olympia
WA
98504, (360) 664-1600, www.llq.wa.gov
00005929
Norton,
Melissa K
From:
Posted At:
Conversation:
Terry
Schmidt
<terry@managementpro.com>
Friday, February 15, 2013 2:13 PM
RFP -
K430, ManagementPro.com
Subject:
RFP -
K430, ManagementPro.com
Greetings,
I t is our pleasure
to submit a
proposal
to
provide consultingassistance
for
implementation
of
Washington State 1-502
requirements.
We have submitted all
required
information into a single
document.
We have also submitted
proposed
contract
exceptions.
We look forward to
being
of assistance in this
important project.
Sincerely,
Terry
Schmidt
Founder and President
ManagementPro.com
MP
MANAfilil:MEtmRO
10758
Country
Club Lane S.
Seattle WA 98168
Ph 206-433-0700
1
00005930
Proposal
to the
Washington
State
Liquor
Control Board
for
Consulting
To Assist
Implementation
of
Washington
State Initiative 502
Requirements
( Solic itation K430)
February 15,
2013
Submitted
by
M
MANAGEMENTPRO
In
partnership
with
. - - ~
- . . !!?
MILLER NASH,
Ar"fO~ ". fY<;Ar tAW
~ / \ / >
" ,i ~
F. f ~ ~ \
".
. . , , I
. _
F i
. ,
HM \ i\ . llrl~ " (
\ . I d~ . t. "
d~ t} J ~ jHj ,) !~ il,
i> /
i
~ ) il0 ,;tg Sllit. lnlble Mldic lrts fOI\ \ ~ td~
WASHINGIDN SI ATE
"
UNIVERSITY
World Class. Hlc e to Fac e.
00005931
ManagementPro.com 16
February
2013
Page
1 of 12
RFP
Required
Information
M
MANAGEMENTPRO
February 15,2013
Initiative 502
Proposal
Evaluation Team
Washington
State
Liqnor
Control Board
Olympia, Washington
Greetings,
We are
pleased
to submit this
proposal
to
provide consulting
services in
support
ofI-502
implementation.
This letter of submittal
provides requested
information and is followed
by
other
required
celtifications.
Name of Business:
MauagementPro.com(dba) ; Management Concepts
International
hlC
(legal name)
Business Location: 10758
Country
Club Lane
S., Seattle,
WA 98168
Phone: 206.433.0700
I
Fax: 206.243.1990
Teny@managementpro.com
The location above is the
facility
from which
we would
operate.
Officers:
Terry Schmidt,
President
10758
Country
Club Lane
S., Seattle,
WA 98168
Phone: 206.433.0700
I
Fax: 206.243.1990
Sinee
Schmidt,
Vice President and Treasurer
10758
Country
Club Lane
S., Seattle,
WA 98168
Phone: 206.433.0700
I
Fax: 206.243.1990
00005932
ManagementPro,com
16
February
2013
Page
2 of 12
We are
responding
to all four
proposal Categories,
We have read the
contract,
the standard
terms and conditions have been
reviewed,
and we
agree
to the
requirements represented,
If
selected, we aclmowledge
that we shall be
required
to meet all
requirements
established for
this contract. Please
regard your
time received
stamp
as our authorized
signature
for all
elements of this
proposal
which
require
a
signature,
Following
this submittal letter
, please
find the
Proposers
Authorized
Offer, Proposer
Information,
Subcontractor
Information,
and Cost
Proposal.
Our non-cost
proposal
is included as a document
following
this letter.
On behalf of our firm,
I ensure
you
of our full COUUllitrnent to the success of this
important
proj ect.
Sincerely
Terry Schmidt, Proj ect Manager
President, Managementpro,com
00005933
ManagementPro.com 16
February
2013
Page
3 of 12
PROPOSERS AUTHORIZED 0 F FER
Initiative 502
Consulting
Services- RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
celiifications and assurances as a
required
element of the
Response,
to which
it is
attached, affirming
the truthfulness of the facts declared here and
ackoowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
1. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition, any consultation, communication, or
agreement
with
any
other offeror
or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or
(iii)
the
methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not
been and will not be
Imowingly
disclosed
by
the
offeror, directly or
indirectly,
to
any
other
offeror or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has
been made or will be made
by
the offeror to induce
any
other concern to submit or not to
submit an offer for the
purpose frestricting competition. However, we
may freely join
with
other
persons
or
organiz ations
for the
purpose
of
presenting
a
single Proposal.
2. The attached
Response
is a firm offer for a period
of 120
days following
the
Response
Due
Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control
Board
(WSLCB)
without fmiher
negotiation (except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case of
protest,
our
Response
will remain valid for 180
days
or until the
protest
and
any
related comt action is
resolved,
whichever is later.
3. In
preparing
this
Response, we have not been assisted
by any
current or former
employee
of
the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective
Contract,
and who was
assisting
in other than his or her
official, public capacity.
Neither does
such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in
the outcome ofthis
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposers Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse
us for
any
costs incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result ofthis RFP will
incOlporate
all the
solicitation
requirements.
Submission of a
Response
and execution of this Certifications and
Assurances document
certifY our willingness
to
comply
with the Contract terms and
conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected as a
contractor. It is further understood that our standard contract will not be considered as a
replacement
for the terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We ARE
submitting proposed
Contract
exceptions.
7. The authoriz ed
signatory
below
ackoowledges having
read and understood the entire
solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services
and/or
equipment
in
compliance
with an
terms, conditions,
and
specifications
contained in
this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
00005934
ManagementPro.com 16
February
2013
Page
4 of 12
Proposer Signature
President
The
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
Man.gementPro.com (db.), Management
Concepts
International Inc.
(legal)
Company
Name
February 15,2013
Date
Title
00005935
00005936
00005937
ManagementPro.com
16
February 2013
Page
7 of 12
LETTER OF SUBMITTAL
.
MILLER NASH"
PORT~ANP 0".(;"
~!AlTJ,R, W"l,;.""o>""
YANt:OU\fR. ""~~";"".!,_"..
4400 Two U ni oll
Square
601 Uni on Street
SC d ltle, Wash
ngton
98101-2352
OFIIC ! 206.622.8484
FAX 206.622.748S
",TTOR",f:Y~ UC ~W
f.Nr~A.. OJHC ON
WWW.MlllrRNASH.C OM
C btbthle .M.. M(l.Sse, .P.e.
{hl:l!ti ue.mnss~>@mmj)lflnsh=
(206) 777-7427
i li xoct Ji ll.\."
February 6, 2013
1-502 REQUEST FOR IROIOSAL -
SUBC ONTRAC TOR STATEMENT
Ini ti ati ve
502, Proposal
Evahmtlon Team
Washi ngton
State
Li qnol
C ontrol Board
01ympi a,Washi ngton
To Whom It
May
C oncern:
C oncerni ng
Mi ller Nasll LLP9
parti ci pati on as a subcontrac,tor li sted i n the
1)rop05al to the
Washi ngton State
Li quor
C ontrol Board for
C onsulUng to Assi st
Implementati on
of
Washi ngton
State Ini ti atve
502 Requi rements (Soli ci tati on K430)
submi tted
by
MP
ManagtJuentPlo,
thi s letter cOl1fi nns that we. have read the
contract,
the stand ard ter111S and c.ond i ti olls have been
revi ewed )
and we
agree
to the
requi remellts presented ,
If
selectE..rl, we acknowled ge.
that we shall be
requi red
to meet
an
requi lements
establi shed for C ontractor staff.
Very truly yonlS,
~MAI//t~
C hri sti ne M. Masse, P .c.
SEADOC S:4537B8.1
00005938
ManagementPro.com 16
February 2013
Page
8 of 12
T h e_ ~ C S h O P
Moving S US t lnable Mcdldh $ F lward-
2585 Nitm S treet
Pasadena, C A 91107
310-703-9567
www.T h e\Vcl.cS h op.com
Febnuuy
7.2012
Initiative 502
Proposal
Evaluation T eal1l
Wash ington S tate
Liquor
C ont101 Board
O lympia. Wash ington
RE, 1-502
REQUES T FO R PRO PO S AL - S UBC O NT RAC T O R S T AT EMENT
T o \Vh om It
May
C oncern:
Regarding:
T h e Were
S h opts participation as a subcontlElctor listed in th e
Proposal
to th e
Wash ington S tate
Liquor
C ontrol Board for
C onsulting to AS osist with
Implementation
of
\Vash ingtoll
S tate Initiative-50:!
Requirements. ( S olicitatiou K430) as a member of th e
tenm lead
by
MP
Management
Pro. th is letter confiuus th at aU of our team, including
myself. S ytze Elzinga, Bradley Douglas.s. James Goodwinalld William Hm"st, h ave read
th e contract. th e s.tandard tenus and conditions h ave been rev e,-ved, and we agree to th e
require-mellB; presented.
If O U! p1O posnl
h awarded th e
contract, we < lck llowled-ge th at we
sh all be
required to meet
alllequh emellts
establish ed for C onlrnctor >mff.
S il1celely,
rJl!r:trJlb--.
Jeffrey
C .
Raber, Ph .D.
President
T h e Were S h op, Inc.
jeff@T h eWercS h op.com
310-703-9567
( of/ice)
562-417-4235
( cell)
00005939
ManagementPro.com
16
February
2013
Page
9 of 12
Memorandum
To: Initiative 502
Proposal
Evaluation Team
Washington
State
Liquor
Control Board
Olympia, Washington
CC:
Terry
D. Schmidt, Management
Pro
From: Richard
Fitz patrick
Date: 2/11/2013
Re:
Proposal
to the WSLCB
To Whom [ t
May
Concern:
Concerning my participation
as a subcontractor listed in the
Proposal
to the
Washington
State
Liquor
Control Board for
Consulting
to Assist
Implementation
of
Washington
State Initiative 502
Requirements ( Solicitation K430)
submitted
by
MP
Management Pro,
this letter confirms that I have read the contract, that I have rev ewed the
standard terms and
conditions,
and that I
agree
to the
requirements presented.
If
selected,
I
ack nowledge
that I shall be
required
to meet all
requirements
established for Contractor staff.
Richard
Fitz patrick
100 West
Cypress
Drive
Henderson. Nevada 89015-7608
00005940
ManagementPro,com 16
February 2013
Page
10 of 12
MARj( f 1
t. OP1NIO[~
PLHARCH
S nVICf.:)
no T h ; I" , AVt:I
Soi l " 1110
~I~~to. WA 08104
!206)6S2..:?; 454 t
!2061652 ..5022 !i l .
" ~6 1,H, 51" ,\ " 1
&Oi " Bl
Oul JuorJ, CA 94612
1510! 1l .J40 !l O J,
i Sl 0j844.0/.:90 F" 1
.104 Nwh
Hi ()h S~# .."
~)v, Wl (l M
(.o ....l 1b" ,. c., j ; .3214
1(; : 4) 2 .l 00Q 1"
EMCru.ul Qn:h ,tom
February 11, 2013
Ini ti ati ve 502
Proposal Eval uati on T eam
Wash i ngton State
Li quor
Control Board
Ol ympi a, Wash i ngton
Re: 1-502
Request for
Proposal - Subcontractor Statement
T o Wh om It
May Concern:
Concerni ng EMC Research , Inc, s parti ci pati on as a subcontractor l i sted i n th e
Proposal
to th e
Wash i ngton State
Li quor Control Board for
Consul ti ng to Assi st i mpl ementati on of Wash i ngton
State Ini ti ati ve 502 Requi rements (Sol i ci tati on K430) submi tted
by MP Management Pro, th i s
l etter confi rms th at we h ave read th e contract, th e standard terms and condi ti ons h ave been
revi ewed, and we
agree
to th e
requi rements presented. If sel ected, we acknowl edge th at we
sh al l be
requi red to meet al l requi rements establ i sh ed for Contractor staff.
Si ncerel y,
~
Andrew T h i baul t, Pri nci pal
EMC Research , Inc.
720 T h i rd Avenue, Sui te 1110
I Seattl e, WA 98104
(206) 652-2454 ) (206) 652-5022 (fax)
00005941
ManagementPro.com 16
February
2013
Page
11 of 12
WASHINGTON STATE
U NIV ER SITY
Sodal and Ecof1(lmlc Sciences R esearch Center
February 11. 2013
1.502
R equest
for
Proposal
Subcontractor Statement
Initiative 502
Proposal Evaluation Team
Washington
State
Liquor
Control Board
Olympia, Washingto"n
To Whom It
May
Concern:
Concerning
the Social and Economic Sciences R esearch Center at
Washington
State
U niversity participation as a subcontractor listed in the
Proposal to the
Washington
State
Liquor
Control Board for
Consulting
and data collection to Assist
Implementation
of
Washit)gton
State Initiative 502
R equirements (Solicitation K430)
sU bmitted
by
MP
Management Pro, this leU er confirms that we have read the
contract, the standard
terms and conditions have been reviewed and we
agree
to the
requirement presented.
If
selected, we
acknowledge
that we sl1all be
required
to meet all
requirements
established for Contractor staff.
V ery truly yours,
~{tf~
Danna l.
Moore, Ph.D
R esearch and Adm nistrative Offices. WIlson Hal! 133, PO Box 644014, Pullman, WA 99164..4014
509.335.1511. F,,: 509.335.(>116
Public
Opinion Laboratory
1425 NE Terre V iew, Suite r; PO Box 641801, Pullman, WA 99164.1801
509.335.1724 Fax: 509.335-4688
00005942
ManagementPro.com 16
February
2013
Page
12 of 12
COST PROPOSAL
Table l Hourlv Rate
Descriotion
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
Consulting Services as stated in this RFP
NTE Hourlv Rate
$ 380
p/hour
Thisis an estimated maximum rate
including
subcontractor
overhead;
individual rates are
established for each
participant.
00005943
NON- COST PROPOSAL
Submitted to
Washington
State
Liquor
Control Board
for
Gansu
I ting
To Assist 1
mplementation
of
Washington
State 1 -502
Requirements
Submitted
by
M
MANAGEMENTPRO
I n
partnership
with
MI LLERNASH,c
ATT(}$(1 .HYS AT LAW
/"
~ /
~ J "\
,
.. 1 1
flj l~
;
",I V
t; n: 1 ) 1 )
",~ .,
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t
,
~ H
,
.J
_
-
_
\ 1
- / MOling
Su~ alnltla Mfd d~ ti forw:mlw
WASHI NGTON STATE
,
U NI V ERSI TY
World Class. Face to Face.
00005944
Non-Cost
Proposal
Contents
Introduction
..............................................................................................
1
Category
1
-
Product and
Industry Knowledge .......................................
3
1.
Ability, Capacity
and S k ills..............................................................3
2.
Experience
................................: ........................................................8
3.Team S tructure and Internal Controls
...............................................
8
4.S taff
Qualifications
and
Capabilities..............................................
12
Category
2
-,.
Product
Quality
S tandards and
Testing.....................
: 22
5.
Ability, Capacity
and S k ills.............................................................22
6.
Experience .......................................................................................
29
7.S taff
Qualifications
and
Capabilities...............................................
30
8.
Approach
and
M ethodology............................................................
36
Category
3
-
Product
Usage
and
Consumption
Validation ...................38
9.
Ability, Capacity
and S k ills.............................................................39
10.
Experience .....................................................................................
41
11.S taff
Qualifications
and
Capabilities.............................................
43
12.
Approach
and
M ethodology..........................................................
49
Category
4
-
Product
Regulation ...........................................................
53
13.
Ability, Capacity
and S k ills...........................................................53
14.
Experience..................................................................................,..
55
15.S taff
Qualifications
and
Capabilities.............................................
55
16.
Approach
and
M ethodology................................................: .........
60
00005945
1-502
Proposal February 15,
2013
Page
1 of 67
Introduction
We are pleased
to submit tbis non-cost
proposal
to
provide expert consulting
services to
support
successful
implementation
ofInitiative 502
(I -502)
in all four RFP
C ategories.
Washington
State
Liquor
C ontrol Board
(WSLC B)
leaders at all levels are well aware that the
world is
watching as Washington
State embarks on
something never before
attempted--
creating
tbe
regulatory
fOlmdation for a
legal
and taxed caJmabis
industry.
While WSLC B has
outstanding capabilities
in
licensing
and
regulating alcohol,
cannabis is a
very
different
product
with its own intricate characteristics. Its It is
exciting
to break new
ground,
but there are
considerable risks and obstacles on the
path,
botb known and to be discovered
along
the
way.
Participants
at the 1-502
public
forums offered a
spectrum
of
opinions
but
unanimously
echoed
one clear
message:
we need to do it
right.
Our firm is
fully
committed to
supporting you
in
achieving
this
obj ective by providing
a
fully qualified
team of cannabis
scientists, botanists,
survey researchers, government
affairs
specialists, regulatory experts, agricultural economists,
and
proj ect managers,
all
highly accomplished
in their fields and
easy
to work with.
We understaJId that our
j ob
is to assist
you
in
implementing,
not to
implement.
Thus an
overarching
theme of our
approach
is
ongoing knowledge
transfer and education so
you
acquire
the
expertise you
need. This will be
accomplished through seminars, briefings,
and
webinars,
all
supported by
usefhl handout and reference materials. In
addition, we will
arrange
for field
trips
to local
grow facilities,
edible
production operations,
retail
dispensaries,
aJId
fanners
markets,
to
give you
a
grass-roots understanding
of the current
industry
structure.
Docnment
Organization
The
C ategOly discussions,
which follow
fully, respond
to each of the RFP
requirements.
We
support your
desire to
keep responses
as short as
possible,
and when we have attached
additional
pages
as
permitted by
the RFP when needed to
adequately respond.
In
C ategories
where it was
challenging
to write
separately
about
(1) A bility/ C apacity/ Skills
and
(2)
Experience
without
significant overlap, we
intcgrated
the discussion of these two sections. In
doing so,
we fully
included all the information
requested
in a format that reduces
duplication.
In each
C ategory discussion, we
briefly
introduce our
key
team members in the first or second
section,
and include their detailed
rcsumes
in the staff
Qualifications
and
C apabilities
section.
A n
Integrated
Team
We
strongly
believe in collaboration with 01U WSLC B
counterparts.
We
proudly propose
a
team with the full
complement
of technical and
interpersonal
skills to work
collaboratively
with
your
staff and with each other.
They are all
clOss-disciplinmy professionals
with the
capacity
to contribute in more than one
C ategory.
This ensures a unified
approach as we
integrate across the four
C ategories.
Our thirteen
person
team of committed consultants covers all tbe bases with
overlapping
skills
in
key
areas. Six of them arc based in
Seattle, one in
Pullman,
four in
C alifornia, one in
Oregon
and one in Nevada.
Representatives
from all subcontract
organizations are Seattle based.
00005946
1-502
Proposal February 15, 2013
Page
2 of 67
During proposal preparation,
several individuals from the local
marijuana industry
asked to
join
our team. While
many
are talented and
knowledgeable,
most have
special
interests and
lack the
system-wide
neutral
perspective req uired
to best serve WSLCB. We believe that this
project
is best served
by
the
objectivity
and intellectual
independence
that comes f om
partial
detachment. For that
reason,
we chose not to include them as formal team members.
That
being said, we
strongly
believe that
people support
what
they help
create. Local
industry
buy-in
and
stay-in
is vital to
building a workable
regulatory
foundation to
grow
the
industry
in
the future.
Fortunately,
the WSLCB
recognizes
the
importance
oflocal
input as well and the
Category
4 stakeholder
process provides an
organized
mechanism for stakeholder involvement.
We
appreciate
the
many responsible
local
industry players
who have
already
offered to be
open
their doors and contribute to the success of this
important project.
None of our team members have
ex isting
business interests in the
Washington marijuana
industry
and our recommendations will not be affected
by
conflict of interest. None have been
arrested for cannabis violations or other
legal disq ualifiers.
We do not
provide advertising or
location services for medical
marijuana retailers,
work with
growers,
or advocate
special
interests other than that of scientific
integrity, public
health and
safety,
and a
patiicipative
approach
to
developing
sound
regulations.
We look forwatd to
working
with WSLCB staff and others and are committed to do it
right.
00005947
1-502
Proposal February 15, 2013
Page
3 of 67
Category
1
-
Product and
Industry Knowledge
1.
Ability, Capacity
and Skills
Our firm
brings
extensive
knowledge
in indnstrial and small scale
marijuana cultivation,
production, packaging,
and sale
practices,
inc1udin
gmarijuana product
infusions. Our staff
experience
mld
philosophy pulls heavily
from
good manufacturing practices (cGMP)
prescribed by
the U.S Food &
Drug
Administration for
food, drug,
and tobacco
products.
We have
organized
this section
according
to the five sldll areas identified in the RFP.
Along
the
way,
we
briefly
introduce three
key
individuals who illustrate our
ability, capacity,
and
sldlls to
provide
these
Category
1 deliverables:
1. Minimum standmds
relating
to the
growth, harvesting, transporting
and sale of useable
recreational
Marijuana
2. Minimum standards for Product
safety relating
to the infusion of
Marijuana or
Marijuana byproducts
in
food, beverage, lotions,
ointmeilts or other Products to be sold
in retail locations
3. Minimum stmldards for the
tracking
mld reconciliation of Product
grown, sold,
and/or
destroyed
A.
Marijuana Growth, Cultivation, Harvesting, Curing,
and
Processing
In the field of cannabis
cultivation, no one stands
higher
than Mel
Frank, a world-renowned
camlabis cultivator whom
High
Times labeled the "Godfather of
Marijuana
Growers." Mr.
Frank
majored
in
biology
at CCNY with concentrations in
botany
and
microbiology.
He
literally
wrote the book on how
marijuana products m-e
grown, cultivated, harvested,
cured and
processed.
His
published
books on calmabis cultivation and hashish cultivation have sold over
a million
copies,
and the
Marijuana
Growers Insiders Guide
spurred widespread
interest in
home
growing.
In
1978, by goverl11l1ent request,
Mr. Frank donated nine of his landrace strains to the
governments marijualla
research
program
at the
University
of
Mississippi.
He also
freely
provided
two of the five
founding
varieties that
helped
launch the Dutch seed
industry.
Mr.
Frank
enjoys
installt
credibility
with
everyone
in the
industry, brings
a vast store of
knowledge
about cultivation
techniques
and
methodologies,
and maintains
currency through
lectures and a
network of world-renowned cultivators.
"Mel Frank" is
actually a
pen
name chosen
by
James Goodwin to
preserve anonymity
in the
early days. Though
he has now
gone public
with his true
identity,
he is
using
his
pen
name here
because this will benefit this
project
if we are selected.
Having
the
industry
icon "Mel Frank"
on the team will
open many
doors and send a
reassuring signal
to those in the cannabis
community
who view
any govenunent
involvement with
suspicion.
Mr. William Hnrst is ml FDA
compliance expert
on the
production
of
pharmaceuticals
and
beer. He
pioneered
cost-effective GMP
regnlatory policies
for
plmlt-based pharmaceuticals
ingredients.
He earned his BS in
Microbiology
from Cal
Poly
Tec1mical
University
in 1992.
Mr. Hurst oversaw
implementation
of
FDA, USP, FCC,
and ISO
compliance
in ten
production
facilities
globally.
He is skilled at
finding
the lowest-cost
compliance strategies
for the
unique
00005948
1-502
Proposal February 15,
2013
Page
4 of 67
constraints of each
production facility.
Over a 12
year period,
Mr. Hurst collaborated with
regulation compliance
teams at most
major brewing
and
pharmaceutical companies globally.
He
brings
extensive
regulatory experience
in
q uality
control and assurance
practices
for various
agricultural products
and
processes.
In 20
11,
Mr. Hurst founded Colt
Irrigation
to monetize
lighting
and
irrigation
inventions for
the
production
of
pharmaceutical plants.
He
brings
extensive
knowledge
of
production
techniq ues
and the costs associated with
high-value crops, including hydroponic systems
and
the use of
fungicides
and
pesticides
used in Cannabis
cultivation;
this includes
familiarity
with
field
sampling teclmiq ues, protocols
and
analysis
to detmmine the
efficiency
ofthe cultivation
and
agricultural practices.
Mr. Hurst identified some novel
ways
to estimate
usage
and
consumption,
based on similar
models used
by
the beer
industry.
His
experience
will be used in
Category 1,
and
complement
the
statistically
based
professional user
surveys
in
Categories
3 and 4.
Both of these
gentlemen
have the
ability
to not
only
teach
multiple aspects
of cmmabis
production,
but
they engender
tlle trust
necessary
to reach
growers
as
part
of
Category
3 and
4s demand
analysis
and stakeholder
engagement.
B. Infused Into Food and
Beverages
Our rich
experience
in the California medical market has had us inspect, analyze
and consult
on all infused
product types including, brownies, cookies, cakes, breads, capsules, smoothies,
drinks, topical ointments, tinctures,
hard
candies,
chocolate
bars,
and even ice cream.
(See our
labels in
Category 2. )
Our
primary expert
is the noted research scientist
Sytze Elzinga,
who received his masters
degree
in Natural Product
Chemislly
from Leiden
U niversity
in The
Netherlands,
where the
tightly regulated
Dutch national medical
marijuana program
treats
registered marijuana
strains
like a
pharmaceutical product.
Mr.
Elzinga previously
worked for
Farrnalyse,
the
phmmaceuticallaboratory
which
manages
the
q uality
control of the national medical
marijuana
program.
At
Farmalyse,
Mr.
Elzinga was
responsible
for the
q uality
control of all medicinal
cannabis for the Dutch
phmmaceutical
market.
Mr.
Elzinga
later took that
expertise
to Echo Phannaceuticals where he
prepared
rare
cmmabinoid
analyti
al reference standards and
helped develop a
production process extracting
THC from the cmmabis
plant
under Good
Manufacturing Practices,
the Dutch
eq uivalent
of tlle
FDA.
After
moving
to the
U S,
he became
Manager
of Edible Production at Herbal Solutions in
Long
Beach,
CA where he coordinated the
production
of edibles
containing
medicinal
marijuana.
Edibles had been
notoriously
inconsistent and this caused
complaints
from
patients
who
wanted reliable medicine. U nder his
supervision,
various new
product
lines were
developed.
All of the
products are now made from
q uality
controlled
starting
materials which results in
consistent edibles with an
exactly
known
strength.
Various methods were
developed
and
optimized
to be able to
provide potent
edibles without the need for
dangerous
chemicals.
Mr.
Elzinga
also
brings significant cultivation, processing
and
analytical testing experience
req uired
in
CategOly
2.
00005949
1-502
Proposal February 15, 2013
Page
5 of 67
These three
experts
- and two others
you
will meet -- work
through our subcontractor,
The
Werc
Shop (TWS),
based in
Pasadena, CA. TWS is
widely recognized
and
respected as an
industry
leader with the most combined
years
of cannabis
analysis expertise
in one
organization. They are renowned in the medical cannabis
community as scientific leaders and
bnsiness
professionals
who
provide
excellent service. This
highly regarded testing organization
and standards
laboratory serves numerous Southern California medical
marijuana (Med M)
dispensaries
and was
responsible
for much of the
screeniug
for the 2012
High
Times Cannabis
Cup
and will
again
iu 2013.
Their
deep lmowledge
and
analytical understanding
of the chemical
composition
catmabis
coupled
with
strong backgrounds
in
process chemistry, manufacturing methodologies
and
cGMP
practices,
will enable us to
provide a
deep understanding
of current
operating
methodologies and
optious
to reduce wasteful use of valuable
plant
material feedstock while
mitigating auy potential
harms that could arise from unsafe
production
methods.
C.
Packaging, Labeling, Transporting,
and Retail Sale
Our
understanding
of how to establish and monitor a tight
chain of
custody
comes from lessous
learned in the
highly regulated
and structured Dutch national medicinal
marijuana program.
The Dutch medicinal
marijuana program
is the oldest such
program
in the
world,
and Mr.
Elzinga s
intimate
familiarly
with this
highly developed system
and its
chain-of-custody
protocols
will
bring
first-hand
understanding
of best
practices
to
Washington
State s
program.
Our sub-contractor
company
has been commissioned
by
a
major packaging corporation
to
evaluate various
storage tec1miques
and methods as
they pertain
to medical
marijuana.
This
ongoing study provides
us with state-of-the-art
insight
and
lmowledge
about
proper packaging
and
storage
conditions in an
exceptionally
detailed and
quantifiable
fashion.
The WSLCB will benefit from our breadth of
sophisticated
and detailed
knowledge regarding
product packaging
and
handling
which
was earned over
many years
as we observed, studied,
and
analyzed numerous
products, product types,
and
packaging
solutions.
Product
safety
is an
overarching goal
ofWSLCB. We share
your
belief that
Washington
consun1ers have the
right
to safe
products, supported by
accurate and
helpful
information about
what
they
at e
consuming,
both in terms of
potency
of active
ingredients,
and the absence of
hmmful elements.
They
have a
right
to know their
products are free of
pesticides,
herbicides
mold
and,
other hmmful
products.
We envision a
system
where
products are
supported by
labels. A
major pm.t
of the
analytical
services we
provide
to the California Med M
(medical
marijuana) C011U 11U ruty
includes
production
and distribution of informative
product
labels.
00005950
1-502
Proposal February 15, 2013
Page
6 of 67
Product Labels Provide Essential Consumer Informaion
Canna aceutica Facts
li ~C Max: 6.27 %
0- CA 16.11 %
o .THe 0.36 %
CBDMax: .30
CBDA
ceD
a Max:
Pesticides Screen 130
...""""..,_~~~""___"_h<._"""", ~__""""=;
I
Cannao8 ceutical" Facts
Cannabaceutical" Facts
,
I
O almeal Cook ie
Jupiter
O G Indica.
Indoor
l! i! ! J~IJ,\ \ H~ 1~~O n:
februi~IU I1J
T..,..n..m.W t<tS! > o? "
T&$(O O O n:
January 8 , 2013 Slim
O fTClp
26.0 rn
t.~.THC Max: 15.8 1 %CBD Max: 0..24 % TerJl! ln.m:
.THCTow l 1I.1
mi
CBO TO IiI
4 .3
Ifl
CBN lo~1 U
Ifl
? THCA 16..11 % CBDA 0.<17 %
p...caryophyHeoo
7,7
morg
{ TlIC nM
"IIi
CBD 0.00 ~l CBN MI
"IIi
~.THC 1.4 1 . CBD 0.17 %
Myrcene 6.6 """
CBG Max: -0.66 j" U monene 5,1 1llIjl~
CBGA 0,66 % caN N D . Valencena 3Jl mgJg
J.THeA 10lal Il.O
Ifl
CaO A 101i1 ...
Ifl
caG 0.18 %A! -ruCVA 0.09 % Q.Humvleoo 3.0 mgIg
^ 1III~\ ~PrO O k lI MJCiblo! og] { :,al SCreen q;O LD Pe$lk ddetl Screen PASS
lTIlCA O .l~0\ \ \ CBO A ...
~l Ih
~(Mo! _o/l;Il1il(....I):)W tJt~IIW j~W I1._ "",r.! ,,,,,,,u..tv.! I, _IW ! ~! m.lI1le:! ,~_ ~W I
\ iM_l~II.I",_@ MiN ,_IIO O Iill> I-Il! W tl_$8 4 .e.o."-..:rlQt:lli._,;/Tt...vw -..! IlI1o> ,I",,"
ill
Cannabaceutical"
Facts
O G Chern
Davvg
Ineli",a
Hyb.
,.._""--,,,,-.."
Tested O n:
February
29..2012
A! j-THC
Max: 16*91 "/,,, Sum o1Top
4 - 0 u ~rng/g
A"-THCA 18 .01 %
Jt
Terpanes
~
...f-THC-
1.11
*1
CaryophyU ene
13.2 ".g/g
CBD Max: 0..24 "/0
;,~
Mvrcene 7.5 l"rlgfg
CBDA 0.04 %
i!
Gern1aorene B 6.6 rng/g
c::BD 2;~O
O ,k
Valencene 4 .9 m:g/g
CSG Max: O .8 O S "*
t!
Selina-S.
7("11
)-dsne 4 .7 mg/g
."-THCVA
0.13 U k i
Farnesene 4 _2 tng/g
CBN
N O O k ~ Lirnonena 2.1 mg/g
<M"....*......~_,,,......~__~,..........,.,..., ""~~,,.....d...,_.~d,".-,~"""""_"_~,,.. <.> A__.".......",.""....,"""" ~......""..._""""..~."""""""..,,
...""",,,.,,,,...,,_"""",, """_1"""__..."".",,._~.~_., ~_M~.".".....__.. .,..".,~~="".~..-~_"".._._...
D. W holesale/Retail Product Recall and
Accounting
Procedures
Muchofthe
expertisc
and infrastructure
required
in this
Category applies
to the alcohol
industry
as w ell,
and is
already
w ell understood
by
the W SLCB. But there are
major
differences w hen
dealing
w ith
marijuana.
W e w ill
pull
from the
existing
FDA
recommendations on food,
tobacco and
pharmaceuticals to develop a
simplc, easy
to
follow ,
intelligently dcsigned
low cost
regulatory s lution.
W ith
any
set of
regulations,
the
k ey
is to not mak e tllem so strict that
only
tlle most w ell
capitaliz ed can participate
in the
indnstry.
There are
multiple w ays
to craft
regulations
that w ill
k eep
small
players involved, an
important concern raised numerous times in I-502s
public
forums thus far.
O ur
policy suggestions
w ill be
heavily geared
tow ards
reducing
the cost of enforcement and
compliance.
This w ill be
accomplished by carefully screening grow er/seller/processor
applications, accompanied by auditing
to ensure those most
lik ely
to abuse the
system
are held
liable mld
susceptible
to
prosecution
w hen real hm1ll results.
00005951
1-502
Proposal February 15,
2013
Page
7 of 67
Recalls are
freq uen t ly
abused
by
en t it ies wit h con un ercial in t erest s all
alon g
t he value chain
because
t hey sign ifican t ly
affect t he bot t om lin e. The best
st rat egy
t o
preven t
recall abuse is t o
en sure t hat documen t at ion is in
place
at
every st ep
of t he
game,
so t hat n o on e can claim
t hey
did n ot kn ow about t he recall n eed. Recalls
freq uen t ly occur over t he course of a few weeks
an d, t herefore,
everyon e
in t he chain of
cust ody
has some sort of excuse t o
keep sellin g,
such
as "1 did n ot Imow what was an d what was n ot a recalled
product ".
The
on ly way
t o circumven t t his is
by en surin g
t here is
high visibilit y t hroughout
t he chain of
con un an d. That
way
n o on e can hide. This is
accomplished by sign at ures,
audit s of t he
sign ed
paperwork, a
good
clean chain of con un an d an d
product cust ody,
an d
holdin g
t he offen ders
person ally
liable.
We believe t hat a
properly
con st ruct ed
regulat ory syst em
will avoid t he n eed for recalls
because
product s
should n ot be released before
t hey pass
t he
n ecessary safet y screen s. A well
design ed syst em
in cludes
t rackin g n umbers,
det ailed bat ch
records,
an d cGMP
met hodologies
coupled
t o a t raceable dist ribut ion n et work. This
permit s kn owledge
of
product
locat ion an d
coun t s at all
t imes,
an d should a recall be
n eeded,
would
immediat ely iden t ify
t lle
product s
t o
be removed from t he market . We will offer
st rat egies
t o v
t ually vert ically in t egrat e
t lle t hree
t iers in t he
syst em
in t ern lS of
product locat ion , usin g on ly very
limit ed
product
in vei1! ory/ placemen t Imowledge.
Firm member Bill Hurst
brin gs
valuable
experien ce
wit h how
some of t he
largest
beer an d
pharmaceut ical
man ufact urers han dle
recalls,
an d more
import an t ly, preven t
t hem in t he first
place.
E. Dest ruct ion Procedures for
Overproduced, Con t amin at ed, or Recalled Prodn ct
The
in dust ry
has discovered t hat
overproduced marijuan a can be main t ain ed for fut ure use by
proper st orage
an d in in fused
product s.
But if it is
con t amin at ed, overproduced marijuan a
must
be
dest royed by
in cin erat ion which is t he most documen t able an d t raceable met hod of
dest ruct ion .
Keep
in min d t hat
growers
are busin ess
people
who seek t o
opt
n ize
profit s by ut ilizin g every
compon en t
of t heir
product , just as
pork producers
fin d a
way
t o sell
every part
of a
pig
but t he
sq ueal.
Research is n ow
t akin g place
about how t o use t lle excess
plan t mat erial, (such as
st allcs,
st ems
an d ot her bulk
plan t
fiber
mat erials) as mat erials t llat en d
up
in
specific
t ext iles t hat would also
exclude in clusion of
product s con t ain in g
con t amin at ed THe.
Our
agricult ural un iversit y
subcon t ract can
provide
a con ven ien t
way
t o access
specialized
expert ise
in areas like
crop burn in g
an d use of excess
plan t
mat erial.
F. Remediat ion
Aspect s
of Con t amin at ed Product
Our ext en sive
t est in g
an d
processin g experien ce
have
t aught
us t hat flower an d t rim
product s
t hat are con t amin at ed wit h
microbiological agen t s,
such as mold or bact eria, can be
successfully
st erilized
ut ilizin g super-crit ical
carbon dioxide
processin g met hodologies.
This
allows for redirect ion of
plan t
mat erial t hat
may
be ren dered useless when
con siderin g
in halat ion use t owards
bein g an in fused
product
feed st ock an d
ult imat ely salvaged
econ omically, a huge
ben efit t o t he
producer
t hat
may
have lost t heir
crop. Redirect ion s, or
00005952
1-502
Proposal February 15, 2013
PageS
of 67
down-grading as it is oft en
c alled,
is COlmnon in
many
ot her
indust ries,
from food t o c at t le
feed, or from one premium
beer brand t o anot her of a lesser name.
2.
Experienc e
Our main
experienc e point s were woven int o t he
previous
t wo sec t ions,
here we add a
c ouple
more observat ions.
.
Collec t ively,
t he five
persons
who
c omprise
our t ec hnic al t eam
(you
will meet t he ot her t wo in
Cat egory 2)
have over 100
years
of
experienc e
in various
aspec t s
of t he
marijuana indust ry.
No
group
t hat we are aware of has snc h
deep
and broad
expert ise
in a
single
firm.
Our c ombined
expert ise c overs a broad blend of c annabis
experienc e, inc luding c ult ivat ion,
proc essing, dist ribut ion, researc h, t est ing,
and
labeling.
Suc h a
spec t rum
of t alent
ranging
from
sc ient ific researc hers t o bruised-Imuc kle
plant ers
is indeed
rare,
and leads t o
superior support
t o
t heWSLCB.
3. Team St ruc t ure and Int ernal Cont rols
Effec t ive
projec t management
is vit al t o meet
your
ambit ious Dec ember I"
implement at ion
dat e. Our t eam st ruc t ure and int ernal c ont rols
provide
for a
rapid st art ,
c lear
ac c ount abilit y,
proc edural c omplianc e,
and a smoot h workflow ac ross
t asks, Cat egories,
and c onsult ant s.
Terry Sc hmidt ,
c ompany
founder and
president ,
is
ideally q ualified
t o be
Projec t Manager
and
provide single point ac c ount abilit y.
He is a c ert ified
Projec t Management
Professional
(pMP") and a rec ognized st rat egy expert
who has
managed many c omplex projec t s
for
Washingt on
St at e imd federal
agenc ies.
He
began
his
public
servic e c areer as a
program
planner
for t he
Sec ret ary
of
Transport at ion
in
Washingt on
DC. Sinc e
t hen,
he has assist ed more
t han 300
privat e, public
and
non-profit organizat iQ ns
in 36 c ount ries.
.
Mr. Sc hmidt is an innovat ive
manager
whose
breakt hrough planning met hodology
and books
help
leaders at all levels t o t urn
st rat egy
int o ac t ion and result s. He has been c alled t o
guide
highly
visible st at e
govermnent projec t s req uiring
fast
ac t ion,
and
helped Washingt on
St at e
Depart ment
of
Agric ult ure c onq uer
t he Asian
Gypsy
Mot h invasion in 1992. He
mmlaged
a
major
c ont rac t wit h
Washingt on
St at e
Depart ment
of
Ec ology
whic h involved t en
subc ont rac t ors. Mr Sc hmidt has an
engineering
BS
degree
from
Universit y
of
Washingt on
and
an MBA from Harvard and is based in Seat t le. He is
exc ept ionally q ualified
t o lead our
Int egrat ed Projec t
Team and ensure our t eam
operat es smoot hly.
Here are some
element s of our
projec t management st rat egy:
Clear lines of
aut horit y.
The four Subc ont rac t Leaders will c oordinat e t he work in t lleir
orgm1
zat ions and
report
t o t he
Projec t Manager.
Task Leads will
report
t o t heir Subc ont rac t
Leader. Well make lines of
aut horit y c ryst al
c lear wit h a "RACI
c hart ",
whic h shows who is
Responsible, Approves, Consult ed, Part ic ipat es,
and is
Informed,
on eac h t ask.
Int ernal Coordinat ion
Meet ings.
Onc e a wec k,
t he
Projec t Manager
and Subc ont rac t or
Leaders will
joint ly
review
progress, using.
Well set
up prot oc ols
for int ernal mld informat ion
sharing ac ross subs.
00005953
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Proposal February 15,
2013
Page
9 of 67
Efficient Administrative/Financial Procedures. All but one of our sub-contractors are
familiar with the State of
Washington.
All will understand the WSLCB s financial
regulations
(per diem, etc.)
and
invoicing procedures.
Subcontract Leaders will submit
time/expenses
covering
their staff for
review/approval by
the
Proj ect Manager.
These will be fOlwarded to our
professional Accounting
Firm
(Accounting
and Tax Services in
Tukwila)
which will
prepare
consolidated invoices for submission to
WSLCB, process payments,
and maintain
orderly
financial records.
Coordination with WSLCB. We will submit
weekly
written status
reports
to the WSLCB
Implementation Manager.
Of
course,
well often use email and
telephone
too. The
Proj ect
Manager
and all SubcontracLeaders are either Seattle-based or have staff
here,
it is
easy
for
us to come to
Olympia
to meet
in-person
whenever needed.
Smart Use of
Technology.
Tools like
GoToMeeting
let us bring
distant staff members
together inexpensively
to review documents. Our best
experts
can teach cannabis classes
remotely using
Webinar
technology, recording
sessions to watch when more convenient.
Integrated Proj ect
Work Plans.
During
the Kickoff
session, we will
develop
work
plans
which
identify
and
sequence key tasks,
schedule the interim and final
deliverables,
and
highlight key
milestones on a Timeline and
Strategy Map.
These tools will be
updated as
proj ect dynamics change
to
keep everything
focused and on track.
Intensive Kickoff
Workshop.
We
suggest
a multi-
day
intensive kickoff for
key players
from
both the WSLCB and our fiml
during
the week of
April
2
during
which we will:
.
-Conduct Basics of Cannabis class to
begin ongoing
staff education.
Create a stakeholder
analysis
and
engagement plan.
IdentifY issues, success
measures,
and
assumptions.
Form cross
organizational working relationships, pairing
our technical
experts
with
WSLCB
counterparts.
Establish
trusting working relationships,
best
practices,
and
operational ground
rules.
.
Develop
more detailed work
plans
based on a more
granular
task breakout now
being
developed
WSLCB
proj ect managers.
We are known
by organizations ranging
from
Apple
to the US Naval
Weapons
Centre to
launch
proj ects
with momentum. The "secret sauce" behind our success is The
Logical
Framework
Approach,
which bnilds
high-performing proj ect
teams and robust action
plans
simultaneously
00005954
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Proposal February 15,
2013
Page
10 of 67
Objectives
Goal
Success Measures Verification
Assumptions
Why?
Purpose
Why?
Outcomes
What?
Input. How? Who? When!
-----r--
+-:r: .~
.
,
f:~= r~t= l::::*
-
The
Logical
Framework
Approach was
originally designed
to
help
USAID
plan, implement,
and evalnate
projects intemationally.
This will
get
our combined teams on the same
page
regarding objectives, success
measures,
critical
assumptions, cross-project linkages,
extemal
interfaces, and outside
influencing
factors before
diving deep
into tasks. This
planning
and
communications tool
widely
is used to
plan
and evaluate
pilot
and
phased projects.
The
interactive matrix structure will let us all share a
big-picture strategic
view and understand the
Why
of the
project
and
tasks,
before
moving
to the
What, How, When and Who.
This hands-on tool will enable the
project
sub-teams to connect across
category/ task
boundaries. This
methodology gives
all involved-WSLCB staff as w~ll as our team-the
systems thinldng
sldlls to connect their
project
to the
big picture.
In
addition,
it
supports
clear
communication and
sharpening
of contract deliverables.
Mr. Schmidt is an
ackuowledged expert
in this
approach, having taught
it in 36 countries and
authored
Strategic Project Management
Made
Simple:
Practical Tools For Leaders And Teams
(Wiley 2009).
We will follow the same
proven workshop design
weve used to
jlUnp-start
major projects
at
Apple, DirecTV, Timex, Boeing,
WSDA and the Lawrence Livermore
National
Laboratory.
As
part
of
planning, we will use "backwards
thirudng", (See
article Turn
Strategy
Into
Action,
in the
appendices
for a
summary
of the
process.) starting
from December I to create a Visual
Strategy Map
which shows how all the
pieces
of this
project puzzle come
together. (Visualize a
ten-foot
long
wall-mounted sheet of butcher
paper
divided into
months,
with team members
actively pasting sticky
notes to indicate
tasks, deliverables, major milestones,
and extemal
interface
events.)
We
literally "grow" a project plan
in an interactive
way
that
generates strong
team
spirit
and shared
understanding
of the
project
intercoilllections and task
sequences.
Then
we will (urn this into more detailed work
packages
for sub-teams and
identity
the
project
critical sub-teams.
Beginning
with the latest
thirudng
and
products
of the LCB
project managers,
well
collaboratively develop
the
project plans. Following
brief
training best-practice planning
methodology, we break into three to five
parallel
break-out teams of three to five
persons
each
00005955
1-502
Proposal February 15, 2013
Page
11 of 67
from our team and
your
staff. These teams then flesh out work
plans
for their focus
areas,
then
we meet
again
in the
large group
to share and coordinate. This
simultaneously accomplishes
three
obj ectiv es:
I.
Dev elopment
of shared
understanding
and
practical
work
plans;
2. Personal
bonding
and team
building across our two
organiz ations;
and
3.
Learning a shared robust framework to
plan
and communicate.
During proposal preparation, our team members held
multiple engaging
teleconferences to
dev elop our
approach.
We hav e
already ov ercome the classical
group
formation
stages
of
forming, norming,
and
storming,
and hav e mov ed into
performing.
Our firm is
proud
to
present
a
top-q uality group
of
professionals
with
ov erlapping
skills in
multiple Categories as shown in the team matrix.
00005956
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Proposal February 15, 2013
Page
12 of 67
4. Staff
Qualifications
and
Capabilities
Here are detailed
q ualifications
and
capabilities
ofthe four staff members introduced
briefly
in
this
CategOly.
Terry
Schmidt
Terry
Schmidt
brings
the ideal
background
and sldlls needed to
guide our team of
subj
ect
matter
expelt
in
working effectiv ely
with the LCB. He has earned an international
reputation
for
helping
div erse clients to
plan, implement,
and ev aluate
complex projects.
He
brings a wide
spectrum
of skills and
perspectiv es gained
from his 35
years experience assisting ov er 300
corporations, gov ernments,
and research institutions in 36 countries worldwide. The founder of
Management Concepts I nternational,
he is
recognized as a
thought
leader and
expert
in
systems
thinldng, project management,
and
organization change.
He earned his BS in
aerospace
engineering
from the
Univ ersity
of
Washington
and his MBA from Harv ard Business School.
Mr. Schmidt
brings
extensiv e
experience as a consultant and trainer to
Washington
State
Gov ernment
agencies. During
the
period 1985-95,
he was the lead
Pl oject Management
trainer
with the
Departrnimt
of Per SOl me
1, teaching
40 hands-on courses
through
DOP. I n
addition,
he
has conducted in house
programs
in
v irtually ev ery Washington
State Gov ernment
agency
including
the
Liq uor
Control Board. He
managed ov er a dozen
consulting projects
until
1995,
when he mov ed to Asia. After
returning,
he
req ualified as a DOP consultmlt in the areas of
Project Management
and
Organization Dev elopment.
Mr. Schmidt is often called on to assist at
the
"fuzzy
Front-end"
of/arge, complex projects.
That s when the
goals are still
v ague,
success
measures are missing,
risks hav e not been
analyzed
and there is no clear
path
forward.
They
call because we hav e
dev eloped a
reputation
for
deliv ering outstanding
results that
get
the
job
done.
For
example,
when the
Washington
State
Department
of
Agriculture
needed
help
to combat the
Asian
Gypsy
Moth I nv asion of
1992, they
called
Terry
Schmidt. The
management challenge
was to
gear up
from a team of 3 to 300
people
in
just
6 weeks and
deploy 180,
000 insect
traps
and trained
trappers following
US Forest Serv ice
helicopter spraying
of ov er 200,000 acres in
Puget
Sound. Mr. Schmidt facilitated WSDA team
planning
sessions and wrote the
phased
action
plan
WSDA needed to exterminate this v oracious
pest.
At the federal
lev el,
when the U.S.
Depmtment
of
Energy
concluded that some
20,000
GTCC
(Greater
than Class
C)
"sealed source" neutron
emitting
dev ices used
by industry
and academia
had
dirty
bomb
potential, they
asked scientists at Los Almnos National
Laboratory
to determine
how to collect and
dispose
of
them,
to
prev ent possible
terrorist access. Los Alamos then
recruited
Terry
Schmidt to build a nnified team and work
plan
with a dozen div erse
regulatory
experts, physicists,
and nuclear scientists. The
regulatory challenge was that this class of
radioactiv e dev ices fell between NRC and DOD
regulations,
and there were no
disposal
standards. The
dynamic
of this
project closely parallels
1-502 in that we had to
dev elop
disposal standards, get regulatory approv al
from the
NRC,
and
begin
the search for
possible
disposal
sites. His
expertise bridges
the fields of
Strategic Plmming
and
Project Management.
He
dev eloped
the
rapid
start
up process using
the
Logical
Framework
Approach,
and teaches
this in executiv e and academic
programs
at
UCLA, MI T,
and elsewhere
Mr. Schmidt worked with the
original LogFrmne dev elopment
temll in the
1970s,
then refined
the tool with hundreds of
clients,
and became the
acknowledged cxpert
with his books Turn
00005957
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Proposal February 15,
2013
Page
13 of 67
Strategy
Into Action and his latest
Strategic Project Management
Made
Simple:
Practical
Tools For Leaders And Teams
(Wiley, 2009) methodology
has received
high praise as a
practical
and
proved
solution tool for
complex projects
such as 1-502
implementation.
He was also chosen
by
the
Washington
State
Efficiency
Commission to head a
Licensing
Integration
Task Force. Mr. Schmidt facilitated
a task force of senior state
managers
and
loaned
private
sector executives in
integrating
the
licensing operations
of the
Departments
of
Wildlife and Fisheries. This task force work received
high praise
and was the
precursor
to
combining
these two
agencies.
Mr. Schmidt
began
his career as a planner
in
govermnent.
After
earning
his MBA in
1971,
he
worked in the Office of
Plal111ing
and
Program Review, US
Secretary
of
Transportation
in
Washington
DC. After his federal
career,
he became an international
development Consultant,
assisting
USAID and the World Ban1e to
design projects
and build team skiIIs in host
country
implementing agencies.
It was there that he learned the
Logical
Framework
Approach,
which
many government agencies are now
adopting,
and an ideal
methodology
for the LCB
projects.
Mr. Schmidt is
highly
skiIIed in
helping
clients to launch
major projects,
and build
high-
performance
task
teams,
and monitor and
manage implementation move
strategic
ideas into
action to
project management.
His slalls as a master
facilitator, project manager
and
project
launch
expert
who has conducted over a dozen custom
consulting projects
for
Washington
State
agencies, including:
.
Attorney
Generals
Office -Top leadership
retreat. Then
Attorney
General Chris
Gregoire
invited Mr. Schmidt to facilitate
a day
of innovation
planning
and
problem
solving
at their annual
top management
retreat.
.
Housing
Finance Commission
Develop- Strategic Planning System.
We
helped
this
Washington
state
organization develop a
long-range strategy
and
adapt our
Logical
Framework
approach as the basis of their arumal
goal setting
and work
plal111ing.
.
State Auditors
OfJice
-
Develop Strategic
Plan. When Brain
Sontag
was first elected to
State
Auditor, we were chosen to
help
them
develop
their ncw
strategic plans.
.
Department Information
Services
-Improvement
and balanced scorecard session. We
guided
the DIS s
Management
of
Systems
&
Technology
Division in a role clarification
session,
and launched thcir first ever balanced scorecard.
.
Department of
Revenue-
Reorganization
Retreat. We
designed
and facilitated a
workshop
for the entire staff focused on
introducing new
procedures
and
implementing
a self-directed team
concept
for a Division that
generates
$500 miIIion
al111ually.
00005958
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14 of 67
Our other
public
sector
proj ects
include...
.
Port
of
Seattle-
Developed
Balanced Scorecard. This
proj ect
involved
facilitating an
internal team of
planners
to
develop a balanced scorecard that
integrated multiple
planning processes
and
documents, including a
20-year
vision
statement, 5.year plan,
and
operational plans.
.
Lawrence Livermore National
Laboratory (LLNL) Strategic plans for
the
Computations
Division. LLNL is the nations
premiere
research and
development
facility.
We are hired to create
strategic operational plans
to
help
the Director
coordinate some 350
systems
administrators.
A master consultant
engaging facilitator,
and
dynamic keynote speaker,
his clients include
Apple,
Blizzard
Entertainment,
Timex
Group, Symantec, eBay, Boeing, Sony Electronics,
Univar
Republic Services,
Walt
Disney Imagineering, DirecTV,
Blizzard
Entertainment,
Northrop.Grumman,
the Naval Air Warfare
Center,
Los AlmllOs National
Laboratory,
Sandia
National
LaboratOlY,
the US
Depmtment
of
energy,
mld the Federal Reserve Board.
His
strategic planning
slalls are
recognized by
the Association For
Strategic Planning
which in
2010 awarded him the worlds fourth
Strategic Management
Professional" certificate.
In
addition,
he has an ironic sense of humour and loves
dogs.
00005959
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15 of 67
MeI Frank
(James.
J.
Goodwin)
Mel Frank is "God father of
Marijuana Growing"
who studied studies
botany
and
microbiology, earning
a BS in
biology
from
City College
of New York in 1975.
The Mel Frank
pen
name first
appeared
in 1971 in the New York
Flyer
of
Rolling Stone,
when
James J. Goodwin authored a
two-part
series on
marijuana growing
under fluorescent
lights.
After
reading
this
series,
Ed Rosenthal contacted
Frank, convincing
him to collaborate on a
marijuana growing book, culminating
in the 1974
publication
of the Indoor/Outdoor
Highest
Quality Marijuana
Growers
Guide, by
Level Press.
More than
anyone
he introduced
gardening through
his books which sold over 1,000,000
copies
combined.
Starting
in the
early
1970s
by publishing
works that describe various
marijuana
cultivation methods in
detail, ultimately cuhninating
in such works as
Indoor/Outdoor
Highest Quality Marijuana
Growers Guide
published
in
1974,
and the
Marijuana
Growers Guide Deluxe that was first
published
in 1978 and
again updated
and re-
released in 1997. The
Deluxe, proved
to be the seminal treatise on
marijuana botany
and
growing,
and received
praiseworthy
reviews in n111l1erous news
sources;
the New York Times
described the Deluxe as "... an
extremely
clear and
interesting essay
in
practical horticulture, as
accessible a
study
of a
single plant,
at this
high
level of seriousness as one is
likely
to find."
His books have been translated into
Dutch, German, Spanish,
and Czechoslovakian
languages.
The Deluxe
brought
the
reality
of hom
growing
into
pnblic awareness and
spurred widespread
interest in home
growing.
A
while, growing techniques aTe far more
sophisticated today,
the
current
understanding, terminology,
and
general strategies
for
growing,
snch as
stages
of
growth, photoperiod manipulation, preflowering, cloning,
and
regeneration were first described
in the Delnxe.
The Deluxe also featured Franks
photography
with the first color
photomicrographs
of resin
glands,
which he used to describe the
progressive development
mId
degradation
of resin
glands,
a
primary
indicator
universally
used to determine
optimum
harvest time. His
photography
has
appeared
in
magazines, trading cards, calendars, posters, books,
and
college
textbooks and
videos.
Frank
provided
thousands of
marijuana
seeds
freely
to n111l1erous
growers
in the
mid, 1970s and
early
1980s. He
managed a vast collection of
marijuana
landraces mId bred and
hybridized
for
increased
potency
and earlier
harvesting, so that
growers
in
northern,
colder areas could
grow
fully ripened marijuana.
Frank reasoned that if
growers
could
grow high-quality marijuana
anywhere, homegrown
would
replace imports
and
legalization
would follow. In 1977 he
donated seeds and
samples
of
eight prized
landraces to the US
government marijuana
research
program
at its
facility
at the
University
of
Mississippi
in Oxford.
He also
fieely
donated two varieties he
developed, Afghani
#1 and DurbmI
Poison, which,
along
willI
Haze,
Hindu Kush and Skunk # 1 from anotber California
breeder,
became the basis
for the commercial seed
industry
in Amsterdam. A substantial
majority
of all Dutch seed
"varieties" have
genetic
roots from these five cultivars that came from California.
00005960
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Frank wrote the Introduction to Rob Clarkes
Marijuana Botany, published
in 1981
and,
while
Frank was judging
at the 1996 Cannabis
Cup
in
Amsterdam,
Clarke offered Frank his
manuscript on hashish, Frank
edited,
contributed
photographs, and,
in
1998, published
Clarkes
seminal tome HASHISH! Much as the Deluxe had done with
marijuana
in the
1970s,
HASHISH! revolutionized
hashish-making by bringing a true
understanding
of what hashish
is,
how it was made in numerous cultures,
and how it could be made better with a scientific
tmderstanding
and
innovative,
modern
teclmiq ues,
In
2000, expanding on
techniq ues
in
HASHISH!,
Frank collaborated with Trichome
Technologies
to
produce a
High
Times article on
commercial,
non-solvent manufacture of
hashish
using
water. The water method
q uickly spawned a new
industry
that
supplies
micro-
pore bags
for
separating
resin
glands, mini-washing machines,
and various other devices for
hashish-making
in
" ( ater.
Lectnring
Frank first lectured on
marijuana growing
in Oakland in the
1970s,
and most
recently
in 2011
at Oaksterdam
University
in Los
Angeles,
He also has
appeared
on radio and at events as a
panelist
and
judge,
first on radio in
Berkeley
in 1979 and most
recently
in 2011 as a judge
of
medicinal edibles at a Cannabis
Cup
in Los
Angeles,
PUBLICATIONS
Cannabis Nomenclature to Medical
Marijuana
Horticulture
Contributed
photographs
and
chapter.
HASHISH! 2nd Edition
( revised)
Published, edited,
and contributed
writing
and
photography,
2012
2010
High
Times
Magazine
article
Collaborated witll Trichome
Technology
for
original
hashish-making
via water
process
article,
2000
HASHISH! 1" Edition
Published, edited,
and
provided photography
for this Rob
Clarke seminal tome,
1998
Marijuana
Growers Guide
Deluxe,
3,d Edition
( revised)
Authored, published,
and revised,
1997
Marijuana
Growers Guide
Deluxe,
2,d Edition
( revised)
1990
Marijuana
Growers Insiders Guide
Authored and
published,
1988
Marijuana Botany
Wrote Introduction.
1981
Marijuana
Growers Guide Deluxe
Co-author and
photographer,
1977
Marijuana
Growers Guide
( 128 page edition)
Co-author and
photographer.
1974
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Page
17 of 67
Rolling
Stone New York
Flyer
Authored article on
marijuana growing, published
in
two
parts.
1971
MagazineIPeriodical
Contributor
Authored numerous articles and
photographs
for
High Times,
Hi
L ife, Head, Marijuana Papers,
Red
Eye,
and others.
1974-present
ADDITIONAL RESEARCH
Amsterdam Seed
Supplier 1983
Developed
and donated
key marijuana
varieties that
helped
establish Amsterdam conunercial
seed
industry.
Marijuana
Research
Program, U niversity
of
Mississippi,
Oxford 1977
Donated 9 landrace strains and advice for federal research
program.
AFFIL IATIONS
Red
Eye
Press book
publisher
-
founder and
president 1988-present
TEACHING
Guest
L ecturer,
Oaksterdam
U niversity,
L os
Angeles
L ectured on Botanical
Nomenclature, Harvesting, Preflowering
2009-10
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Proposal February 15,
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William Hurst
Mr. William Hurst a FDA
compliance expert
with the
production
of beer and
pharmaceuticals.
His is also an
accomplished
driver of
corporate
culture
change
with
regulatory compliance.
He
earned a B.S in
microbiology
from Cal
Poly U niversity
San Luis
Obispo,
CA.
His
accomplishments
include
pioneering
work in
developing
cost effective GMP
regnlatory
policies
for botanical-based
pharmaceuticals.
This included
implementing FDA, U SP, FCC,
and ISO
compliance
initiatives in 10
production
facilities
globaIly.
Mr. Hurst
expertise
has
coIlaborated with on-the- floor workers to
implement disruptive concepts
snch as
process
control, change control, auditing,
and
procedure
based
manufacturing.
Mr. Hurst has led
global
forensic
chemistry
initiatives on multimillion doIlar
liability cases
with
Bayer
Pharmaceuticals and Heineken. He has worked on hundreds of international
compliance
teams with
nearly
every major brewing
and
pharmaceutical
company globaIly.
Mr.
Hursts
compliance
work continued lmtil 2011 when he formed a
company
to commercialize
lighting technology
for the
production
of
high
value
pharmaceutical plants.
Mr. Hurst has
extensive
knowledge
of the
production techniques
and costs associated with
high
value
crops
such as cammbis. This includes
pesticides, fungicides,
and the economics that drive the use of
said
products.
EXPERTISE
.
Regulatory compliance development
implementation: FDA, COMP, U SP, FCC,
ISO
.
Pharmaceutical~
Food &Bev.
production
.
Food &Pharmaceutical
s.fety
.
COMP
procedure development, 1
implementation
&
auditing
.
Clinical
Microbiology
&
Chemistry
.
Analytical chemistry
.
Quality assurance, Quality
control
.
Failure Modes &Effects
Analysis
(FMEA)
.
Marketing, Sales,
Distribution
.
Driving employee
culture
change
with
regulatory
initiatives
EXPERIENCE
Colt
lITigation
- Santa
Barbara,
CA
Commercial
agricultural
services in
crop production
President
.
Founder,
inventor
.
Author of two
patents
in commercial
crop production
2011 - Present
World Minerals -
Santa
Barbara,
CA
1998 - 2011
Producer
of specialty
minerals
for
the
food
and
biopharmaceutical
industries
Global
Manager
of Beer Production
2008 -
2011
.
Managed
$200
million/ yr
in
production processes
.
Directed CGMP
program
for beer
processing
aids
.
Directed
process development programs
and U SP
monograph
for beer
production
Global
Manager
of
Quality
Assurance
2006 -2008
00005963
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19 of 67
.
Developed/ implemented
FDA CGMP
q uality systems
for 15
manufacturing
facilities, globally
.
Implemented
Failure Modes and Effects
Analysis (FMEA)
.
Led
major corporate
culture
changes
towards
process-control
based
manufacturing
systems
Regional
Director of Pharmaceutical
Programs (N-
America &
Europe)
1998 - 2006
.
Directed GMP
compliance
and
liability programs
for
pharmaceutical manufacturing
support
.
Directed
process development programs
for
biopharmaceutical production
Hardy Diagnostics
- Santa
Maria,
CA
Producer
of microbiology media
for
clinical
diagnostics
Technical Account
Representative
.
Clinical
microbiology
&
chemistty programs
for food and clinical
programs
.
Managed public
health
diagnostic programs\
1994 - 1998
EDUCTAION
B.S_
Microbiology,
California
Polytechnic
State
University,
San Luis
Obispo-CA
Senior
Marketing Program, INSEAD,
Fontainebleau-France
1992
2011
PUBLICATIONS
I
PATENTS
.
Hurst,
W.E.
Dynamic Depth
F tration:
Proof-of-Principle, Microfiltration
with
Biopharmaceutical Liq uids,
2005
http://www.advancedminerals.com/pdf/AMC06
Bench Scale Proof Prine.w.
Celpure.pdf
Hurst,
W.E.DiatomiteFilter Aid in CGMP Parenteral Pharmaceutical
Processing a
Regulatory Perspective,
2005
http://www.advancedminerals.com/pdf/AMC03
Diatomite A
Reg.Perspect.pdf
Hurst,
W.E.Process of
photo morphogenic ally enhancing plants.
US
patent 7,774,979, Issued.
2010.
Zhang, J .P., Wang, Q., Smith, T.R., Hurst,
W.E.and
Sulpiz io,
T.Endotoxin removal
using
a
synthetic
adsorbent
of crystalline
calcium silicate
hydrate.Biotcchnology Progress, 2005;
21(4);
1220-1225.
Zhang, J .P., Wang, Q., Smith, T.R., Hurst,
W.E.and
Sulpiz io,
T.An Electrokinetic
Study on A
Synthetic
Adsorbent
of Crystalline
Calcium Silicate
Hydrate
and Its Mechanism
of
Endotoxin
Removal.Colloids SurfB
Biointetfaces,
2005 J u122.
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Sytze Elzinga
Sytze
received his bachelors
degree
in
biochem istry
and
subsequently
went on to
com plete
his
Masters of Science in Natural Product
Chem istry
from Leiden
University
in The Netherlands in
2006. Mr.
Elzinga early
research work involved
investigations
of Artem isinin and
sesquiterpene precursors
found in dead and
green
leaves of Artem isia annua L. Additional
work involved
investigation
ofthe
origin
of licorice
through
the use ofNMR.
Following
the
com pletion
of his m asters thesis Mr.
Elzinga
m oved on to
Farm alyse, a pharm acentical
contract
laboratory
that
perform s
the
quality
control and release of
pharm aceutical
products. Fanualyse possesses
the sole contract with the Dutch
goverm nent
for the
quality
control of the m edicinal cannabis
provided on
prescription through
the
pharm acies
in the
national m edical
m arijuana program .
At
Farm alyse
Mr.
Elzinga was
responsible
for the
quality
control of all m edicinal cannabis for the Dutch
pharm aceutical
m arket.
Mr.
Elzinga experience
is invaluable and
sim ply
cant be
duplicated.
No other
laboratory
in
the United States can boast such
experience
and
expertise pertaining
to the
proper analysis
and
quality
control of m edicinal cannabis.
Currently
at The Werc
Shop,
Mr.
Elzinga
continues to
push
the frontier of scientific
understanding
of m edicinal cannabis.
April
2011-
Currently
Director of
Quality
Control and
Assurance,
The Werc
Shop,
Los
Angeles, CA,
USA
The Werc
Shop
is an
analytical laboratory prim arily
focused on the
quality
control of
m edicinal
m arijuana. My responsibilities,
in addition to routine
oversight
of results and
reports,
include
writing
and
developing protocols,
m ethod validation and the isolation of cannabinoids
for use as
analytical
reference standards.
July
2010 -
April
2011
Manager
of Edible
Production,
Herbal
Solutions, Long Beach,
CA,USA
At Herbal Solutons I coordinated the
production
of edibles
containing
m edicinal
m arijuana.
Edibles had been
notoriously
inconsistent and this caused
com plaints
fiom
patients
who
wanted reliable m edicine. Under
m y supervision,
various new product
lines were
developed.
All of the
products are now m ade from
quality
controlled
statting
m aterials which results In
consistent edibles with an
exactly
known
strength.
Various m ethods were
developed
and
optim ized
to be able to
provide potent
edibles without the need of
dangerous
chem icals.
August
2006 - June 2010
Laboratory Manager,
Echo Pharm aceuticals /
Farm alyse
Weesp
/
Zaandam ,
The Netherlands
From
August
2006 to
August
2007 I worked
part-tim e
at
Farm alyse
-
a
pharm aceutical
contract
laboratory
which
perform s
the
quality
control and release of
pharm aceutical products
in
addition to
possessing
the sole contract with the Dutch
governm ent
for the
quality
control of
the national m edicinal
m arijuana
which is available on
prescription
in Dutch
phm nlacies.
At
Fm m alyse
I was
responsible
for the
quality
control and release of all m edicinal
m arijuana
for
the Dutch
pharm aceutical
m m ket.
During
this
period
I was further
responsible
for research
carried out on the
purification
of THC from
m arijuana.
This research led to a spin-off com pany
- Echo
Pharm aceuticals,
where I was a full-tim e
em ployee
since Nove1nber 2007 and oversaw
alllaboratory
activities. Within Echo I was
responsible
for the
purification
ofTHC which was
to be used as an active
pharm aceutical ingredient (API)
for the
production
of tablets. Various
research
projects
have been coordinated
by m e
ranging
from form ulation
developm ent
to
isolation.
00005965
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November 2006 -
August 2007, Laboratory Technician,
Leideu
University, Department
of Natural
Products,
The Netherlands
After
completing my
Masters
degree,
the
Department
of Natural Products solicited me to
remain at Leiden
University
to
provide
students with
help
on their various research
products.
Maintenance
oflaboratory equipment
aud
teaching
classes on
gas chromatography were also
elerrents in
my
work. This
position was
part-time
and was combined with
working
at
Farmalyse
/ Echo Pharmaceuticals.
2005 - 2006 Masters Thesis
Title: Chemical Differentiation of Licorice
by
Nuclear
Maguetic Spectroscopy
Licorice
samples
from different
geographical
locations were measured with
NMR,
after which
the collected data was
analyzed by principal component analysis.
This resulted in identification
of various
proton signals
that were related to the chemical
compounds causing
differentiation
between
geographical
locations. Various
chromatographic techniques were
employed
to do
targeted
isolation ofthe
differentiating compounds.
With the means of two dimensional
NMR,
fhll structure elucidation was
completed
and 4 new
flavonoid-glycosides were identified.
September
2003 -
January
2004 Bachelor Research
Project
2
Title: Extraction and
Quantification
of the Antimalarial Medicine Artemisinine from
Artemisia annua
At the
Hanzehogeschool
I
developed
and validated a thin
layer chromatography
method to
quantify
artemisine with the use of a PC scanner. It was
important
that the
developed
method
could be
applied
in Africa and would not be
dependent on
laboratory
infrastructure.
During
this
period
I also
developed
an efficient extraction method. The result of this research has been
presented
to the
Ministry
of Health in The Gambia. In December 2007 the first fields with
Artemisia annua have been
planted
in The Gambia and
they plan
to start a clinical test with
standardized
plant
extracts in the near future.
February
-
July
2003 Bachelor Research
Project
1
Title: Artemisinin and
Sesquiterpene
Precursors in Dead and Green Leaves of Artemisia
annua L.
Crops
This research was done at the
department
of Herb and Weed
Ecology
at the
University
of
Wageningen.
GCMS
analysis
of various
plant parts
were
completed
at Plant Research
Interuational and the data collected resulted in a publication
in 2007. Lommen
WJ, Elzinga S,
Verstappen FW,
Bouwmeester HJ. Artemisinin and
sesquiterpene precursors
in dead and
green
leaves of Artemisia annua L.
crops.
Planta Med. 2007
Aug; 73(10):
1133-9
Skills:
Laboratory techniques: HPLC, UHPLC, NMR, GC, MS, Preparative Chromatography,
PCR
and various other chemical and biochemical
techniques
Computer: Knowledge
in MS
office,
Waters
Empower,
Dionex
Chromeleou,
Simca
Certificates: License for
working
with GMOs
Dutch: native
English:
oral and written
fluency
German: oral
basic,
written basic
Languages:
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Category
2
-
Product
Quality
Standards and
Testing
5.
Ability, Capacity
and Skills
Our chosen technical subcontractor is The Were
Shop (TWS), a q uality
control and
analytical
services firm
operating
within the California medicinal cannabis market since 2010.
Commercially
offered services include validated cmmabinoid
q uantification,
mold and
microbiological analysis, pesticide
and other chemical residue
screening,
and extensive
terpene
profiling. Quality assurance,
consumer
safety,
strain identification and informative
labeling me
contingent upon
such technical
capabilities.
The
following description
of
skills, capacity,
and
experience
in
Category
2 refers to this finn without
mmecessary repetition
of the conmlercial
moniker and demonstrates our
capability
to
provide
these
Category
2 deliverables:
.
Minimum standards for
testing
and
confirming
Product
safety
fiom contaminants
Testing
standards for Product THCICBD levels and ratios for Product offered
Labeling
standards needed to meet the
req uirements as defined
by
law
.
.
TWS is lead
by
two world renowned cannabis
scientists,
Dr. Raber and Mr.
Elzinga.
Both are
well known
throughout
the medical cannabis
community as scientific innovators and business
professionals,
who
provide an excellent service. You
already
met Mr.
Elzinga,
now meet the
company
founder
J effrey
Raber.
Company
founder
J effrey
C. Rabel received his Ph.D. in
Organic Chemisliy
from the
University
of Southern California with a focus on
developing new
synthetic methodologies. Dr..
Rabers
backgroUl1d as an
accomplished scientist, patented
inventor and seasoned executive
bring a uniq ue
skills mix vital in this
proj ect.
Dr. Raber is the rare individual who combines
deep
science research credentials with
practicallaboratOlY experience
and
safety
service to
marij uana dispensaries.
He is as
respected by
the research
j ournals
he
publishes
in as he is
by
High Times,
and other
industry publications.
He serves as overall Technical Director of our
firm,
who will contribute to coordinate tasks
among
other team members.
Perhaps
the best evidence of his
expertise
and
respect
in the
industry comes from an Ul1usual
source. When Oliver Stone directed the movie
Savages,
which featured a cannabis
theme,
he
searched for the most
knowledgeable
and
respected
technical
advisor,
and chose Dr. Raber.
Our cannabis
expertise
stems from a love of
science, a superb knowledge base,
and a
deep
commitment to
protecting
the health of cmmabis consumers.
Ensuring consumer
safety begins
with
lUlderstanding
the nature of the
plant
and the
scientifically appropriate ways
to
characterize
products
derived from the
plant.
While the discussion that follows is scientific and
technical,
the
good
news is that it is
mmecessary
to understand
every
little detail at this
point.
We
plml
to transfer
appropriate
knowledge
to
you, educating
at a level sufficient to make the
necessmy
decisions about
standards and
regulations.
A. Infrastructure
Knowledge
to Ensure Product
Quality, Content, Ingredients
and
Consumer
Safety
We can help
WSLCB staff understand the infrastructure
necessary
to ensure cmmabis
product
q uality, content, ingredients,
md consumer
safety
because we have been enmeshed in it over
00005967
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the
past
decade. We answer infrastructure
q uestions
in a
way
that works in the real
world, not
in idealized scenados. We have then had to defend the
validity
of those answers to
legislators,
regulators,
other
scientists,
and consumers in the U.S. and abroad.
A number of infrastructure elements are essential: This includes
eq uipment
such as
liq uid
and
gas chromatographs, secure
laboratory environments,
standard
operating procedures,
staff
q ualified
to
operate
and maintain the
necessary eq uipment,
and robust data
management
systems.
This
experience
lends itself to
helping
the WSLCB Imderstand what works and
why,
and what the drawbacks are to each
approach.
A secure
laboratory
enviromnent
begins
with a brick and mortar
location,
not a "mobile
laboratory."
This allows for the use of standard lab
eq uipment,
such as ftllne
hoods,
and
proper
waste
disposal,
which
helps
to ensure the
safety
of technicians and the
community.
This also
helps
to ensure that the sensitive instrumentation needed to
effectively analyze
cannabis
remains
properly
calibrated. Bad data is one of the
biggest
enemies to a
system
of
safety
that
depends
on
accuracy
and
precision.
Both
liq uid chromatography (LC)
and
gas chromatography (GC)
have a place
in the cannabis
lab,
among
other
techniq ues.
But both LC and GC have their
strengths
and weaknesses as
detailed further below for
aspects
of camlabis
analysis.
Of
course,
in the hands of those
untrained to use it, even the best instrumentation can become worthless or even
dangerous.
Those
operating
in a
laboratOlY
need to be
properly
trained on the use oflab
eq uipment, as well
as
adeq uate safety procedures.
Standard
operating procedures (SOPs) are
designed
to eliminate
operator
error and ensure
sound
judgement.
SOPs extend
beyond
the
laboratory
and includes
sample collection,
record
keeping,
and data
management. Overall,
the
necessary
infrastructure extends well
beyond
the
analytical eq uipment,
but
analytical capabilities
remain the crux of it. At the risk of
getting
too
technical,
here are some basics that demonstrate our
knowledge
and how we hope
to
guide you
in
setting appropriate
standards.
Cannabinoid
Q uantification:
Of the over one hundred bioactive
compounds
found in
camlabis,
cannabinoids are
q uintessential as
implied by
their name. Cmmabinoids are a class of
compounds
that act on
receptors
in the human
body
and mimic the
activity
of substances
naturally
found in
every
human. C31mabinoids are
largely responsible
for the
many biological
effects documented for
c31mabis.
However,
each individual cannabinoid has
differing
effects.
Understanding
these
uniq ue
effects is essential to
understanding
the action and
safety
of a
cannabis
product, so it is
important
that
analytical
methods
give a true
pictnre
of what the
product actually
contains. As
highlighted
in
following table, cannabinoid content can be
altered not
only by productiOll
and
processing conditions,
but also
inadvertently by
the
instrumentation used to measure them!
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Natllrallv OcclIrrinp Cannabinoids Anabfical Considerations
A9 -T etrah ydrocannabinolic acid
(T HCA) Very prevalent
in current medical markets and is
best
analyzed
with
liq uid ch romatograph ic
meth ods
(LC)
due to
degradation
with h eat.
Commerciallv available reference standard.
Cannabidiolic acid
(CBDA)
Predominant in
Hemp, becoming more
prevalent
in medical markets and is best
analyzed
with LC
meth ods due to
degradation
with h eat. No
commercially available reference standard.
Cannabigerolic
acid
(GBGA)
T h e
precursor
th e
plant uses to manufacture
eith er T HCA or CBDA. Often not found in levels
greater
th an 1 wt%. Best
analyzed
with LC due
to
degradation
with h eat.
Helps
to indicate
h arvesting
times.
No commercially available reference standard.
D9 _
T etrah ydrocannabivarinic
acid
(T HCV A)
Rare cannabinoid not often
found,
best
analyzed
with LC due to
degradation
with h eat. No
commerciallv available reference standard,
Nelltral Cannabinoids AnaMical Considerations
D
-T etrah ydrocannabinol (T HC)
Less th an 1 wt% found on fresh
picked
flowers
due to slow formation from h eat of
ligh ts or due
to drvina conditions. Derived from T HCA.
Cannabidio1!CBD)
Similar to T HC and is derived from CBDA.
Cannabi~erol ICBm Similar to T HC and is derived from CBGA.
Cannabinol
(CBN)
Artifact of
analysis
th at can bc formed with
gas
ch romatograph y
due to
un~optimal running
conditions.
May
also arise due to
preparation
of
samples
for
analysis.
Present in
processed
oroducts due to over-h eating.
Unknown
degradation product (UNKO I) Appears
due to
over-h eating
ofT HC. We h ave
not
fully
ch aracterized th is ch emical but we are
able to detect and
report
its
presence.
T h is table sh ows caJU1abinoid
components currently analyzed by
T h e Werc
Sh op,
wh ich
prepared
in-h onse tile
necessary analytical
reference standards for th is
purpose. Naturally
occurring
cannabinoids are th ose made
by
th e cannabis
plant,
wh ereas nentral cannabinoids are
prepared th rough h eating
of th e natural acid-cannabinoids and
generally req uire some sort of
h uman intervention for th eir
presence
in an appreciable
amount.
As an
operating analytical laboratory,
we
rontinely identify
and
q uantify
8
prominent
cannabinoids found in cannabis
prodncts including:
delta-9
tetrah ydrocammbinol (/ > ; 9 -T HC),
tetrah ydrocannabinolic
acid
(T HCA),
cannabidiol
(CBD),
cannabidiolic acid
(CBDA),
caJU1abigerol (CBG), cannabigerolic
acid
(CBGA), tetrah ydrocannabivaric
acid
(T HCVA),
and
caJU1abinol
(CBN).
Accurate
q uantification req uires purified saJnples
of th ese
compounds, yet
only
a few are available from commercial sources. As a result, one of th e
largest ch allenges
in
cannabinoid
q uantification
is tile successful
purification
of th ese reference standards th at
cannot be
purch ased.
Our lmow-h ow in th is area stands to benefit th e LCB in
understanding
typical pitfalls
faced
by testing
labs and
h elping
to ensure th e
proper
assistance will be
provided
to
testing
outfits wh ere
appropriate.
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s 21.2 0
Max: 13.6
14.90
0.53
%
%
%
%
8.12 %
0.48 %
NO %
PASS
Ter n
rcene 9.73
Linal 0 2.74
Limonene 1.33
a- nana .0
Pnena 1.85
h Ilene 0.87
Te nalene .2.4
Mloroblal ScreenGOLD
~.~ H
CaD MaXI
CBDA
CSD
CB I
Pe$tlcldes Screen
Our firm and other
leading testing organiz ations use
liq uid chromatography (LC),
not
gas
chromatography (GC),
for cannabinoid
analysis
because LC allows the differentiationof
neutral cannabinoids from their acidic
congeners. Importantly,
the
physiological
effects differ
among
related neutral and acidic
cannabinoids, maldng separate
identificationessential for
consumer awareness and
product safety. Unfortunately,
GC does not allow this
degree
of
granularity
because it
chemically
alters various cmmabinoids inthe
process
of
analysis, as
demonstrated
extensivelyX
demonstrated
extensively.
Dussy FE, Hamberg C, Luginb
hl
M, et al. Isolationof Delta9-THCA-A from
hemp
and
analytical
aspects concerning
the deteiminatioll of DeIta9-THCincannabis
products.
Forensic Sci Int. 2005
Apr
20; 149(
1
):3-1
O.
http://www.ncbLnlm.nih.gov/pubmed/15734104
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The cannabis
t est ing ind ust ry
is st ill in t he nascent
st ages
of
m at urit y, so oft en several
t est ing
m et hod s are
ut iliz ed , m any
of which can
prove fault y.
Verificat ion
prot ocols,
snch as
"ring
t est s,"
in which various labs t est t he sam e cannabis
sam ple
can
help
ferret out t hese
d eficiencies as d em onst rat ed wit h a recent
st ud y spearhead ed by
CA NORML. 2. Well
guid e
you t hrongh
t he benefit s and lim it at ions of
using
each
analyt ical t echnique,
and what t o
consid er when
recom m end ing
m inim um st and ard s.
We also t rack ot her
cannabinoid s,
such as d elt a-8
t et rahyd rocm m abinol (A
B
-THe)
and
d egrad at ive
cm m abinoid s
yet
t o be
fully
charact eriz ed . These are not
t ypically
found in raw
plant m at erial,
but can som et im es
appear
in cannabis
prod uct s as a result of various
st orage
and
processing
m et hod s. We llild erst and t he chem ical basis and t he risks of various
synt het ically
prod uced cannabinoid s, com m only
known as Spice,
t hat have
appeared
in sm oke
blend s,
eit her
m asquerad ing as cannabis, or sold as cannabis alt em at ives. This
knowled ge
will be
helpful
t o
t he WSLCB in furt her
und erst and ing som e of t he
safet y
and
qualit y
issues t hat can arise wit h
cannabis
prod uct s
and
creat ing
effect ive m easures t o m inim iz e t he
pot ent ial
risks
t hey pose.
Our firm has ext ensive
experience
in t he
m icrobiological analysis
of cannabis flowers and
cann bis
prod uct s,
such as
infusions, beverages,
and food it em s. We
em ploy equipm ent
and
prot ocols accept ed by
t he FDA for use in
analyz ing food , phm m aceut ical, nut raceut ical,
and
cosm et ic
prod uct s, allowing
t he id ent ificat ion of hund red s of
m icrobiological agent s.
This
m et hod
operat es
on a
m icrobrial-colony form ing
unit s
per gralll (CFU/g) report ing basis,
which
is t he current
report ing
st and ard
accept ed
world wid e for t his
t ype
of
t est ing
in
m any t ypes
of
consum able
prod uct s.
Over t he
past
t hree
years,
we have found t hat
roughlr
25% of t he cannabis
salllples analyz ed
have been
posit ive
for a cont am inant of t his fashion. Just
recent ly
Seat t les Kom o News 4 ran
a t ragic st ory
about a
pat ient
who
d eveloped
serious healt h
problem s
from
sm oking
cont am inat ed
m arijuana purchased
at a Seat t le clinic.
Unfort unat ely
he had no recourse
because t here is no recall
syst em . Test ed , labelled ,
and t rac1eable
prod uct
will
help
avoid t hese
problem s.
Our
und erst and ing
of various
m icrobiological
and m old
t est ing
m et llOd s in
pract ice
will
help
t he WSLCB d et erm ine what m et hod s are bot h viable and
pract ical
from a
regulat ory
st and point .
Pest icid e &Ot her Chem ical Resid ue
Screening:
Unlike som e
agricult ural crops, pest icid e use st and ard s have not been est ablished for callim bis.
Nevert heless, we have
gone beyond m erely d et ect ing
t hese chem ical ad ult erant s in an effort t o
d erive rat ional
lim it s,
while
t aking
int o account
exposure
via inhalat ion. Our firm can
analyz e
for t he
presence
of 30 d ifferent
pest icid es,
herbicid es and
plant growt h regulat ors.
We consid er t his
necessary pre-work
t oward
est ablishing
convent ional and
organic
cannabis
st and ard s,
and
working
t o d et erm ine what chem ical resid ues will d em and
special vigilance.
As
could be
expect ed , we have confirm ed t hat
pest icid es present
in
quant it ies
below t he lim it of
d et ect ion on raw
plant
m at erial can
appear
in
large
am ount s in concent rat es m ad e from t hat
sam e m at erial. We have also found t hat
d epend ing on t he
specific pest icid e
and m et hod of
inhalat ion,
up
t o 70% oft hat found on
plant
m at erial can
pass
int o t he
lungs
of a consum er4.
2
ht t p://www. projeet ebd . org/RingTest . ht m l#RingTest
3
Int ernal d at a. The Were
Shop. (2013)
4
Sullivan
N, Elz inga S,
Rabel J.
(2013). Manuscript subm it t ed for publicat ion.
ht t p://t hewereshop . eom /wp-eont ent /upload sI20
11/08/The- W
ere-Shop-Sum m ary- Report
-t o-SI-re-
MeFinnsTFW -II
0824. p,< If
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Such exteusive
capabilities
and
m ultidisciplinary perspectives
will
help
the WSLCB determ ine
what
pesticide
standards are
necessary
and
im plem entable, as well as risks and benefits
involved with
potential approaches.
Solvent residues
m ay
be a concern for cannabis concentrates and
foodlbeverages
infused with
concentrates.
Many
m ethods of concentration exist and one
popular (and hazardous)
m ethod
utilizes chem ical
solvents,
such as butane or
isopropanol.
We have
developed exceptionally
sensitive m ethods for the detection of these residual
solvents, particularly
since their use in
cannabis concentrate
production
is
illegal
in California.5
Understanding
the risk that
processing
solvents can
pose
to consum ers
(and processors)
and
their historical
prevalence
in cannabis
products,
should
help
the WSLCB understand the
im portance
of
stipulating
lim its on their use.
Terpene Profiling
&Strain
I dentification:
Terpenes com prise a class of
plant com ponents com m only
found in essential oils that are
responsible
for arom a aud taste
properties.
For
exam ple,
lim onene is a
terpene
that is
responsible
for the characteristic arom a of
oranges.
I n
cannabis, som e have dism issed
terpenes
as
unim portant,
but the various roles
they play
in the
com plex physiological effects,
often
called
"entourage effects," are
becom ing
better understood.6 For
exam ple, som e
terpenes are
now known to have calm abinoid
receptor activity
them selves.
Terpenes
are believed to be the
reason
why whole-plant
calm abis
products are often
judged superior
to
purified
cannabinoid
preparations,
such as Marinol@ or
synthetic single com ponents
like Rim onabant@
Terpene profiling
is a valuable m eans to
identify
and differentiate
am ong
cannabis strains or
cultivars.
Terpene profiling can
"fingerprint" cultivars, providing a m ore
powerful
tool thall is
possible
with
genotyping,
because a cultivar s
physiological
effects are not dictated
solely by
its
genetics,
but rather how its
genes
are
expressed
when
interacting
within a particular
cultivation envirom nent and how that affects the
m achinery creating
the
plant s
sm all m olecule
m etabolites.
D irectly observing
the m olecules
responsible
for
physiological im pacts on
hum ans is a far better
approach
thall
indirectly inferring
that those m olecules
m ay
be derived
from a
particular plant.
We use our
terpene profile
database to
help
determ ine strain
variability
and strain
identification, as
m isnalning
is a com m on
practice
in an effort to increase the m arket
price
of
cannabis
products.
From a broad
survey
of California cannabis
being provided
in the
m edicinal
m arket, we fm Uld that
approxim ately
30%
had, intentionally
or
unintentionally,
m isrepresented
the
strain,
thus
m isleading patients.
I n
setting
m inim um
testing
and
labeling standards,
the WSLCB m ust decide whether
terpene
profiling
will be a
requirem ent or whether it
m ay
instead be
optional
inform ation
perm itted on
product
labels.
Labeling
standards
aside, terpene profiling
is our m ost
powerful
tool for
product accounting
and strain
identification,
which can help
m onitor for
m isrepresented
products
and
provide analytical
value
beyond product characterization,
and
perm it identifying
the
original source of
Washington
state cannabis
products
which end
up
in other states
(a
form
5
11
ttR
: / /thcwercsh
oR.
com / scrvi cos/res i d U 81-8 0 1 v en t -ana I ysis-
for- co n centra te sf
6
Russo EB.
Tam ing
THe:
potential
cannabis
synergy
and
phytocannabinoid-terpenoid entourage
effects. Br J Pharm acol. 2011
Aug; 163(7):
1344-64.
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of
" d i gi t al foot pri n t i n g) .
Accurat e
profi li n g d epen d s on t he
abi li t y
t o measure
man y
d i fferen t
t erpen es.
Our fi n n was t he fi rst t o offer commerci al
t erpen e profi li n g
for
caun abi s; we have
t he
capaci t y
t o
quan t i fy
37
t erpen es,
whi ch allows us t o lead t he
way
i n t hi s
promi si n g
appli cat i on .
Throughput :
Due t o t he
ri gors
of
hi gh-volume t est i n g, our fi rm has become
experi en ced
i n
d evelopi n g
met hod s t hat remai n vali d even when st ressed
by
t he n eed for
hi gh-t hroughput .
On e
pi t fall
en coun t ered
by
t hose less
experi en ced
wi t h can n abi s
an alysi s,
i s LC met hod s t hat work
ad equat ely
wi t h
sample an alysi s
t i mes of 40-50
mi n ut es,
but whi ch fai l when
sped -up,
hamperi n g
t he econ omi c
vi abi li t y
of commerci al
t est i n g.
More
i mport an t ly,
t hi s can
un i n t en t i on ally
lead t o labs
report i n g
i n accurat e
an alyt i cal
result s
or,
i n some
cases, t empt at i on
t oward t o
ski ppi n g
t he t est s
alt oget her,
i . e.
" d ry-Iabbi n g. "
We have foun d t hat ult ra-fast
li qui d
chromat ographi c
met hod s are
n ecessary
t o en sure
proper
resolut i on of all of t he
compon en t s
wi t hout
sacri fi ci n g t hroughput .
An ot her bot t len eck for con n llerci al
t est i n g
are
lypi cal
met hod s of
mi crobi ologi cal
an d mold
an alysi s
t hat can
requi re
5-7
d ays or more t o
complet e.
Such t i meframes hi n d er t he effi ci en t
movemen t of can n abi s mat eri al
t hrough
t lle t hree-t i ered
syst em.
Our fi rm has vali d at ed
met llod s t lmt
requi re a fract i on oft llat t i me for an accurat e
an alysi s.
Un d erst an d i n g
t he
n ecessi t y oft luoughput speed
an d
accuracy,
an d i t s
pot en t i al pi t falls,
wi ll be
most
i mport an t
when WSLCB formulat es st an d ard s t hat are bot h
possi ble
an d
pract i cal, as well
as i n
ed ucat i n g n ewcomers t o commerci al
t est i n g. Despi t e
our sci en t i fi c
curi osi t i es, our focus
at TWS has been
hi ghly pract i cal
d ue t o t he
n ecessi t y
of
provi d i n g useful,
an d
con si st en t ly
accurat e,
commerci al
t est i n g.
Rest assured t hat our recommen d at i on s an d ad vi ce wi ll be t oward
real-world
pract i cal appli cat i on s
d i rect ed t oward
i mplemen t i n g
an d
mai n t ai n i n g quali t y
con t rols an d
hi gh safely
st an d ard s for all cmmabi s
prod uct s.
B.
Abi li t y
t o Assi st i n t he Creat i on of
Quali t y
an d
Test i n g
St an d ard s
Based on our
i n -d ept h
t eclmi cal
experi en ce
wi t h cmmabi s
an alysi s
an d
quali t y con t rol,
especi ally
i n a commerci al
t est i n g en vi ron men t , our fi rm i s
pmli cularly
well-sui t ed t o assi st t he
WSLCB i n
creat i n g
st mld md s t hat wi ll be bot h rat i on al an d
pract i cal. Un d oubt ed ly,
t he ri sk-
ben efi t
an alysi s
i n volved i n
est abli shi n g
st an d ard s wi ll be
challen gi n g,
but wi t h our
un d erst an d i n g
of t he
pai n poi n t s
i n volved i n
pract i cal t est i n g,
mld
kn owled ge
of t he
probabi li t y
of
en coun t eri n g hazard s, we have much
perspect i ve
t o offer t he WSLCB.
Ult i mat ely, we
beli eve t hat
quali t y
con t rol an d
t est i n g
st an d ard s should be i n st i t ut ed t hat are n ot
n eed lessly
exclusi ve;
but we d o kn ow t hat a well-con si d ered
syst em
of
oversi ght
of t he
an alyt i cal i n d ust ry
wi ll be
absolut ely n ecessary
t o en sure
reli abi li t y
an d
ult i mat ely safeguard con sumers.
00005973
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29 of 67
6.
Experience
In
responding
to this
category,
we found it
impossible
to avoid
repeating
content in the the first
and second section. We bust that our
experience was
apparent
in the
A bility
and Skills section.
The bottom line benefit to the WSLCB is our scientific
expertise
and
experience
that means the
standards we
recommend,
and which become
part
of
your regulations, are fact based and
unimpeachable. They
are
grounded
in scientific and
practical research, so no one will be able to
legitimately challenge
the factual basis behind
your regulations.
We are committed to work
collaboratively
with WSLCB staff as busted confidants to transfer
cannabis
knowledge
and the scientific fundamentals
necessary
so
you
understand the rationale
behind the standards and
regulations we recommend. We
bring experience
in
helping
state
legislators
and medical
marijuana regulators,
and also in
providing
draft
language.
Our well-rounded team of cannabis
experts
covers the full
spectrum
of technical skills called
for in the RFP.
They
are not a
newly
formed
"pick-up"
team1l11familiar with each other.
Rather,
most have
working relationships amongst
themselves. This allows for a smooth
functioning
team
right
ont of the
gate.
With our
deep pool
of
expertise, we can fast-track
work;
we can bring
four Full-time
Eqnivalents (FTEs)
of cannabis
experts
so that tasks can be
accomplished
in fractions of
time, allowing
for more time for the critical
Regulation writing
essential for
completing
the Boards work
by
deadline.
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7. Staff
Qualifications
and
Capabilities
Here are detailed resumes of scientists Dr. Raber and Dr.
Douglass briefly
introduced here.
Jeffrey
C.
Raber,
Ph.D.
Dr.
Jeffrey
C. Raber received his Ph.D. in
Chemistry
from the
U niversity
of Southern
California with a focus on developing new
synthetic methodologies.
Driven
by a desire to
make a positive
contribution to
society
while
creating Americanjobs,
in 2010 Dr. Raber
founded The Were
Shop, an
independent laboratory
focused on botanical
analysis
and
sustainability
with an initial
emphasis on serving public
health and
safety
needs within the
medical cannabis
conununity.
Dr. Rabers
background as an
accomplished scientist, patented
inventor and seasoned executive
provide
him with a
unique perspective
and skill set useful in
assisting
state and local
regulators
in the construction and
implementation
of effective solutions
for the introduction of medical cannabis
products
to
qualified patients.
Dr. Raber is a serial
entrepreneur
with a thirst for
knowledge
and an ability
to envision new
technologies
and the
brighter
hJture
they
can
help
build. Dr. Raber was also an early mover in
the internet service
provider
market when he
helped
found a local
provider
in 1995 while
working
towards his B.S. in
Biochemistry
from Lebanon
Valley College.
Dr. Raber studied
plant phylogenetics
of the RuBisCO
enzyme
while at L VC and was named to the U SA
Today
1997 All-U SA
College
Academic Team for his research
accomplis1nllents
in this area. Dr.
Raber
graduated
from LVC and decided to move from his hometown in
Pelillsylvania
and
expand
his
opportunities by attending graduate
school in Los
Angeles,
CA at U Se.
Dr. Raber
completed
his
degree
at U SC in less than 5
years
and was awarded the Harold and
Lillian Moulton
Fellowship. U pon receipt
of his
degree
fom U SC Dr. Raber was asked to
join
a
start-up company
as the Director of Product
Development
where he created new molecular
scaffolds for use as
starting points
in the
investigation
of new pharmaceuticals by
medicinal
chemists and
successfully
transferred
proprietary
reaction
methodology
and know-how to a
production partner.
Having recognized a tremendous need for
quality
control and assurance in Californias Medical
Cannabis
arena,
Dr. Raber formulated a
concept
for an analytical testing laboratory
that
provided
services to the Medical Cannabis arena.
Having
reviewed a massive amount of
information and
peer
reviewed scientific
publications relating
to the beneficial
impacts
of
cannabinoid
receptor medications, a
specialty
area for Dr.
Raber,
he envisioned the means for
furthering everyones understanding
and hmdamental
knowledge
ofthe sustainable medication
provided tll1ough
the use of Cannabis sativa L. derived
products. Considering
tile incredible
support
he received for the
concept
and the vast number of individuals and institutions in need
of this
type
of
information, Dr.
Raber, despite
the inherent risk
personally
and
professionally,
decided to found The Werc
Shop
in an effort to make our world and homeland a better, greener
place.
2010 -
Present:
Founder,
President and Chairman of the Board of The Werc
Shop,
Inc.
Responsible
for
corporate vision, product development
and commercialization of The
Werc
Shops offerings
to the medical cannabis and
greater
sustainable
chemisliy
markets.
2004 - Present: Member of Board of Directors and President at
KinetiChem,
Inc.
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Provide
oversigh t
of t h e
research , development
and commercializat ion of Kinet iC h ems
cont inuous flow microreact or
t ech nology plat form.
2002 - 2005: Direct or of Product
Development
at Avrion
Molecular,
Iuc.
Responsible
for t h e
research , development
and commercializat ion of Avrions
propriet ary
react ion
met h odology. Responsible
for
t ech nology
t ransfer effort s t o t h ird
part y
manufact urer for t h e
product ion
of Avrions first
commercially
available
product s.
2003 - 2005: Research Assist ant at t h e
Universit y
of Sout h ern California.
Responsible
for lab
oversigh t as well as t h e
development
of new
synt h et ic
met h odologies
and t h e creat ion of novel
biologically
act ive
compounds.
1997 - 2002:
Iudepeudent
Cont ract or.
Provided
organic ch emist ry t ut oring
and IT
consult ing
services.
1995 -1997:
Syst em
Administ rat or at Lebauon MobileFoue.
Responsible
for
st art ing up
and
maint aining
int ernet service
provider
business
t h rough
inst allat ion and maint enance of
req uired
servers and
net working
h ardware and soft ware.
1994 -1997: Sole
Propriet or
of Creat ive
Tech nology
Solut ions.
Provided IT
consult ing, comput er t raining,
and cust om web
page design
services.
Educat ion
2002 - 2003: Post -Doct oral
Fellowsh ip; Universit y
of Sout h ern California
Research : New
synt h et ic met h odologies.
Advisor: Prof. Nicos A. Pet asis.
1997 -
2002: Ph . D.
Organic Ch emist ry; Universit y
of Sout h ern California
Dissert at ion:
Design
and
synt h esis
of novel
h et erocycles
and
pept idomimet ics
from
organoboronic acids,
amines and
carbonyl compounds.
Advisor: Prof. Nicos A. Pet asis.
Award: Harold &Lillian Moult on
Fellowsh ip
1993 -1997: B. S.
Bioch emist ry;
Lebanon
Valley College
GPA: cmu. 3. 41/4. 00;
in
major
3. 54/4. 00.
Research Act ivit ies:
Bioch emist ry:
Molecular
modeling
and
ph ylogenet ic analysis
of Ribulose-!
,5-
Bisph osph at e Carboxylase/Oxygenase
in
ph ot osynt h et ic organisms.
Comput at ional Ch emist ly:
Molecular
modeling
in educat ion direct ed at
producing
q uick
t ime movies for dist ribut ion via t h e Int ernet .
Organic Ch emist ry: Synt h et ic
st udies on t h e addit ion of
organomet allic reagent s
t o
q Ut nones.
Awards:
Vickroy Sch olarsh ip,
Andrew &Rut h Bender
Sch olarsh ip,
Wh os Wh o in
College St udent s,
USA
Today
All-USA Academic
Team,
AIC
Out st anding
Ach ievement in
Bioch emist ly.
Pat ent s &Publicat ions
Nit rogen-Cont aining Het erocycles, Pet asis,
N.
A. , Yao, X. , Raber,
J.
C. ,
US
Pat ent , 6,927,294
(2005).
Met h od and
Apparat us
for
Mixing
and
Dispensing Product s, Raber,
J.
C. ,
US Pat ent
8,210,736
(2012).
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Reactions of
Alkyllithium
and
Grignard Reagents
with
Benzoquinone:
Evidence for an
Electron-
Transfer
Mechanism, McKinley, J . , Aponick, A, Raber,
J .
C. , Fritz, C. , Montgomery, D . . ,
and
Wigal, C. T. ,
l
Org. Chem. , 1997,62,4874.
Quinone Alkylation Using Organocadmium Reagents:
A General
Synthesis
of
Quinols,
McKinley, lAponick, A. , Raber,
l
C. ,
and
Wigal,
C.
T. ,
l
Org. Chem. , 1998,63,2676.
Using Cyclic Voltammetry
and Molecular
Modeling
to D etermine Substituent Effects in the
One-Electron Reduction of Benz
oquin ones, Heffner,
l
E. , Raber,
l
C. , Moe,
O.
A,
and
Wigal,
C.
T. ,
lChem.
Ed. , 1998,75,365.
Halogen/Lithium Exchange
in
Hydrocarbon Media;
Basic and Continuous Reactor
Studies,
Slocum, D . W. , Kusmic, D . , Raber,
l
C. , Whitley,
P.
E,
Tetrahedron
Letters, 2010,
51
(2010)
4793-4796.
Selected Presentations
"A Web Site for the
Chemistry D epartment
at Lebanon
Valley College:
Information on
Students, Chemistry Programs
and Molecular
Modeling," Cornelius,
R.
D . , Wigal,
C.
T. ,
Raber,
l
C:, presented
at the American Chemical
Society,
Middle Atlantic
Regional Meeting,
March 1996.
"A Model of the Evolution of
Type
I
Ribulose-l,5-Bisphosphate Carboxylase/Oxygenase
(RuBisCO)
from tlle Common Ancestor of the
Spinach Chloroplast
and
Synechococcus,"
Raber,
J .
C. , Westerhoff, L.
M. , Moe,
O.
A. , presented
at tile
Pennsylvania Academy
of
Science, April 12-14,
1996.
"A
Phylogeny
of
Photosynthetic
Bacteria and
Chloroplasts
Based on
Parsimony Analysis
of
rbcL
Sequences," Westerhoff,
L.
M. , Raber,
J .
C. , Williams,
S.
E. , presented
at The
PermsylvaniaAcademy
of
Science, April 12-14, 1996.
"A Model Web Site for a
Chemistry D epartment
at a Small
College:
Instructional
Support,
D epartmental Information,
and
D elivery
of Materials for Molecular
Modeling," Cornelius,
R.
D . , Wigal,
C.
T. , Raber,
l
C. , presented
at the 213th National
Meeting
ofthe American
Chemical
Society,
San
Francisco, CA, April 13-17,
1997.
"New
Methodology
For
Quinol Synthesis," Aponick, A. , Raber,
l
C. ,
and
Wigal,
C.
T. ,
presented
at the 214th National American Chemical
Society Meeting
in Las
Vegas, September
1997.
"Integration
of Molecular
Modeling
Into the
Chemistry Laboratory Curriculum," Wigal, C. T. ,
Raber,
l
C. ,
and
Cornelius,
R.
D . , presented
at tile 2l4th National American Chemical
Society
Meeting
in Las
Vegas, September
1997.
.
"Synthesis ofBenzodiazepines
from
1,3-D iamines
and
Organoboronic Acids", Petasis, N.
A. ,
Raber,
l
C. , Patel,
Z.
D . , presented
at the 220th American Chemical
Society meeting
in
Washington, D . C. , August 20-24,
2000.
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"Synthesis
of
Benzodiazepine
Derivatives
Using Organoboronic Acids", Petasis,
N.
A., Raber,
J.
C., Yao, x., presented
at the 222nd American Chemical
Society meeting
in
Chicago, IL,
August 26-30,
2001.
"New Boron-Based
Multi-Component Reactions", Petasis,
N.
A., Douglass,
B.
J., Raber, J.
C.,
presented
at the 229th American Chemical
Society meeting
in San
Diego, CA,
March
13-17,
2005.
"Makeover of the
Lithium/Halogen Exchange:
Continuous Reactor
Studies", Slocum,
D.
W.,
Kusmic, D., Raber,
J.
C., Reinsheld,
T.
K., Whitley,
P.
E., presented
at the 240th American
Chemical
Society meeting
in
Boston,
MA
August 22-26,2010.
"Flow
Chemisliy vs. Batch
Chemistry: Halogen/metal Exchange Studies", Slocum,
D.
W.,
Kusmic, D., DiLoreto, M.
A., Raber,
J.
C., Whitley,
P.
E., presented
at the 42nd National
Organic Symposium, Princeton, NJ,
June
5-9,
2011.
"Scalable, Non-clyogenic Approach
to
Halogen/metal Exchange
and
Subsequent
Derivatization",Whitley,
P.
E., Kusmic, D., Reinscheld,
T.
K., DiLoreto,
M.
A., Raber,
J.
C.,
Slocum,
D.
W., presented
at tlle 43rd IUPAC World
Chemistry Congress,
San
Juan,
Puerto
Rico, July 30-Aug. 7,2011.
"Continuous TEMPO-Bleach Oxidation
Using
A Film-Shear Reactor:
Rapid
Oxidation of
Alcohols In A
Biphasic System", Tinder, R., Whitley,
P.
E., Slocum,
D.
W., Reinscheld, T.
K.,
Austin,
N.
D., Bush,
S.
J., Raber,
J.
C, presented
at the 244th Americffil Chemical
Society
meeting
in
Philadelphia, PA, Augnst 19-23,2012.
Professional Memberships
American Chemical
Society Member,
1993 - Present
Pe1l11sylvania Society
of
Scientists,
1995 &1996
Lebanon
Valley
Chamber of
ConU1lerce,
1996 &1997
00005978
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Brad. J.
Douglass
Brad
Douglass possesses
a Ph.D. in
OrganicIMedicinal Chemistry
from
USC, along
with an
M.S. in
Regulatory Science,
and B.S.
degrees
in Neuroscience and
Computer
Science. An
advisor to TWS since
2010,
Dr.
Douglass
has worked in various chemical
enterprises
that
demand
deep ex pertise
in
llilalytical chemistry techniques.
Most
recently
he has been active in
the
Dietary Supplement industry
where the vlli ious
herbs, vitamins,
and natural
products
have
broadened his
ex pertise
in not
only dealing
with the technical
aspects
of these
products ( e.g.
raw material and finished
product analysis)
but also
regulatory aspects
such as
good
manufactnring practices ( GMPs) , labeling requirements
for
physiologically
active
compounds,
and standardized
protocols.
Dr.
Douglass
is also an active consultant with an FDA Affairs
Consulting Group.
He lives in Seattle and
represents
TWS in
Washington
State.
Present
Regulatory Consultant,
EAS
Consulting Group ( half-time)
2011-Pres.
Present
Partner, Entrepreneur Glykon Technologies Group ( full-time)
2011-Pres.
Regulatory Consultant,
EAS
Consulting ( Jroup ( part-time)
2011- Pres.
Scientific/Regulatory Consultant,
Jarrow Formulas, Inc.
( half-time)
2010-Pres.
Education
Ot ganic/Medicinal Chemistry,
Ph.D. GPA: 3.9 2000 - 2006
Regulatory Science,
M.S. GPA: 3.5 2003 - 2006
Computer Science,
B.S. GPA: 3.8 2002 - 2006
Psychobiology,
B.S.
.
University of
Southern
California
GPA:3.7 1996 - 2000
Ex perience
Research/Innovation
Consultant,
Power
Balance, LLC.
( part-time)
2011
Research/Innovation
Consultant,
C5Rx
Pharmaceuticals, Inc.
( part-time)
2010
Education
Manager
&Technical
Specialist,
Jarrow Formulas Inc.
( full-time)
2008 - 2010
Dir.
Technology Development/
Senior
Scientist,
KinetiChem Inc.
( full-time)
2006 - 2007
Postdoctoral
Fellow, USC, ( full-time) 2006 - 2006
Teaching Assistant, Entrepreneurship Dept., USC, ( part-time)
2005
Technology Due-Diligence Consultant,
Zone Ventures
( part-time)
2004 - 2005
Research &
Teaching Assistant, Chemistry Dept.,
USC
( part-time)
2001- 2006
Lead
Researcher,
Australian National Parliament
Inquiry, CanbelTa,
Australia1998
Led an effort to understand and
suggest
solutions for
"petrol sniffing" among
the
youth
of the
Aboriginal community
of Aurukun in far-north
Queensland
00005979
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Academic Honors
.
Earned additional B.S.and M.S.
degrees
while
completing
Ph.D.2000 - 2006
.
John Stauffer Graduate
Fellowship, (one per aJmum)
2002 - 2003
.
Harold E.Moulton
Chemistry
Graduate
Fellowship
2003
.
USC Excellence in
Teaching
AWaJd 2002
.
USC Full-Tuition
Undergraduate
Academic
Scholarship (Trustees)
1996- 2000
.
Phi
Kappa
Phi Award for
Outstanding Undergraduate
Research 1999
.
Graduated
High
School in Three Years 1996
Activities
TheWercShop/AHPA/ASA
Contributor
HealthThink
Blog @Wellwise.org
Co-Founded Graduate Student TGIF
Seminar,
use
Captained
USC Intramural Soccer
Team,
use
2011- Pres.
2010 - 2011
2005
2003
Selected Puhlications
.
Douglass,
Brad.Blackcurrants: The
Forgotten Superfruit.
Whole Foods
Magazine.
January
2009.
.
Douglass,
Brad.
Syuthetic
Molecular
Programming
aud
Suhstrate-dependent Drug-
discovery:
From
Mnlticomponent
Reactions to
Cyclic Peptides.
Doctoral Dissertation.
University
of Southern
California, 2006.
.
Douglass,
Brad.
Tuming
Petrol
Sniffing Right-Side-Up
in Aurukun:
Searching
for the
Causes and
Making
Plans for the Present and Future.Australian Parliament
Publications,
1998.
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8.
Approach
and
Methodology
Our
approach
to
assi sti ng
the WSLCB wi ll
begi n
wi th the elaborati on of the
q uali ty control,
q uali ty
assurance
concern,s
and
analyti cal techni q ues pertai ni ng
to cannabi s. Thi s wi ll i nclude
a thorough
educati on of the cri ti cal
aspects pertai ni ng
to
cmmabi s,
the chemi cal consti tuents of
cannabi s and thei r
physi ologi cal i mpacts,
the contami nants associ ated wi th
cannabi s,
and an
overvi ew of the current methods used to
produce
vari ous cannabi s
products.
It i s
i mportant
that
you
become
fully
i nformed and educated on all of the
aspects relati ng
to
mari juana,
from
producti on through use and
everythi ng
i n
between,
to allow
you
to
develop
the most well-
i nformed
regulatory system possi ble.
We wi ll do thi s
throngh compari son
wi th
ex i sti ng regulatory
frmneworks for
analogous
products
where
they
ex i st. The
goal
i n
starti ng
i n thi s
way
would be to
help ground
the
conceptual
framework of cannabi s
analysi s
i n
the
mi nds of WSLCB
staff, so that the basi s for
recommendati ons are well understood. Thi s
phase may
also i nvolve a vi rtual tour of our
connnerci al
analyti cal faci li ty
to
help
demonstrate the
processes
and
procedures
cani ed-out i n
our
faci li ty
and thei r rati onale.
In the nex t
phase, we would
engage
i n a ri sk-benefi t
analysi s
and di scussi on about the vari ous
opti ons
avai lable i n
establi shi ng q uali ty
and
testi ng
standards wi th WSLCB staff. Post
di scussi on, we would create a draft
gui dance
document
outli ni ng
recommended standards for
testi ng
and
confi rmi ng product safety
fom contmni nants,
levels of acti ve
consti tuents,
and
overall
q uali ty
control
consi stency.
We wi ll seek comment from other stakeholders
i ncludi ng
those wi th
analyti cal
and
q uali ty
control
ex peri ence
wi th cannabi s and related
products ( e.g.
Humulus
lupulus, hops) so that the
regulati ons promulgated
arc as i nclusi ve as possi ble
and based on ci rcumspect analysi s.
Thi s
process
wi ll also be cri ti cal to
understandi ng
to what ex tent i ndi vi dual
testi ng
enti ti es
may
need
to be
regulated
mId harmoni zed.
Wi th the
help
ofWSLCB
staff, we would resolve all
objecti ons
and
i ncorporate
all
suggesti ons
rai sed
dUl~ng
the comment
peri od.
Then we would make our fi nal recommendati ons to the
WSLCB and assi st wi th
convelti ng
those recommendati ons i nto formal
regulati ons.
At thi s
stage,
we would also be
prepared
to offer
gui dance ( i f desi red) on what framework
may
be
req ui red
to ensure that the
regulati ons
are
successfully i mplemented by
all enti ti es
engagi ng
i n
testi ng
servi ces.
We would then seck to
help
WSLCB staff defi ne what elements of cannabi s
product labeli ng
that should be
req ui red
and what elements
merely permi tted.
As an
enti rely new class
oflegal
consumer
products, speci al
care wi ll need to be taken to
convey
i nformati on to the consumer i n
way
that i s
transparent
wi thout
bei ng confusi ng.
Thi s wi ll necessi tate
evaluati ng proposed
label formats
usi ng
focus
groups
of
potenti al
consumers i n
conjuncti on
wi th the
CategOly
4 tasks. We beli eve the
labeli ng regulati ons
for
cannabi s
products
wi ll
gai n
much
by adopti ng apropos labeli ng
mechani cs
already
used for
currently regulated
and controlled
products
such as food, di etary supplements, li q uor,
and
tobacco.
As
part
of
helpi ng
establi sh the
necessmy labeli ng
standards needed to meet the
req ui rements
as defi ned
by law, we wi ll also
help
create
labeli ng gui dance
documents and
FAQs
to assi st
fi i llIS i n
complyi ng
wi th those standards. We
ex pect
such documents would i nclude
ex ample
00005981
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labels and other
prac ti c al
i nformati on to avoi d c onfusi on and
SUppOlt
the
c ompli anc e
wi th the
establi shed standards. Provi si ons for
audi ti ng
the
i mplementati on
of sai d
poli c i es
and
ensuri ng
that
they
remai n effec ti ve
through
the
proc ess
c ontrol and
opti mi zati on phases
wi ll also be
addressed.
After the
system
i s i n
plac e, we are
prepared
to c onti nue to offer useful c onsultati on servi c es to
troubleshoot the real world
appli c ati on
of the
regulati ons
c reated. We also
expec t
thi s
peri od
to
nec essi tate an evaluati on of the
regulati ons
i n
plac e
to determi ne whether
they
are
meeti ng
the
i ntended
obj ec ti ves.
lfthe i ntended
obj ec ti ves are not
bei ng met,
we wi ll be
prepared
to fi nd
the reasons for
defi c i enc y
and
snggest
means for reform and/or
i mprovement.
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Category
3
-
Product
Usage
and
Consumption
Validation
Category
3 calls for two distinct deliverables:
1. A
report detailing recreational,
medical and total
Marijuana use in
Washington State, by
county,
and
2. A
projected
volume
ofMarijuaua
needed on an annual basis to
satisfy demand,
and
establish
plant yield
and
growth
volume
assumptions
needed to
keep pricing
at or below
black market.
These two are
logically
related in that the results of Deliverable #1
provides
some
(but
not
all)
of the information needed in Deliverable #2. The other essential information needed to
project
volume needed will come from stakeholder focus
groups.
The technical
expertise
and
experience req uired
to
produce
these two deliverables
overlaps
but
is not identical. Both deliverables
req uire
skills in
survey design
and
implementation,
and
interviewing
for sensitive information.
But,
in
addition,
the second deliverable
req uires
agricultural
economics
expertise
and a
deep understanding
of
grower psychology,
behavior and
strategy.
Thus our firm
proposes
an innovative
approach
for
Category
3 which involves two firms with
complementary capabilities spear-heading
these two distinct
deliverables,
while
collaborating
on the intersection between them. This
partnership
will allow our team to execute both
q uickly
and
agilely.
Sneh a collaboration will also
bring more
precise answers tothese
all-important
consumption
and
production q uestions,
where
single
firms
may
fall short. The two firms will
collaborate on each of the
surveys
without
duplicating efforts,
yet independently
validate each
others
approach
to
survey
data collection in a cost-effective maimer. To
simplify discussion,
we will refer to the two deliverables
as the demand side
(users
and
usage)
and the
supply
side
(volume
needed to
satisfy need) .
Important
Note: While we have
provided an initial recommendation
for
the research
approach
and
methodology,
this is based on the limited
iriformation provided
in the RFP.
During
the
lengthy period
between
preparing
the RFP document and
now,
WSLCB
thinking
has no doubt evolved into a clearer
understanding of
the deliverables
req uired.
Given the
scope
and
uniq ue
nature
of
this
project,
the
final
research
plan
will
ultimately
be
shaped by
in
depth
discussions with WSLCB and the
resulting methodology
and
approach may change.
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9.
Ability, Capacity
and Skills
Deliverable #1: Demand Side
Oilr criteria for
choosing a demand side
partner
included
highly professional survey skills,
strong experience doing consumer cannabis
surveys,
and considerable
experience
in the areas
of
probing consumer attitudes and
behavior, especially as
they pertain
to
marijuana
and
pnblic
policy.
Our demand side
partner
is EMC
Research,
Inc.
(EMC), a fnll-service market research
and
strategic consulting
finn with 22 research
professionals
on staff with offices in
Seattle,
Oakland, POltland,
and Columbus.
They bring
almost 25
years
of
experience managing
all
types
of
q uantitative
and
q ualitative
research with extensive
expertise
in:
understanding
of
Washington
States
public opinion
environment; researching
sensitive
topics; conducting
market research on mmijuana product
usage; operating
in a
public environnlent; and, researching
attitudes and
opinions regarding
cmmabis.
Seattle
principal
Andrew Thibault has been with the
company
for nineteen
years.
Mr.
Thibault has
designed
and directed thousands of research
projects,
both
q ualitative
and
q uantitative, including
focus
groups,
one-on-one interviews, intercepts,
and
internet, mail,
fax
and
telephone surveys
for
political, corporate, govermnent
and
non-profit
clients
including
King County, WSDOT,
Sensible Seattle
(making marijuana
the lowest enforcement
priority
in
Seattle),
and work on statewide MedM initiatives. Mr. Thibault is a liberal arts
graduate
of the
University
of
Maryland.
He also received a graduate degree
from
George Washington
Universitys
Gmduate School of Political
Mmmgement,
where he studied
survey
research and
campaign management
with some of the nations
top political
and research
professionals.
He is
a current member of the Market Research Association and the American Association of Public
Opinion
Researchers.
Ruth Bernstein led the research team for the 20 I 0
campaign
for
marijuana legaliz ation
in
California
(Proposition 19).
She lead a team which EMC conducted
eight telephone polls
totaling over 5,700 phone interviews, as well as six focus
groups,
to
help
the
cmnpaign
understand voter attitudes and
design messages
to increase
support.
The research included in
depth analysis
of
demographic
and
psychographic
trends
relating
to
marijuana use md attitudes
toward
marijuana.
We
developed psychographic segmentations using family lifestyle,
parenting,
attitudes toward
MedM, past marijuana use,
and
familiarity
with other
marijuana
users that
was coupled
with
demographic segmentation
to
target cmnpaign
communications.
Demand Side
Capability
and Skills
Getting a true read on controversial/ private topics
like
marijnana consumption
is a significant
research
challenge.
In addition to direct research on
marijuana issues, we have a diverse client
portfolio
that has covered a wide
range
of other sensitive
topics including homosexuality,
gmnbling
habits and
spending,
alcohol md
drug use,
and other sensitive health and
lifestyle
issues.
EMC has decades of
experience working
with
public agencies (e.g. Washington DOT,
Sound
Transit, Washington Employment Security Department,
Santa Clara
Valley
Health and
Hospital Systems,
Harborview Medical
Center),
mld
they
have extensive
experience navigating
public contracting processes, presenting politically
sensitive
opinion
research in a
pnblic
00005984
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set t i n g ( e. g. mari juan a legali z at i on ,
behavi oral healt h
i ssues, fami ly
an d medi cal
leave,
recycli n g
an d eco-con servat i on
habi t s) , deali n g
wi t h medi a
i n q ui ri es,
an d
meet i n g open
records
req ui remen t s.
EMCs
lon g hi st ory
of research i n
Washi n gt on
St at e combi n ed wi t h t he
vari et y
of research
con duct ed
provi des
an
un paralleled un derst an di n g
of t he
publi c opi n i on
en vi romn en t an d t he
un i q ue
research n eeds of t hi s st at e. Our
experi en ce
i n
Washi n gt on
St at e i n cludes
mult i ple
research
project s on at t i t udes about
mari juan a
an d
legali z at i on .
Deli verable #2:
Supply
Si de
Our cri t eri a for
select i n g
t he i deal
supply
si de
part n er
i n cluded ext en si ve
experi en ce
i n
met hodology desi gn , agri cult ural surveyi n g, deali n g
wi t h sen si t i ve
t opi cs, vali dat i n g survey
met hods,
an d
overcomi n g
t he
challen ges
associ at ed wi t h
reachi n g
ret i cen t
populat i on
segmen t s.
We foun d t he i deal
part n er
i n t he Soci al an d Econ omi c Sci en ces Research Cen t er
( SESRC)
at
Washi n gt on
St at e
U n i versi t y.
SESRC has been i n exi st en ce si n ce t he
early
1970s an d was foun ded
by
Dr. Don
Di llman , a
world ren own ed WSU
facult y
member an d a
leadi n g
soci al sci en t i st wi t h 4 books an d more
t han 200
journ al
art i cles t hat have some of t he
hi ghest
ci t at i on s i n soci al sci en ce research an d
survey
research i n t he U n i t ed St at es an d
i n t ern at i on ally.
Di llman s met hods have
proven
t o be
t he
bluepri n t
for
carryi n g
out
surveys
t o t he
hi ghest degree
of sci en t i fi c
vali di t y, reli abi li t y,
an d
accuracy.
Thi s Cen t er
possesses
bot h
hi ghly regarded survey
excellen ce
an dagri cult ural
expert i se.
SESRC i s con si dered a Cen t er of Excellen ce because i t s st i ll act i ve
foun der, Dr.
Don A.
Di llman ,
i s a
n at i on ally
ren own ed researcher i n t hi s area.
Dr. Dan n a L. Moore has worked wi t h SESRC for over 30
years,
an d i s In t eri m Di rect or. She
i s
vely
fami li ar wi t h
agri cult ural q uest i on s, q uest i on n ai res,
an d
developi n g
an d
i mprovi n g
agri cult ural q uest i on s
t o
get
at
speci fi c
i ssues an d at n ew i ssues n ot
previ ously i n vest i gat ed
i n
agri cult ure.
She has been i n volved wi t h
redesi gn
of
q uest i on s
an d t he vi sual
redesi gn
of t he
Agri cult ural
Resource
Man agemen t Survey,
t he
Agri cult ural Cen sus,
an d t he
Agri cult ural
Cen sus Iden t i fi cat i on
surveys
admi n i st ered
by
t he Nat i on al
Agri cult ural
St at i st i cs Servi ce over
t he course of more t han 10
years.
She
i mplemen t ed
t he fi rst web
survey
for NASS of
lan down ers wi t h t he
pot en t i al
for
agri cult ure.
The SESRC
experi en ce
i s
speci fi cally
relevan t t o
est abli shmen t
survey respon den t s.
Market chamlel
suwey
dat a wi ll be used t o
develop
deman d
model( s)
an d est i mat e
agri cult ural product i on
an d
supply.
Dr. Moore i s also
very experi en ced researchi n g
t he
gen eral publi c
bot h st at ewi de i n
Washi n gt on as well as
n at i on ally.
She has con duct ed
surveys
across mn n erous
populat i on s,
t opi cs,
an d
geographi es i n cludi n g
sen si t i ve
subject s
li k
mari juan a, alcohol,
an d
drug use;
vi olen ce an d
vi ct i mi z at i on ;
law
en forcemen t ,
an d human
subject s revi ew, con fi den t i ali t y
an d
volun t ary part i ci pat i on . Toget her, our t wo
survey organ i z at i on s can
expedi t e
t he
q uest i Olmai re
developmen t
for bot h t he
gen eral populat i on mari juan a con sumer
survey
an d t he
supply
si de
market chan n el research an d
surveys.
Wi t h each of t hese collaborat ors
havi n g a
desi gn at ed
focus on di fferen t
survey
effort s wi t h cross collaborat i on for
meet i n g st udy object i ves our
research t eam Clli lmove
q ui ckly
an d
agi lely.
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10.
Experience
Deliverable #1: Demand Side
Over the last
decade,
these individuals headed extensive
proj ects on the issue of cannabis
regulation,
from
early
efforts on Tax and
Regulate
in
Washington
State to more recent work as
the lead research team for Californias
Proposition
19
(the Regulate, Control,
and Tax
Cannabis
Act).
Our research on this
issue, including our
specific demographic segmentations,
has been
repeatedly proven
to be accurate in
predicting
voter
opinion
on this sensitive
topic.
In our
experience gained
from the research for
Prop 19, we
successfully
confronted research
challenges
in
studying
sensitive behaviors such as
marij uana use and
opinions
on controversial
topics
like
legaliz ation.
We also
employed
innovative research methods
including a
side-by-
side
survey using
live interviewers for
part
of the
sample
and automated
response technology
(IVR)
for the remainder in an effort to determine how
support
differs in the absence of
interaction with a live interviewer.
In addition to statewide
marij uana
research
proj ects
in
Washington
and
California, EMCs
work in the field also includes local initiative cannabis proj ects
in
Seattle,
San
Francisco, West
Hollywood,
Santa
Barbara,
Los
Angeles,
Santa
Monica,
Santa
Cruz ,
San
Diego,
and Oakland
on behalf of the Sensible Seattle
Coalition,
California
NORML,
the
Marij uana Policy Proj ect,
Los
Angeles
Patients mld
Caregivers Group,
Oalcsterdam
News,
and Oakland Civil Liberties.
Our
long history
of
working on this issue has
given us
nnique insight
into how
public
attitudes
around recreational and medicinal
marij uana use have evolved and how these
changes impact
research
design
and
implementation. Working
in this
industry, we understand the need for a
carefully designed questionnaire
to
encourage
honest
responses
so that we can
accurately
estimate
product usage, taking
into account the wide
variety
of
marij uana product forms,
and
the
complex variety
of
product sources.
Beyond
cannabis
issues,
EMC was the lead on a
recently completed large
scale
study
in the
Puget
SOllild
region
for Sound Transit
providing a detailed estimate of market shme and an in-
depth
look at the
behaviors, perceptions
and attitudes tl1at influence decisions around conullute
mode. EMC
developed an overall market
segmentation
for SOlli1d
Transit, along
with a more
detailed Potential Rider
segmentation
that used a series of attitudinal and behavioral
questions
to
place respondents along a continuum of likelihood to use Sound Transit services.
Deliverable #2:
Supply
Side
For the LCB resemch for the 1-502
Marij uana study
Institutional Human
Subj ects
review is
critical to
protecting
research
participants.
SESRC has access
to,
and
utiliz es,
the
Washington
State
U niversity
Institutional Review Board to review all
survey
and
qualitative
research
proj ects
for hlli11ml
subj ects
risk. Without
exception
SESRC
persOfmel
and interviewers are
trained in human
subj ects issues, pass
a skills and
knowledge test,
and
every employee signs a
pledge
of
confidentiality
to
guard respondent
information.
Our
U niversity
Partner is
very experienced
in
implementing
mixed mode
survey protocols
with
business
establishments, specifically
rural businesses and small businesses. SESRC has
.
considerable
experience
in the visual
design
of self-administered
questionnaires
and is
particularly
suited to
provide experimentally
tested methods
experience
in relation to what
types
of
protocols
en11ance and influence
survey respondents.
It is usual
practice
for them to
00005986
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implement
what is known as best
prac tic es
in foc ns
groups, c ognitive interviewing
and
testing,
and
survey
mixed mode
implementation.
Here is some relevant
experienc e
this institution
possesses
in sensitive
subj
ec t studies and
substanc e
use,
as well as
agric ultural survey
studies:
Evaluatit)n of the
Tac oma, Washington
Alc ohol
Impac t
Area
(AlA) (2003) Telephone
Survey
of Residents
Sponsored by WSLCB,
the 206 Tac oma residents over the
age
of 18 were
surveyed by telephone providing
information on the effec tiveness of the AlA rules.
An Evaluation of the
Seattle, Washington
Alc ohol
Impac t
Areas
(AlA) (2006)
This was the
first
phase
of an evaluation for the
c ity
of Seattle and the WSLCB to assess whether restric tions
on the sale of
single
c ans or bottles of
high
alc ohol c ontent
produc ts are effec tive in
addressing
.
tile
problem
of c hronic
public
inebriation and to determine whether the restric tions lead to
signific ant c hanges
in the
negative impac ts
of c hronic
public
inebriation.
Telephone Survey
of Seattle Residents Sexual
Behaviors.
and Sexnal
Partnership
Charac teristic s
(1995
and
2004).
In 1995 this
study
measured c harac teristic s of sexual
partnerships inc luding,
c harac teristic
behaviors,
STD inc idenc e and number of
partners.
1444
interviews were c onduc ted in Seattle
inc luding
10 14 interviews with a nonwhite overs
ample
of
Seattle residents. In
2004, 1,294
interviews were
c ompleted
with Seattle residents. The
majority
of
respondents
used alc ohol
regularly,
while
just over a
quarter
used alc ohol or
drugs
to enhanc e sexual
experienc e. Slightly
less than a
quarter
of those
using
ellanc ement
substanc es indic ated
marijuana was used for sexual enhanc ement.
Washington
State Needs Assessment
Survey (2003)
This
study was
sponsored by
Washington
State.
6,600 multistage sample
frame
telephone surveys
with WA residents were
c ompleted.
The 18 minute interview
survey
c ontained 260
questions regarding: drug use,
alc ohol
use,
tobac c o
use,
substanc e abuse treatment
history,
and
gambling prac tic es.
Other
drugs
and stimulant use
pattems
were
queried inc luding,
the number of
days
of
use,
the
quantity
of use and a number other related c harac teristic s.
Substanc e Abuse Prevalenc e
Telephone Survey
of Adolesc ents
(1995)
This
study was
sponsored by Washington
State for the
purposes
of
establishing a baseline of measure of
prevalenc e
and inc idenc e of substanc e use and abuse for the state as a whole and for various
population subc ategories inc luding: Blac ks, Whites, Asians,
Native Americ an
Indians,
Hispanic s, Women, Men,
and Adolesc ents. This
study required
full board institutional review
and also
required
several levels of
permissions
and c onsent
during
the interview
protoc ol.
This
study was established to evaluate lifetime and annual
prevalenc e
rates of substanc e abuse and
dependenc es,
estimates of those ever
rec eiving
treatment and the number of individuals at risk
for substanc e abuse or
dependenc y. 7,325
interviews were
c ompleted
with households. 859
interviews were
c ompleted
Witll
teenage
c hildren. 20%
reported having
used
marijuana
of
hashish.
Rural Establishment Innovation
Survey (2010
to 2013 in
progress) Sponsored by
Ec onomic Researc h Servic e United State
Department
of
Agric ulture.
Researc h servic es
inc luded:
survey strategy, question
and
questionnaire development,
OMB c learanc e
support,
revitaliz ing
1995
manufac turing respondents
to the c urrent
study, c ognitive testing
and
interviewing, pretesting
and multimode data c ollec tion. This
study
utiliz es a mixed mode
survey design
and
strategy
to c ontac t
30,000
rural and urban small to medium siz e businesses
nationwide. This
projec t required public
review and referenc e
period,
and OMB review.
00005987
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11. Staff
Qualifications
and
Capabilities
Andrew Thibault
Capabilities
and Related
Experience:
In
early 2000,
Andrew Thibault was the lead researcher for a
comprehensive survey
in
Washington
State for the
Drug Policy
Foundation of
Washington.
The research was
designed
primarily
to determine the
viability
of a Tax &
Regulate Marijuana initiative,
test
persuasion
messages
and
develop
voter
segmentation.
The research also looked at basic
underlying
attitudes about
illegal drug
use and
marijuana use and what level of reform voters were
willing
to
SUppOlt, including support
for initiatives to
legaliz e
industrial
hemp,
reform asset
forfeiture,
decriminaliz e
marijuana,
and
legaliz e,
tax and
regulate marijuana.
Based on the
research,
it was
detennined that
Washington voters were not
yet ready
for a tax and
regulate
initiative and we
recommend thatthe client not
proceed
with an initiative in the
upcoming
November election.
In
April 2000,
Mr. Thibault was the lead researcher for a
privately
funded
survey
in
Washington
to determine
support
for a state measure to sentence
persons
convicted of non-
violent
drug possession
to treatment instead of incarceration.
Although support
was
strong
overall,
there was little
intensity
of
support
and the client decided not to move forward .
In
2002,
Mr. Thibault worked as the lead researcher with the Sensible Seattle Coalition to
investigate
voter
support
for a measure to make
personal
use
marijuana
offenses the lowest law
enforcement
priority
in the
City
of Seattle. The research showed that the measure fell
just shqrt
of
majority support,
but that there was a
significant
undecided
population
that could be
targeted
for
persuasion.
The Sensible Seattle Coalition decided to move forward with Initiative
75,
which
passed
with a 58% Yes vote in
September
2003.
Mr. Thibault has almost 20
years
of
experience researching
in tile
Washington market,
is
highly
skilled at
demographic
and
psychographic analysis
and is well
respected
across the
state.
Qualifications:
Andrew Thibault is a Partner of EMC Research and has been with the firm since 1994.
Andrew has extensive
experience
in all
aspects
of
opinion
research
including questionnaire
and
sample design, testing
and
fielding
of
surveys, analysis
of research results and
implementation
of
findings.
Prior to
joining EMC,
Andrew was an
Analyst
for Hamilton &
Staff, one of the
country s
oldest and most
respected
research firms.
Mr. Thibault uses his extensive
experience
to distill information and
give
clients the
important
insights
into their research
along
with a
path
to
implementing
those results. Andrew has
designed
and directed thousands of research
projects,
hoth
qualitative
and
quantitative,
including
focus
groups,
one-on-one interviews, intercepts,
and
Internet, mail,
fax and
telephone
surveys
for
political, corporate, goven1lllent
and
non-profit
clients.
Mr. Tl hau!t has been involved in market research
studies,
customer and
employee
satisfaction
studies, voter stndies for candidates and
issues, public policy studies,
brand
identity research,
and
adveltising development
and
testing.
I-Ie was the lead on research for
marijuana
research
00005988
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Page
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for the
DlUg Policy
Foundation of
Washington
and the Sensible Seattle
Conunission,
and he
has conducted countless market
analysis/market
share
surveys including
the research for SOlUld
Transit discussed in this
proposal.
Mr. Thibault is a graduate
of the
University
of
Maryland,
where he received a liberal arts
degree.
He also received a
graduate degree
from
George Washington University s
Graduate
School of Political
Management,
where he studied
survey
research and
campaign management
with some of the nation s
top political
and research
professionals.
He is a current member of
the Market Research Association and the American Association of Public
Opinion
Researchers.
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Ruth Bernstein
Capabilities
and Related
Experience:
Rnth Bernstein led the research team for the 2010
campaign
for
marijuana legaliz ation
in
California
(proposition 19 ) .
EMC conducted 8
telephone polls totaling over 5,700 phone
interviews, as well as six focus
groups,
to
help
the
campaign
understand voter attitudes and
design messages
to increase
support.
Our research included in
depth analysis
of
demographic
and
psychographic
trends
relating
to
marijuana use and attitudes toward
marijuana.
We
developed psychographic segmentations using family lifestyle, parenting,
attitudes toward
MedM, past marijuana use,
and
familiarity
with other
marijuana
users that was used
along
with
demographic segmentation
to
target campaign
communications.
Ms. Bernstein has been the lead on EMC camlabis reform research in
California,
is an
expert
at
distilling complex
research into understandable and actionable
results,
and has vast
experience
operating
in a
public
environment.
Qualifications:
Ruth Bernstein has over eighteen years
of
experience
in all
aspects
of
survey
research
including q uestiOlmaire
and
sample design,
moderation of focus
groups, analysis
of research
results and
implementation
of
findings.
She has
presented
research results to all levels of
elected
officials,
and has
guided many government agencies through
often difficult and
public
decisions. Ms. Bernsteins clients value her
ability
to look at research results and ferret out
valuable data
points,
even if she is
delivering less- than- positive news.
Ms. Bernstein has
designed
and directed hundreds of research
projects
for a
variety
of
political,
corporate, government
and
non- profit
clients. Her recent work includes voter
research;
market
segmentation research; polling
for successful issue
measures; guiding
candidates to successful
elections;
extensive
multilingual
studies
regarding
health
options
for the
underserved;
and
evaluating public
information for social
marketing
effOlts. Her recent clients have included the
San Francisco
Bay
Restoration
Authority,
Reno
Sparks
Convention and Visitors
Authority,
Coalition for Cannabis
Policy
Reform and Yes on Californias
Prop
19
(Regulate, Control,
and
Tax Cmmabis Act in
2010) .
Before
joining EMC,
Ms. Bernstein staffed and
managed political campaigns
in California and
Ariz ona. Ms. Bernsteins
practical experience
in fund
raising, scheduling,
field
program
management,
direct mail and Get Out The Vote
gives
her the
knowledge
needed to
help
clients
develop
a
general campaign plan
that makes the best use of
survey
information.
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Shani
MeElory
Capabilities,
Related
Experience
and
Qualifications:
Shani
McElroy
is the Field Director for EMC
Research, responsible
for
oversight
of all data
collection and
managing
the execution of each
proj
ect in field. Her main
responsibility
is to
ensure data collection is of the
highest q uality.
As field
director,
she also
develops
and advises
on
proj ect methodology
and
sampling; prices studies; negotiates
costs and ensures
proj ects
come in on budget;
and hires and
supervises
subcontractors for each
proj ect as needed. Ms.
McElroy
has built
strong relationships
with a small network of service
providers throughout
the
United States. These
providers
are the best blend of
talent, cost-effectiveness,
and
experience
that we can find,
and our Field Director
position ensures that we have a staff member dedicated
solely
to the data collection
process.
Ms.
McElroy was an
analyst
at EMC Research for five
years
before
becoming
field director
and she
brings a solid
analytic background
to the
position.
She has extensive
experience
with
different
types
of
survey
research and administered EMCs research on the
Regulate,
Control
&Tax Cannabis Act
( California Proposition 19)
that included focus
groups,
IVR
polling,
online
research,
and statewide
telephone surveys.
Ms.
McElroy
received a B.A. in Political
Science and
History
from UC
Berkeley
in December 200 I.
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Danna L.
Moore,
Ph.D.
Dmma Moore
brings a
wlique background
and skill set as a subj ect
matter
expert
in the areas of
agricultural
economics
supply, producer
and
marketing surveys,
market channel
analyses
and
food
safety
research with
agricultural
businesses.
She is a fann kid where she
raised,
showed and sold beef and
dairy
cattle. She has
experience
in meat science and
quality
standards for meat
products.
She has broad
lmowledge
of
agricultme, agricultural issues,
and
agricultural marketing.
Dr. Moore has served as a resemcher in the
A gricultural
domain for over 30
years. Dming
her
BS and MS studies she worked with animal
scientists, veterinarians,
and
country-based
counter
parts
and veterinarians in
Kenya
to research
farming systems
and to evaluate the
impacts
of
farm
mmIagement practices, cross
breeding
oflivestock on animals disease outcomes.
While
completing
her
PhD,
she worked for the International
Marketing Program
for
A gricultmal
Commodities and Trade
(IMP A CT)
Research Center at WSU. This Center was
specifically
funded
by Washington
State
legislature
to research and
explore global marketing
and
competitiveness
of
Washington
State
agricultural products. During
this time she researched
agricultural
standards and
quality grading,
white wheat
quality
towards end use in
production
in
Japan, dry pea
and lentil market channel
analyses
in
Japan, India, Pakistan,
and
Philippines.
This was new
territory
and not
many
researchers at the time had delved into or understood
quality as related. to bulk
homogenous agricultural products,
how
price
and
quality
trade
off,
the factors market chmmel members
recognize as
quality
attributes and are
willing
to
pay for,
and
lmge cOlmnodity
trade
promotion programs supported by USDA ,
tlle
Foreign A gricultural
Service,
and
A gricullWal
International
Development.
These research activities involved
adaptive sampling techniques, in-deptll
interviews
using
enumerators,
focus
groups,
and
surveys
under difficult circumstances. Married to a faculty
member and
having a dual
faculty
career
household,
these
experiences
have culminated at
SESRC for Dr. Moore where she
delights
in
tackling
difficult and
complex smvey
research for
SESRC.
The area of
strength
Dr. Moore has
brought
to SESRC and tlIat is often
lacking
at
many survey
.
organizations
is a
strong
interdisc
plinary
science and economic
background.
These attributes
combined with her vast
Imowledge researching survey
methods and for
collecting high quality
smvey
data for
public policy
research related to
agriculture, special
stakeholder
populations,
and
Washington
residents for more fuan 25
years
she has involved SESRC on
many
interdisciplinary
teams. A t SESRC she has
brought over $5 million dollms of
survey
research
contracts and
unique expertise
to WSU.
Pmlicular areas of
emphasis
in her research are exploring
the factors that influence business
participation
in
surveys, agricultural survey participants, understanding
the business
survey
response process,
mixed mode
survey experimentation
and
testing,
and measurement error. She
has researched measurement error of
surveys
and
indnstry
data collection for tlle
survey
of
occupational inj ury
and illness and OSHA
reporting
conducted
by
the Bureau of Labor
Statistics,
00005992
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For
NOAA,
she served as a consultant to review the
survey
data collection and measurement
error of their
surveys
that included audits for
newly
rationalized crab
industry.
For the Trade
Adjustment
Assistance
Program
to famlers she has conducted the
survey
evaluations that have
provided
information for reactivation for 20 I 0 and 2013 for farm
commodity groups
and
growers
shown to be
negatively impacted by import competition.
Dr. Moore has conducted sensitive
subject in-depth interviews, cognitive testing
and focus
groups
across a
spectrum
of issues -business
reporting
of ilmess and
injury, drug,
alcohol and
marijuana use, grower pesticide use and safe
pesticide
container
handling
and
recycling.
She
partnered
with the Economic Research
Service,
USDA
(ERS)
where she was
integral
to
researching
the
implementation
of and
impacts
ofHACCP rule for food
safety
and meat
manufacturing.
Dr. Moore also
partnered
with ERS for
survey
stndies of
organic
food
processers
related to
handling, processing,
and
distributing
of USDA labeled certified
organic products.
Her
survey
work also
specifically
includes
working effectively
with the
Washington
State
Liquor
Control
Board
(WSLCB)
and
many
other state
agencies
and federal
agencies
for novel first time and
repeat
data collections.
Dr. Moore has earued an intemational
reputation
for
helping
diverse clients to
plan, implement,
and
develop complex survey projects, qualitative
and
quantitative
data collections. She is
working collaboratively
with Global animal Health Scientists to evaluate the animal human
connection for disease transmission and antibiotic resistance. She
brings a wide
range
of skills
and
perspectives gained
from
assisting
federal and state
governments; private organizations,
non-profits
and research institutions conduct research around new and
complex
issues.
Dr. Moore earned her BS in Animal
Science,
MS in
Agricultural Economics,
and PhD in
Agricultural
Economics.
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12.
Approach
and
Methodology
Demand Side
There are two
key
factors in
effectiv ely estimating
cannabis
usage
and
consumption
lev els:
1) Designing a
sample plan
and research
methodology
that
accurately captures a truly
representativ e smllple
of
Washington
State s adult 21+
population,
and
2) Creating
a
surv ey
instrument that
accurately
mld
completely captures
data about current
and
proj ected
cmmabis
usage.
While these
may
seem like basic elements for
any
research
proj
ect
(an
accurate
sample
and a
v alid
surv ey instrument),
this
proj ect presents
a number of
unique challenges
in both
areas:
.
Accurately estimating
current and future
product usage requires
that we interv iew a
representativ e sample
of the entire adult 21+
population,
but
Washington s
OFM
estimates that
only
7.2% of adults
age
21 + in
Washington
state
currently
use
marij uana,
resulting
in a
v ery
low ov erall incidence of users
.
Roughly a third of current consumers use
marij uana
less than once a month so the
regular
and
heav y users who are most
likely
to
impact
demand m e less tllan 5% of tile
21+
population
.
Current
usage
tends to be concentrated in the 18-26
year
old
demographic
and
younger
respondents are the most difficult to reach
.
There are a number of counties in
Washington
State with
large Hispmlic populations
-
Yakima is 45%
Hispanic/Latino.
Thus the research will need to include
specific
strategies
for
reaching
this
population
and the
surv ey design
will hav e to be sensitiv e to
the
uniq
e cultural attitudes about
marij uana use that
may impact
the data
accuracy
.
New
products (edibles) may
hav e ml
appeal beyond
the traditional market and tllOse
potential
users need to be
captured
.
Getting non-users to
accurately proj ect potential
future use is
complicated by
the fact
iliat
many respondents may
not be aware of what the new law does and does not allow.
For
example,
the new law does not include
any protections
fi om
workplace drug
policies
and most
workplace drug
tests do not differentiate between
past marij uana use
and recent
marij uana
use.
Workplace drug policies
will continue to be a significant
barrier to use and
marij uana
is still
illegal
under federal
law,
which
impacts people
who
work in
companies
tl1at
get
federal
funding or federal contracts.
This later issue
suggests we identify
those who would use
marij uana
if and when the federal
gov ernment
reduces it from Schedule 1. This would
identify a
potential rapid spike
in
demmld,
and WSLCB should be
prepared
to
quickly
issue more licenses.
Our initial recommendation would be to conduct a short form and
long
form
phone surv ey
with
a
complementmy
web
surv ey
to:
1) get
an accurate
picture
of the total
existing
and
potential
mm ket,
and
2) gather
in
deptll
data about current and
potential usage, including usage
amounts.
The short fOlm
surv ey
will
simply gather
basic
profile
information about adults who do not
and will not use
marij uana.
A critical element of this short
form/long
form
design
is
creating a
00005994
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sc reen i n g/ q uali fi c at i on q uest i on (s)
t hat c ast s t he wi dest
possi ble
n et i n t erms of who
mi ght use
mari juan a so t hat we do n ot un derest i mat e
pot en t i al use.
The
lon g
form
survey
for c urren t an d
pot en t i al users wi ll at a mi n i mum
gat her
dat a about
freq uen c y
of use
(c urren t
an d
projec t ed)
an d est i mat es of amoun t s used
(c urren t
an d
projec t ed).
Ot her
pot en t i al q uest i on areas i n c lude c ost i n format i on .
WSLCB has
spec i fi c ally req uest ed
i n format i on on
produc t usage
an d
c on sumpt i on by c oun t y.
Our fi n al rec on U1len dat i on wi ll
depen d on t he avai lable
budget ,
but bec ause of t he low
i n c i den c e of users
-
even wi t h li beral est i mat es of t ot al
pot en t i al usage
-
we do n ot beli eve i t
wi ll be c ost effec t i ve t o have
st at i st i c ally
reli able
sampl s wi t hi n eac h
c Olmt y.
As an
example,
c on duc t i n g
250 i n t ervi ews
per c oun t y (Margi n
of Error +/ -6.2
perc en t age poi n t s)
would result
i n almost
10,000
t ot al i n t ervi ews st at ewi de an d wi ll st i ll
on ly provi de samples
of about 25-30
c urren t an d
pot en t i al
users
per c oun t y.
Our i n i t i al rec ommen dat i on would be t o have
st at i st i c ally
reli able
samples
i n t he st at es
larger
c oun t i es,
group t oget her
si mi lar less
populous c oun t i es,
an d
oversample users ac ross t he board.
Agai n , depen di n g on
budget , we are
rec on n n en di n g 3,000
t o
4,000
t ot al i n t ervi ews st at ewi de.
We also beli eve WSLCB should c on si der a smaller
phon e survey
i n border areas i n
n earby
st at es t o un derst an d how
usage
t here
c ompares
t o
Washi n gt on
St at e an d t o bet t er un derst an d
t he
pot en t i al
market for c ross border
purc hases.
Thi s
survey
would n ot
req ui re
t he same level
of dat a about
geographi c subpopulat i on s
an d so c ould have a
si gn i fi c an t ly
smaller
sample
si ze.
The
survey
c on t en t would have some
overlap
wi t h t he broader
survey,
but would also have
spec i fi c q uest i on s
relat ed t o c ross border
purc hasi n g. Si gn i fi c an t leakage ac ross t he borders
rai ses federal
govern men t
c on c e1lls an d
possi ble
ac t i on .
For t lle
phon e survey
we
propose usi n g a
ran dom-di gi t -di al (RDD) sample
t hat wi ll be
heavi ly
supplemen t ed
Wi t ll c ell
phon es
t o en sure t hat we effec t i vely t arget
t he 18-26
year
old
demographi c .
An ot her
sample opt i on
would be t o use Address Based
Sampli n g,
whi c h
provi des
95%+
c overage
oft he st at e an d c an be
phon e-mat c hed
t o bui ld a
sample.
ABS
sampli n g
has t he
advan t age
of
provi di n g
exac t address i n format i on for eac h
respon den t
an d
sec on daly
dat a c an also
easi ly
be
appen ded
t o t he ABS
sample.
Gi ven t lle
sen si t i vi t y
of t he
t opi c , we are also
rec Olmn en di n g a
c ompan i on
web
survey
t hat
would allow us t o
c ompare respon ses
bet ween
phon e survey respon den t s
an d web
respon den t s
t o see i f t here are
syst emi c
di fferen c es i n
report ed usage
bec ause of t lle i n c reased
possi bi li t y
of
soc i al
desi rabi li t y
bi as i n t he
phon e survey.
Thi s wi ll allow us t o
adjust our
usage
est i mat es i f
t here i s evi den c e of bi as. Our
expec t at i on
i s t hat bec ause of vot er
suppOlt ed legali zat i on ,
t hese
effec t s wi ll have been
redn c ed,
an d we wi ll make
every
effort
t luough
c aleful
survey desi gn
t o
furt her mi n i mi ze t he
pot en t i al
for soc i al
desi rabi li t y
bi as.
The
met hodology proposed
for
evaluat i n g
an d
assessi n g mari juan a
market c han n el
produc t i on ,
supply
an d di st ri but i on i s t o
i n vest i gat e
t he
desi gn
of t he
q uest i on s
an d
q uest i oi ll18i re
wi t h i n -
dept h
i n t ervi ews an d/ or foc us
group
wi t h
exi st i n g
MedM
i n dust ry operat ors
an d t hen
t llOroughly
t est t hese i n st rumen t s before
i mplemen t i n g
t he full
survey
dat a c ollec t i on .
Collaborat i on wi ll be used i n
developi n g
t lle
q uest i on s, q uest i on
rout es for foc us
groups
an d i n -
dept h i n t ervi ews,
an d
survey
dat a c ollec t i on
q uest i on n ai res
wi t h t he EMC an d WSLCB
represen t at i ves.
SESRC wi ll
provi de
foun dat i on al
q uest i on s
used i n ot her
agri c ult ural
market
c hai ll1el member st udi es an d
develop
n ew
q uest i on s as a baseli n e for t he
group
t o evaluat e
before
t ai lori n g
t o meet t he n eeds of t hi s
spec i fi c projec t .
The
agri c ult ural expert i se
an d
00005995
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experience
from Dr.
Moore,
will
v ast ly
reduce t he
dev elopment
t ime for
surv ey st rat egy,
quest ions,
and
quest iO lmaires
for t his
port ion
of t he research. This
approach
will also ut ilize
prev iously
v alidat ed
surv ey quest ions
where
possible.
There are a number of
unique challenges
t o consider on t he
supply
side:
.
Locat ing
and
cont act ing a
represent at iv e
number of current
suppliers willing
t o share
accurat e and v alid informat ion
pert aining
t o t heir current
supply
v olumes
.
Det ermining
t o what ext ent current
non-marijuana
farmers
may
consider
beginning
t o
cult iv at e
marijuana once new laws and
regnlat ions are
implement ed
.
.
Est imat ing
t he ext ent t hat current
producers
will be
willing
t o discuss t heir int ent ions t o
increase t heir current
capacit y
in
hopes
of
increasing
t heir market share
We
propose
t hat a formal
st udy
of market channel ent it ies be
implement ed as one
part
of t his
project .
This
surv ey(s)
would occur aft er t lI e init ial
explorat ion
and
t est ing phase.
The main
surv ey
dat a collect ion of t he
populat ion
members in market chamlels is
proposed
t o be a mixed
mode
(mail, web,
and
t elephone) surv ey.
All
surv ey
modes would use
mult iple
cont act s at each
phase.
Mixed mode
surv eys
hav e
prov en
t o be
v ery import ant
for
achiev ing accept able
lev els
of
surv ey response
and t o
bring
int o t he
st udy
more reluct ant
respondent s.
SESRC
plans
t o use
a
prot ocol
t hat
emphasizes reducing sample errol,
cov er
error,
measurement error and non-
response
error.
Whet her
populat ion
or
populat ion samples
will be used remains t o be decided in t lle
surv ey
st rat egy. I dent ifying t hepopulat ion
and/or
sample frame(s)
of
t arget ed subgroups
will be an
import ant
first
st ep
t owards
dev eloping
a
fully appropriat e
and accurat e
st udy
of t he market
channels and t he det enninat ion of cost .
Explorat ion
at t he init ial
phase
will influence
quest ions,
quest ionnaire
and
surv ey st rat egy.
O ur t eam
possesses
an init ial
adv ant age
in t llat current MedM
suppliers prov ide
an
import ant
first
st ep
t owards
achiev ing a frame from which t o
sample
01 t o
surv ey
in
ent iret y.
I f
surv ey
cont act frame
dev elopment
is needed
beyond
what
may
be discov erable from
exist ing sources,
SESRC has
experience
and met hods t hat can be considered in
dev eloping
t lI ese
t ypes
of
prot ocols
and recmilulent .
Current ly,
t he MedM market is
speculat iv ely supplied by relat iv ely
small and
geographically
dispersed (t llloughout Washingt on agricult ural regions) growers,
which
supply
demand out let s
in close
proximit y.
The
pot ent ial
exist s for t radit ional
Washingt on farmers, producers,
and
ot her
indust ry operat ors
t o ent er t he market when t he main
barrier, illegal product ion
and
sale,
is remov ed.
Dr. Moore will
prov ide
base
quest ions
used in ot her
agricult ural
market channel member
st udies,
and
dev elop
new
quest ions
as a base line for t he
group
t o
respond
t o and t ailor t o t he
needs oft he 1-502 research.
Surv ey
dat a from
Washingt on
resident s st at ewide will be used t o
est imat e incidence of
marijuana use, purchasing,
and consumer demand.
Supp0l1ing surv ey
dat a from current
producers
and
processors
will be cross-referenced wit h demand t o ensure
v alidit y along
t he
supply/demand
cont inuum. Dr. Moore will be t he economist t hat
produces
t hese est imat es and models t his dat a and all est imat ions will include
t horough
rev iew and
input
from
project
collaborat ors and WSLCB
represent at iv es
before
finalizing
result s.
00005996
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In both the
supply
and demand side
analyses, we will not
simply provide data,
but
plac e
researc h results in a usable c ontext. This means boiling
down the
key findings
and
c oupling
them to established
goals
to
provide
ac tionable data in a digestible pac kage.
Rec ommendations
are built from
in-depth analysis
of the data
using single
variable
statistic s,
variable
modific ation, analysis
of bivariate
frequenc y distributions, segmentation profile c onstruc tion,
and
psyc hographic segmentations. Everything
will be translated into
easy
to understand
reports
and PowerPoint
presentations
that LCB c an
c onfidently
use
internally
and
externally.
Both c ontrac tors
bring sldlls, strengths,
and
experienc es
that are different
yet they
share the
same fundamental values about
survey quality
and
methodology.
EMC
brings
ten
years
of
experienc e researc hing
the issue of c annabis
regulation, induding
extensive
questioning
regarding
attitudes about c mmabis
use,
while SESRC has
deep experienc e
in
survey
researc h
and a number of
agric ultural
related areas
spanning
dec ades. There
pooled
c ollaboration
ensures the
surveys
will be
high quality,
and c ost effec tive. Eac h will inform and
playa
role in
c ompleting
eac h of the
surveys
without
duplic ating
efforts while
independently validating
eac h
others
approac h
to
survey
data c ollec tion. This ensures
greater validity
and
provides
results
you
c an trust.
00005997
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Category
4
-
Product
Regulation
In this
Category presentation, you
will meet four new team members. our Product
Regulation
experts.
We have
already
introduced Dr. Moore and Mr.
Hurst,
who will be also be involved in
the stakeholder deliverable. Here is how we will
provide
these two
Category
deliverables:
1. Conduct stakeholder focus
groups
for discussion and determination of best
practice
relating
to the
growth, harvesting, distribution, product
infusion and sale of use able
recreational
Marijuana;
and
2. Provide written
independent
third
party asswnptions,
recommendations and
oversight
following guidelines
established
by
the
open goverrunent
act.
13.
Ability, Capacity
and Sldlls.
a.
Experience
with
State,
local or Federal
government processes
and
procednres
Every
member of our team has
experience working
with
state,
local and federal
regulatory
processes
and
procedures on various scales across a diverse
range
of
regulatory
levels.
Our
governmental
affairs team leader is Christine
Masse,
head f the
govermnent
and
regulatory
affairs
practice group
of one of
Washingtons leading
law firms. She
specializ es
in
representing
businesses in
highly regulated
industries with their
transactional, regulatory,
and
public policy
needs. She has drafted
legislation, engaged
in
rulemaking processes,
and handled
administrative
challenges regarding
the
applicability
of those laws and rules on both the state
and federal levels.
Her
practice spans
several
Washington
State and federal
agencies including
the
WSLCB,
Washington
State
Gambling Connnission, Department
of
Revenue,
and
Department
of
Licensing
at the state level and the
Department ofInterior,
Bureau ofIndian
Affairs,
and
National Indian
Gaming
COlnmission at the federal level. She
routinely
handles
licensing
matters,
defends clients in state and federal
investigations
and
audits,
and consults and drafts
regulations during
the
rulemaking process.
Ms Masse also has
regulatOly experience
at the
local
level, having
drafted and
responded
to
proposed
ordinances and codes at the
city, county,
and
planning
commission levels.
Supporting
her are the broad and
deep resources of a full-service law firm with more than 110
attomeys.
When
appropriate,
Ms. Masse can consult with
attorneys
in the transactional and
litigation
teams to
provide
needed counsel and
expertise, as well as the assistance oflhe
experienced paralegals
and staff
employed by
the finn.
.
While her
experience
in the cminabis
indnslly
is
necessmily
limited
by
this States new
enlly
into a previously illegal market,
her
experience
in other
currently legal,
but
once-illegal
industries such as gambling
and
liq uor
will translate here. Like the cmmabis
industry,
those
indusllies were
occurring
in a black market or
underground way,
were at risk of
organiz ed
crime,
and were a new endeavor for this State.
Experience gained
in
working through
those
difficult
issues, an understanding
of the historical
context,
and an
appreciation
for the sense of
the
Washington
voters makes her a valuable member of our team.
Our
governmental
affairs
expert,
Richard
Fitz patrick, brings exceptional experience
in
public
policy, legislative affairs,
and cannabis
regulation
to this
project.
He has
enjoyed a diverse and
00005998
1-502
Proposal February 15,
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54 of 67
successful career as an elected
representati v e, entrepreneur, publi c
relati ons
executi v e, CEO,
and nati onal leader i n i ssues
concerni ng palli ati v e care.
In recent
years,
he has focused on
worki ng
wi th
legi slatures,
state
agenci es
and other
groups
concerni ng
the
regulati on
and
i mplementati on
of medi cal cannabi s. Hi s i nterest i n medi cal
cannabi s fi rst
began when, as presi dent
ofthe
Hospi ce
Associ ati on of
Nev ada,
he led
cOlmnnni ty
educati on and academi c research i ni ti ati v es to
expand
the
av ai labi li ty
of
q uali ty
end-of-li fe care. These
experi ences
made hi m aware of the benefi ts of
mari juana
to ease
pai n
and
sufferi ng,
and he now concentrates hi s
energy
i n that area.
He has been i nv olv ed i n the
analysi s
and
i mplementati on
ofthe MmeD laws and
regulati ons
i n
Colorado,
New
Mexi co, Ari zona,
New
Jersey, Cali forni a, and,Connecti cut.
He has worked
di rectly wi tlllegi slati v e
leaders and
regulatory agency
staff; di spensmy operators
and cmmabi s
growers; opi ni on
leaders and adv ocates i n a half-dozen states
concerni ng
the
regulati on
of
mari juana
sales. He authored sev eral documents
(see bi o) on consumer
safety
and
li censi ng
of
analysi s
laboratori es for medi cal
mari juana legi slators
i n Colorado and COlmecti cut.
b.
Experi ence
i n
crafti ng system regulati ons
Our
Washi ngton gov ermnental
affai rs team leader Ms Masse:
.
Worked wi tll
i ndustry, Washi ngton
State
Gambli ng
C01l11l1i ssi on staff and
commi ssi oners,
and
legi slators on legi slati on
and
rnlemaki ng
related to tri bal and non-
tri bal
gami ng i ndustri es, li censi ng matters,
and
poli cy
i ssues.
.
Engaged
i n consultati on
process
wi th Nati onal Indi an
Gami ng
Commi ssi on for
drafti ng
of admi ni strati v e rnles related to Class II
gami ng
and mi ni mU1l1 i nternal
controls.
.
Parti ci pated
i n WSLCB
rnlemaki ng process
and
legi slati v e heari ngs
related to 1-1183
i mplementati on.
.
Engaged
i n consultati ons and work
groups
wi th
Department
of Rev enue ov er
possi ble
rev i si ons to
regulati ons, poli cy i mplementati on,
and other
Depaltment
i ni ti ati v es.
.
Engaged
i n
drafti ng ori gi nal
and alternate
language
for
ci ty
and
county
land use and
zoni ng regulati ons, appeared
at counci l and
plmmi ng
conmlssi on
heari ngs,
and
recOlmnended
follow-up measures to balance
competi ng
local i nterests.
Our
gov ernmental
affai rs team leader Mr
Fi tzpatri ck:
.
Helped desi gn
and
i mplement
the i ni ti al state and federal
regulati on, li censi ng
and
rei mbursement of
hospi ce progrmns
i n Ameri ca.
.
Joi ned wi th the Ameri cml Bar Foundati on to create a model
process
to
modi ty exi sti ng
laws,
rnles and
gui deli nes
to allow for uti li zati on of new forms of alternati v e
reproducti v e technologi es.
.
Worked wi th Cabi net-lev el
appoi ntees
&
agency
heads,
and members of
Congress
and
thei r
staffs,
i n
formulati ng
and
i mplementi ng
laws and
regulati ons
for the creati on of a
nati onal network of cOlmnml
ty-based organi zati ons
to assi st homeless and
jobless
v eterans and tllei r fami li es.
.
Played a key
role i n the
passage oflegi slati on
to
enlarge
a successful
exi sti ng
regulatory system by establi shi ng
a new set of rnles to
legali ze
i nteracti v e
gami ng
technologi es.
.
Successfully
adv ocated for the creati on of the state standards and
regulati ons
to ---
00005999
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As discussed in
Categories
1 and
2,
Dr. Raber also has substantial
experience worldng
with
state,
local and federal
government processes
and
procedures.
He has
provided
technical
insight
into the
unique
characteristics of cannabis and how it should be
regnlated
to
legislative
leaders and
regulatory agency
staff in numerous states.
14.
Experience.
We covered
experience
of
Key
team members in the
prior
sectiion.
15. Staff
Qualifications
and
Capabilities.
Richard G.
Fitzpatick
Mr.
Fitzpatrick s
involvement has been involved in the
analysis
and
implementation
of the
.
medical
marijuana
laws and
regulations
in
Colorado, New
Mexico, Arizona,
New
Jersey,
California,
and most
recently, COlmecticut, equips
him with broad awareness and
concerning
the
regulation
of
marijuana
sales in otller states. He is author of:
.
"Essential Consumer
Safety Regulations
for the Sale of Cannabis"
prepared
for
the State of Colorado s Amendment 64
Implementation
Task Force. Its
recommendations are
cunently
under consideration
by
the Task Force.
"Necessary
Patient
Safety Regnlations
for the Sale of Medical
Marijuana"
prepared
for the State of
Connecticut, Department
of Consumer Protection s
implementation
of a
legislature-passed
law
permitting
sale of
palliative marijuana.
Numerous sections were
incorporated
in tlle
Department s
Draft
Regulations.
Licensing
of a
Marijuana Analysis Laboratory" prepared
for the State of
Connecticut, Department
of Consumer Protection s
implementation
of a legislature-
passed
law
permitting
sale of
palliative marijuana.
Numerous sections were
incorporated
in the
Department s
Draft
Regulations.
.
.
His
background as an elected state official
gave
him tlle
perspective
needed to work with
legislators
in
drafting
laws
regulating
the sale of cannabis and cannabis
products
in
Michigan
and Nevada. Mr.
Fitzpatrick was elected to serve in the
Michigan
House
of Representatives
in
1978, becoming only
the third Democrat in 100
yeaTs
to be elected from that district. While in
the
Michigan legislature,
he was the
principal sponsor
of
nearly
40 bills that became
public
law. Richard was named
"Legislator of
the Year"
by
the
Michigan
Association
of
the
Professions
and was
similarly
honored
by
the
Michigan
Association
of Osteopathic Physicians
&
Surgeons, Michigan Optometric
Association and the
Michigan Hospice Organization.
After
leaving
the
legislature,
Richard returned to ilie business
arena, crcating public
affairs
campaigns
for
non-profit organizations, professional
medical
associations, foundations,
hospitals
and state and local
governmental agcncies.
He
proved
to be an effective and credible
spokesperson
around
public policy issues,
and has been a
repeated guest
on TV news
programs
(including Today,
Good
Morning America, Phil Donahue and
MacNeil/Lehrer); more than 100
local television interview and news shows;
and an estimated 300 local and network radio talk
shows
including Larry King,
Paul
Harvey
News &Comment and All
Things
Considered.
00006000
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His
proven capacty
for
build ing mutually profitable
alliances and
public/ private partnersh ips
and h is
d eep-rooted knowled ge offed eral,
local and state
government
offer a unique
perspective
to lead our teams efforts in
Category 4,
Prod uct
Regulation.
He h as written and
presented testimony
before Committees and Subcommittees of th e u.s. Senate and U.S. House
of Representatives.
He served as National Co-Director of "Collaboration for Veterans"
,
an
AmeriCorps*USA
proj ect
with sites in Los
Angeles
and
Houston,
and was found er and member of th e Wh ite
House Veterans National Service Council.
Mr.
Fitz patrick was an
infantryman
in
Vietnam,
wh ere h e received 13 med als and ribbons
includ ing
th e
Purple
Hearl. He attend ed
Hard ing College
and
Memph is
State
University,
wh ere
h e
maj ored
in
He is a featured
speaker
at conferences
th rough out
th e U.S.
includ ing ones
sponsored by:
Council of State
Governments,
American Bar
Found ation, W. K.
Kellogg Found ation,
Department
of Veterans Affairs and
many
state and national conventions of
veteran,
h ospitality,
med ical and
tech nology organiz ations.
He is an active member of
organiz ations
includ ing:
.
Association for Health care
Ph ilanth ropy
.
Blue Cross of Californias
Hospice Ad visory
Committee
.
Harmon Killebrew Found ation
(Board
of
Directors) ;
.
Hospice
Association of Nevad a
(Past Presid ent) ;
.
National Council of
Hospice Professionals;
.
National
Hospice Organiz ation (Legislative Committee)
.
Nevad a Center for Eth ics &Health
Policy (Board
of
Directors)
.
Nevad a Ch ild h ood Cancer Found ation
(past Presid ent)
.
Partnersh ip
for
Caring (National
Board of
Directors)
.
Plalmed Parenth ood of th e
Rocky
Mountaius
(Board Member)
.
Planned Parenth ood of South ern Nevad a
(Board
Member and Past
Ch airperson
of
Board )
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Christine M. Masse
Christine M.
Masse, a
partner, joined
Miller Nash in 1999. She is the leader ofthe
government
and
regulatory
affairs
prac tic e
team and
spec ializ es
in
representing
businesses in
highly
regulated
industries with their
transac tional, regulatO ly,
and
public -polic y
needs. Chris also
leads Miller Nashs tribal
team, providing
c ounsel to various Northwest Native Americ an tribes
and
organiz ations
on
gaming, regulatory,
real
property, c onstruc tion, financ ing, tax,
and
ec onomic
development
issues. She maintains a
prac tic e
before the
Washington
State
Gambling
Commission
relating
to
lic ensing
issues and the
approval
and
ongoing regulatory oversight
of
c asino
properties
and before the
Washington
State
Liquor
Control Board.
Ms. Masse also has
experienc e
in
govermnental
affairs. She is a registered lobbyist
in
Washington
State and has
suc c essfully
lobbied for and
against
the
passage oflegislation
in
various areas.
Before
joining
the
firm,
Chris was a judic ial
extern for the Honorable Thomas S.
Z illy,
U.S.
Distric t
Comt, Seattle, Washington.
In
1997,
she c lerked for the
Depallment ofJustic e,
U.S.
Attorney,
in
Springfield,
Illinois.
Educ ation
.
University
of
Washington
Sc hool of
Law, J.D.,
with
honors,
1999
.
University
of
Illinois, B.A., magna
c um laude,
business
administration,
1996
Professional Ac tivities
. International Masters of
Gaming Law,
member
.
Washington
State Bar
Assoc iation,
member
.
King County
Bar
Assoc iation,
member
.
.
Federal Bar
Assoc iation,
member
. Americ an Bar
Assoc iation,
member
.
Washington
State Bar Assoc iation Indian Law
Sec tion,
member
.
Named a Rising
Star in
Washington
Law &Politic s
evely year
sinc e 2005
. Selec ted
by
her
peers
for inc lusion in Best
Lawyers.
the oldest
peer-reviewed
public ation
in the
legal profession
Representation on State
Gaming
Issues
.
Suc c essfully negotiated
tribal-state
gaming c ompac ts
and amendments.
.
Worked with
industry
and
Washington
State
Gambling
Commission staff on
language
of
legislation
and rules.
.
Handled
c omplex lic ensing
issues for servic e
snppliers
and financ iers
through
applic ation,
threatened
suspension,
and administrative
hearings.
Representation
Before National Indian
Gaming
Conuuission
.
Suc c essfully
defendc d tribes before the NIGC
through investigations, proc eedings,
and
settlement.
.
O btained dec lination letters on
management
c ontrac ts and
sole-propri tary-interest
issues in tribal
financ ing.
00006002
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.
Engaged
in consultation
process
for
drafting
of administrative rnles related to Class II
gaming
and minimum internal controls.
Representation
Before
Liquor
Control Board
.
Helped develop inaugural
model memorandum of
agreement
with
Washington
State
Liquor
Control Board related to
liquor licensing
in Indian
country
and
negotiated
first such memorandum on tribes behalf.
.
Negotiated
tribal
liquor agreements
for
ownership
and
operation
of tribal
liquor
stores.
.
Worked with clients to obtain and maintain various
liquor
licenses.
.
Defended tribe in
liquor licensing dispute
with local
j urisdiction through licensing
application process,
administrative
hearing,
and court
proceedings.
.
Representation
Before
Department
of Revenue
.
Engaged
iil consultations and work
groups
with
Department over
possible
revisions
to
regulations, policy implementation,
and other
Department
initiatives.
.
Navigated
the
complex
tax treatment of tribes to
snccessfully
resolve issues with the
Department
of Revenue
regarding
tax treatment and
application
of
preemptions
and
exemptions
for tribes
operating
businesses both on and off tribal trust lands.
Representation
Before
Department
of
Licensing
.
Negotiated
tribal fuel tax
compacts
with State of
Washington.
.
Analyzed
related
legislation
and advised on
ongoing
fuel tax-related issues.
Representation
Before
City
and
County
Gover1l111ents
.
Negotiated agreements
with local
j urisdictions
for
utilities, fire, police,
and other
emergency services,
street
relocation,
and other
intergovenunental
issues.
.
Engaged
in
drafting original
and alternate
language
for land use and
zoning
regulations, appeared
at cOlmcil and
plarming
cOlmnission
hearings,
and
recommended
follow-up measures to balance
competing
local interests.
Washington
State Initiative Process
.
Helped
advise clients as to initiative
process, preparation
of initiative
language,
and
Bar Admission
Washington,
2009
Professional Activities
.
American Bar
Association,
member
.
Washington
State Bar
Association,
member
.
King County
Bar
Association,
member
Representative Experience
Regulatory
and
Compliance
Review
.
Prepared briefing
materials to educate clients on regulatory compliance requirements
related to
day-to-day operations
and
specific
transactions.
.
Conducted
regulatory compliance analysis
for clients in
heavily regulated
industries
and areas including healthcare,
retail sale of
dietary supplements,
medical
spas, higher
education,
and charitable
organizations.
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.
Monitored
changing regulations
from
governmental agencies
such as the Food and
Drug Administration,
the Centers for Medicare and
Medicaid,
the Federal Trade
Commission,
the
Department
of
J ustice,
the Internal Revenue
Service,
the
Washington
Department
of
Health,
and the
Washington Depmtment
of Revenue.
Licensing
Review and Maintenance
.
Assisted clients in
obtaining
and
maintaining
state licensure in a number of
heavily
regulated
fields and
professions, including physicians, naturopathic physicians,
nurses, dieticians, hospitals, clinics,
and
charity organiz ations.
.
Drafted
policies
and standards for
licensing, staffing, q uality improvement,
and
document-retention
procedures.
.
Served as liaison to
Washington
State
agencies
in
licensing
matters.
Creation ofInternal Governmlce and Review Documents and Procedures
.
Researched
regulatory req uirements
and
helped
to create internal
governallce
and
review
procedures
to ensure
compliance
and serve clients needs.
.
Reviewed
ex isting governance
documentation and
procedures
and
provided
recommendations to
strengthen compliance
with
applicable regulations.
Corporate Formation, Struclure,
and Governance
.
Prepared
client materials on
understanding
and
meeting corporate governance
duties and
obligations.
.
Advised clients
regarding hiring employees, transitioning employees
to
mmmgement positions, governance,
mld
transitionillg
to the nex t
generation.
.
Assisted clients in
selecting proper
business
entity, forming Washington
corporations
and limited
liability companies,
and
preparing governance documents,
including bylaws, operating agreements,
and shareholder
agreements.
Internal
Corporate Restructuring
.
Strategiz ed, documented,
and ex ecuted the consolidation of
subsidimy
entities into
a
corporate parent entity.Analyz ed regulatory
and
corporate governance
issues in
relation to the consolidation.
.
Drafted
corporate restructuring
documentation and monitored ex tensive revision
process
over a period
of several months.
00006004
1-502
Proposal February 15, 2013
Page
60 of 67
16.
Approach
and
Methodology
A. STAKEHOLDER FOCUS GROUPS
(DELIVERABLE #1)
Marijuana
stakeholder focus
groups
will have to smmount a number of
challenges.
We
briefly
identify
some of these
challenges,
then detail our
proposed solutions,
and
finally
describe the
conceptual objectives
we believe should be
sought through
these
groups
to
help
establish best
practices.
Challenges
1)
Stakeholder
surveys frequently
do not meet
objectives
because
they
lack
credibility
Stakeholder
surveys provide a critical foundation for effective
policy
derived from
them,
such
as
regulatory compliance.
Yet without
credibility,
stakeholder
surveys fail, ultimately leading
to
policy
decisions that are unworkable or inefficient in
practice.
2) Marij
uana
growers
are difficult
population
to
survey
Marijuana growers (MG)
often do not confoffil to societal norms. Some are outcasts, some
outlaws,
and some
entrepreneurs.
At the same time, most are
passionate
because the
profession
is
difficult,
labor intensive and
legally dangerous
for casual
participants.
3) Defining
the
population
and
preventiug disruptions
in the
survey process
It is critical to differentiate desirable stakeholders
(DSH) versus undesirable stakeholders
(USH).
DSH can be
expected
to further tlle
goals
oftlle
smvey process,
while USH must be
prevented
from
undermining
it.
Proposed
Solutions
1)
Create
credibility through buy-in
with trusted stakeholder
groups
Existing advocacy organiz ations
such as WA NORML and Americans for Safe Access
(ASA)
as well as MG trade
alliances,
such as The
Evergreen
State Canoabis Trade Alliance command
a
good
deal of
respect
from stakeholders. Om team
possesses working relationships
with all
three oftlle above-mentioned
organiz ations,
which will be
leveraged
to achieve
credibility.
Mel Frank would also be
intimately
involved with these focus
groups;
his
reputation
in the MG
community
will be a
huge
asset.
Additionally, existing
MG media outlets can be used to
advertise the existence of the
proposed survey
forum site
(e.g. High Times, Skunk, etc.).
Including
all these
organiz ations
in the
process
also should
help
thwart
politically
motivated
obstructions to the
survey objectives.
2)
Use
response
methods that
help
ensure
auonymity
In addition to standm d
in-person methodology,
MG
community
forums
(CF),
or
"message
bom-ds,"
could be an
important
resource to
tap
when
surveying
stakeholders. CF are
heavily
utiliz ed
by MG, are
voluntarily anonymous,
and are
self-regulating.
As a result,
honest
opinions
are
readily
shared mld
peer vetting helps
to flush-out those who contribute
1mbiased,
experienced,
and credible
opinions
from those who do not. In
addition,
CF act as a data
repository, allowing transparency
to users and
minimiz ing
the
probability
of
conspiracy
00006005
1-502
Proposal February 15, 2013
Page
61 of 67
theories
regarding
data
compilation.
This method should also
help accomplish
the
following
solution.
3) Distinguish
those who can
help
from those who wont
As alluded to in
Challenge
3
above, we
propose segmenting
the stakeholders into
categories to
maximize the fruits of the
survey process
while
minimizing
fallout. We
propose
to use the
following
criteria to
identify
Desirable Stakeholders
(DSH)
from Undesirable Stakeholders and
using
a different
approach
in
communicating
with e ch.
DSH Inclusion Criteria
. 5+
years marijuana growing experience
at a scale
beyond personal use
.
Respected by peers,
either
by
the merits of their ideas or
reputation
. Sufficient communication abilities to
engage
in
productive
discussions
.
Possesses a collaborative "for the
greater good" spirit
USH Characteristics
. Seeks to
exploit
the focus
groups
for financial
gain
.
Has an "ax to
grind"
or ulterior motives
.
Desires
personal notoriety (a major problem
in this
industry)
Reaching
DSH will be
complicated by
historical occurrences that have
generated suspicion
in
MG. MG have watched
many
a
colleague
become ensnared
by
DEA and other federal
agencies
use of well-intentioned
compliance docnmentation, state
programs,
and local initiatives
against
forthcoming
MG.
Consequences
of some of these actions have included
mandatory
minimum
sentencing, property forfeiture,
and social
stigma
to name a few. In
short, a stakeholder
survey
will need to
provide
substantial assurances that valued
participants
will not be
inadverteutly
exposed
to federal enforcement or incur social
stigma.
At the same time,
there must be a
provision
for
allowing
the USH to
participate so they can
exhaust their
energies
and not
challenge
the
credibility
of the
survey.
Therefore,
the
survey
needs a
way
to
identify
USH
input
and
expunge
it while not
hindering
the
productivity
of the
program.
Conceptual Objectives
Upon overcoming
the
methodological challenges,
there is some key
information that we hope
to
glean
from the
surveys
tllemselves to determine best
practices.
We discuss these
objectives
for two
prominent
stakeholder
groups below,
but because of
space
constraiuts we have not
discussed a numbcr of other
potential
stakeholder
groups.
Growers
In the
study
of
agricultural product commodity systems
it is
important
to
identify
the
inefficiencies within the
system,
the factors
adding
to
production costs,
and the
necessary
expense
of effective solutions. When a
cOlmnodity
food
system
is
working effectively
it allows
the
product
to move f1Om the
grower, through
the
processing, handling,
and distribution
system
to tlle consumer at the final destination in a manner that
provides
tlle consumer with a
product
they
are
willing
to
pay for,
that is
safe,
and which has
only
miuimallosses in
quantity or
quality.
It is with these considerations in mind that we
propose
to
pursue
the
following
objcctives
in the
grower
focus
groups
to
help
determine best
production practices.
00006006
1-502
Proposal February 15, 2013
Page
62 of 67
1. Determine the cultural
practices
and factors that influence envirorunental
requirements
and constraints:
a. Grow
envirorunent, type
of
growing system,
and
production
choices
(outdoor/indoor;
soil and
amenities;
nutrient
sources;
use of
synthetics)
b.
I dentifY
and surrunarize
important principal problems
and costs
affecting
production
c.
I dentifY growing system, handling,
harvest
practices, locations,
and outcomes
(facilities, varieties, yields)
d.
A vailability
of
plant stock, materials, quality
seeds and cultivars
e. A ssess
input
use and costs
important
to
production (irrigation
and
water;
utilities;
contaminant and
pest control; pesticide,
herbicide and
fungicide use)
f.
I dentifY pre-harvest physical
treatments and
post-harvest handling
that affects
production
and
postharvest quality
g. I dentifY
the
principal sources, availability, skill,
and costs oflabor
h. Determine the level of
product
evaluation and
testing
for contanlination and/or
plant
infection
during
cultivation and at harvest
1. Swnmarize the
problems
and
constraints,
which
impact production
and
post-
harvest
handling
and
processing
2. A ssess issues associated with
organic
certification in
Washington
State since the main
organic
certification
program
is a federal
program-USDA Organic.
3.
I dentifY changes
in cultural
practices
that
might
contribute to an increase in
production
(sensitivity
of
plants
to
damage, uses
oftec1mologies,
disease resistance
ofvarietals)
4.
I dentify changes
in cultural
practices or
technology
that
might
contribute to decreases
in
per
unit
production
costs
(use
of
harvesting
tools or
methods)
5. A ssess the level of vertical
integration amongst growers (extent growers
also
process,
distribute,
manufacture other
products,
and retail
marijuana)
6.
I dentifY
the
changes
in
legalization
and the levels of taxation that
might
contribute to
grower
choices in
production
and in
marketing (legal versus underground sales)
7. Determine the extent incentives are needed to
keep
waste or contaminated
product
out
of the
regulated
market and off the black market
8.
I dentifY
infol1nation sources used to track
legal
and black market trade and
pricing
9.
Explore
the
types
of
grower
education
programs
needed to
produce quality products
that meet consumer demands and
protect public safety
Processors and Distributors
Problems and losses that arise in a
commodity system
indicate inefficiencies within. The costs
of
reducing
loss or
improving safety (e.g. improved storage conditions,
reduction of
contamination
by mgus, etc.) can have a larger
value than the value of the
product
saved
by
the imlOvation. Y et how does one
place a dollar amount on the cost of consumer
safety?
Towalds this end it is
impOliant
to determine the critical drivers
throughout
the
processing
and
distribution
system
to be able to establish
processing
and distribution best
practices.
I . Determine the
processor
and distributor cultural
practices, enviromllent,
and factors that
influence their decisions and the constraints
they
face.
a. I dentify
and summarize
important principal problems
and costs
affecting
processing
and distribution
b.
I dentifY points
in the
system (and
tlle decision
makers)
where
grading, sizing,
and standards are
applied
to sort
product by
value and direct to market outlets
i. Sunill1arize
grading
standards and its
implications
towards
regulation.
00006007
1-502
Proposal February 15, 2013
Page
63 of 67
c. Understand the criteria and
categories
for
product grading ( color, v ariety,
size
damage, premium setting) ,
reasons and decisions behind
grade
and standard
setting
and how
sorting
takes
place
d. Assess where
inspection, safety,
and contamination are tested, detected,
and
v alidated in distribution channel
e. Determine
methodology
of
atmospheric
controls
( cooling)
and when chemicals
are
applied post-harv est,
if chemicals are tested
for,
and if this information is
currently relayed
to
dispensaries/ retailers
and consumers
f. Summarize the
points
of
storage
and attributes of
storage
from
grower,
collection
points, processing, handling,
and the influence it has on
post-harv est
q uality
and
degradation.
g.
Assess where bulk
product
is broken down to
dispensary
size
packaging
and
consumer
packaging
and other dimensions of
repackaging
to
price
as
product
passes through
the market channel
h. Summarize the
problems
that affect
processing
and losses of the
product
through
the distribution
including transport beyond
the
grower
to
dispensaries
and the final consumer.
Medical
marijuana
sale has
progressed
tlle
production system
for
marijnana
both in terms of
production technologies
and in
recognizing q uality
attributes
( safety,
free from
contamination,
potency, dev eloping
to consumer
preferences, etc.) .
But from an
agricultural
market
perspectiv e,
little data is av ailable
regarding
the
dynamics
in this
system especially
with the
added
complexity
of undocumented
imports across national boundaries. The stakeholder focus
groups
will
help
fill this iuformation v oid and
prov ide
information for
dev eloping
realistic and
effectiv e
regulations.
10. Determine the cultural
practices
and factors that iufluence env iromnental
req uirements
and constraints:
a. Grow
env ironment, type
of
growing system,
and
production
choices
( outdoor/ indoor;
soil and
amenities;
nutrient
sources;
use of
synthetics)
b.
I dentify
and slllll111arize
important principal problems
and costs
affecting
production
c.
I dentify growing system, handling,
harv est
practices, locations,
and outcomes
( facilities, v arieties, yields)
d.
Av ailability
of
plant stock, materials, q uality
seeds and cultiv ars
e. Assess
input use and costs
important
to
production ( irrigation
and
water;
utilities;
contaminant and
pest control; pesticide,
herbicide and
fungicide use)
f.
I dentify pre-harv est physical
treatments and
post-harv est handling
that affects
production
and
postharv est q uality
g. I dentify
the
principal sources, av ailability, skill,
and eosts oflabor
h. Determine tlle lev el of
produet
ev aluation and
testing
for contamination and/ or
plant
infeetion
during
cultiv ation and at harv est
1. Summarize the
problems
and
constraints,
which
impact production
and
post-
harv est
handling
and
processing
I I . Assess issues associated with
organic
certification in
Washington
State since the main
organic
certification
program
is a federal
program-USDA Organic.
12.
I dentify changes
in cultural
practices
that
might
contribute to an increase in
production
( sensitiv ity
of
plants
to
damage,
uses of
technologies,
disease resistance
ofv m ietals)
13.
I dentify changes
in cultural
practices
or
technology
that
might
contribute to decreases
in
per
unit
production
costs
( use
of
harv esting
tools or methods)
00006008
I-S02
Proposal February is,
2013
Page
64 of 67
14. Assess the level of vertical
in tegration amon gst growers (exten t growers
also
process,
d istribute,
man ufacture other
prod ucts,
an d retail
marijuan a)
15.
Id en tify
the
chan ges
in
legaliz ation
an d the levels oftaxation that
might
con tribute to
grower
choices in
prod uction
an d in
marketin g (l gal versus
un d ergroun d sales)
16. Determin e the exten t in cen tives are n eed ed to
keep
waste or con tamin ated
prod uct
out
of the
regulated
market an d off the black market
17.
Id en tify
in formation sources used to track
legal
an d black market trad e an d
pricin g
18.
Explore
the
types
of
grower
ed ucation
programs
n eed ed to
prod uce q uality prod ucts
that meet con sumer d eman d s an d
protect public safety
Processors an d Distributors
Problems an d losses that arise in a
commod ity system
in d icate in efficien cies within . The costs
ofred n cin g
loss or improvin g safety (e.g. improved storage con d ition s,
red uction of
con tamin ation
by fun gus, etc.) can have a
larger
value than the valn e of the
prod uct
saved
by
the in n ovation . Yet how d oes on e
place a d ollar amoun t on the cost of con sn mer
safety?
Toward s this en d it is
importan t
to d etermin e the critical d rivers
throughout
the
processin g
an d
d istribn tion
system
to be able to establish
processin g
an d d istribution best
practices.
2. Determin e the
processor
an d d istributor cultural
practices, en viromn en t,
an d factors that
in fluen ce their d ecision s an d the con strain ts
they
face.
a.
Id en tify
an d sUl11l11ariz e
impOllan t prin cipal problems
an d costs
affectin g
processin g
an d d istribution
b.
Id en tify poin ts
in the
system (an d
the d ecision
makers)
where
grad in g, siz in g,
an d stan d ard s are
applied
to sort
prod uct by
value an d d irect to market outlets
i. Summariz e
grad in g
stan d ard s an d its
implication s
toward s
regulation .
c. Un d erstan d the criteria an d
categories
for
prod uct grad in g (color, variety,
siz e
d amage, premium settin g), reason s an d d ecision s behin d
grad e
an d stan d ard
settin g
an d how
sortin g
takes
place
d . Assess where
in spection , safety,
an d con tamin ation are tested , d etected ,
an d
valid ated in d istribution chan n el
e. Determin e
method ology
of
atmospheric
con trols
(coolin g)
an d when chemicals
are
applied post-harvest,
if chemicals are tested
for,
an d if this in formation is
curren tly relayed
to
d ispen saries/ retailers
an d con sn mers
f. SUlmn ariz e the
poin ts
of
storage
an d attributes of
storage
from
grower,
collection
poin ts, processin g, han d lin g,
an d the in fluen ce it has on
post-harvest
q uality
an d
d egrad ation .
g.
Assess where bulk
prod uct
is broken d own to
d ispen sary
siz e
packagin g
mld
con sumer
packagin g
an d other d imen sion s of
repackagin g
to
price as
prod uct
passes through
the market chalmel
h. SLUlllllariz e the
problems
that affect
processin g
an d losses ofthe
prod uct
through
the d istribution
in clud in g tran sport beyon d
the
grower
to
d ispen saries
an d the fin al con SLUn er.
Med icalmmijumla
sale has
progressed
the
prod uction system
for
marijuan a
both in terms of
prod uction techn ologies
an d in
recogn iz in g q uality
attributes
(safety,
free from
con tamin ation ,
poten cy, d evelopin g
to con SUlller
preferen ces, etc.).
But from an agricultural
market
perspective,
little d ata is available
regard in g
the
d yn amics
in this
system especially
with the
ad d ed
complexity
of un d ocumen ted
imports
across n ation al boun d aries. The stakehold er focus
groups
will
help
fill this in formation void an d
provid e
in formation for
d evelopin g
realistic an d
effective
regulation s.
00006009
1-502
Proposal February 15,
2013
Page
65 of 67
There are also
important
internal
stakeholders,
such as Enforcement and
Technology,
who
should be interviewed. In
addition,
at the discretion of WSLCB it
may
be
important
to seek
input
from a larger
swath of stakeholders
including
law
enforcement, landlords,
forest service
officials,
and others.
Finally,
it
may
also
prove
worthwhile to evaluate a few case-studies after
the stakeholder
surveys
to
gain insight on where
general approaches may
fail in
ex traordinary
instances.
DELIVERABLE #2: RECOMMENDING RULES
The WSLCB is no
stranger
to
dealing
in a highly-regulated industry
that was once
illegal,
where
public safety
concerns take
precedent,
where tiers are separated
and tax es are high,
and
where
licensing
and enforcement are vital
components.
In
addition,
the WSLCB understands
the business side of the
industry
and what it means to have a successful, profitable
business
model while
remaining a stalwart steward of the
public
interest.
And,
in the wake
ofI-1183,
the
WSLCB has also witnessed the
necessity
of
product security
and the
resulting
black market
and crime ramifications of a highly-tax ed product
when it is not
protected
from theft. All of
these
ex periences
will be
helpful
to this
process.
Our
approach recognizes
that this
agency
is well-suited for the
regulation
of the
marijuana
industry,
but must deal with the
unique challenges
associated with this
particular product.
Our
team has a
unique understanding
of the
product,
its
regulation,
and the
industry
-
including
similarities to and differences from the
regulation
of alcohol here in
Washington
- and what
regulations
will ensure that its use is safe for the users and non-users alike.
The WSLCB has
opportunity
for
policy analysis
and
rule-making
that ex tends to broader
social needs.
For
ex ample, following
the 1996
legalization
for medical use in
California,
electrical
consumption
in Humboldt
COlUIty
rose 50%
per
capita.1lndoor growing
in California was
estimated at 3% of all electrical
usage
in the state.
Although
estimates are just that, estimates,
electrical
usage by
indoor
grow
rooms should be made a
major
factor in the
strategies
that
become
popularly adopted by legal growers.
The
good
news is that means ex ist to rcduce this
consmnption considerably (by
Mills estimate
as much as
75%),
even without
considering
mov
ng
much cultivation outdoors.
Further,
the WSLCB is in the
unique position offostering more efficient means of
production
through instituting a Carbon
Footprint
Tax
(CFT)
to tax electrical use or otherwise ex cessive
environmental
impacts. By requiring producers
to
supply
electrical bills for tax
purposes,
the
WSLCB could
help
eliminate the
problem
of
growers splicing power
lines
pre-meter;
this
stealing
of
energy
is a common
practice
with illicit
grow
rooms.
The CFT would
prompt
manufacturers of horticulhrral
equipment, particularly lighting
equipment,
and the main
energy consumer,
to
develop
more efficicnt
products.
Growers are
00006010
1-502
Proposal February 15, 2013
Page
66 of 67
famously
creative in
finding
new and better
ways
to
grow
and the CFT would be a
strong
incentive to innovate electrical
efficiency.
7
Phase I: Assessment of
existing
models and cnrrent LCB
regnlatory
structure
Our
approach begins
with assessment ofthe current resources and
regulatory frameworks,
with
a focus
on, per
the
language
ofI-502
itself, (1) spirits regulation
here in
Washington, (2)
other
available
regulatory
fTameworks in
Washington
and
elsewhere,
and
(3)
other states and
countries
specific
cannabis
regulations
and
policies.
Our
experience
in cannabis
regulation
and
familiarity
with the
existing
WSLCB
regulatory
framework will assist in a
thorough
and
efficient assessment of what
regulatory systems
are out there,
which
approaches
have worked
and which have
not,
the
improvements
that can and should be
made,
and how to execute them.
Phase II: Research and evalnation
We understand thalI-502 did not
provide you
with all the enforcement tools and resources
you
likely
wanted or
thought you
needed.
However, as with
liq uor, voluntary compliance,
when
combined with
enforcement, can stretch
your
resources farther and
ultimately, produces
the
best results. Both to set that
groundwork
and to
get
the best
understanding
of how the
industry
operates
here
today, we will conduct stakeholder
research, as detailed
above,
in order to
survey
existing
behaviors and
practices.
We will then evaluate the results in
conjunction
with our
knowledge
base and research from the other three
Categories, compare
them with the
language
of and
policy
behind
1-502,
and outline the framework for the new
regulations.
We will
go
over
the results with
you
and
your
team.
Phase III:
Drafting regulations
From
here, by drawing on our research and historical
experience, we will be able to work
collaboratively
with
your
team to
provide you
with written
assumptions
and recommendations
for actual
regnlations
to
implement
1-502. We will also work with
you
to validate this
strategy
with internal and external stakeholders
through
the
public rulemaking process,
and. where
appropriate,
with state
personnel,
both inside and outside
your agency.
Due to the short
timeframe for
implementation, we can
stagger
the various sections ofthe
regulations
in order to
provide
for an efficient,
streamlined
process.
Phase IV:
Ougoing monitoring
Moving fOlward, we will continue to work with the LCB to ensure that the
regulations are
worldng.
We will
closely
monitor
your
rule
development
in the context of the overall
marijuana regulatory enviroument,
and be
ready
to
propose
revisions to the
strategy
as
necessary.
We will meet with staff - from
varying
sections of the
organiz ation
- to
get
real
time feedback on the
regulator
obstacles
they may
be
facing.
7
Mills, Evan,
Ph. D.
Energy Up
In Smoke: The Carbon
footprint
ofIndoor Cannabis
Cultivation.
April 5,
2011. Produced
independently by
Dr.
Mills, a scientist who
specializ es
in
energy analysis
and the role of
energy
in climate
change.
00006011
1-502
Proposal February 15, 2013
Page
67 of 67
Here is a
summary
of
steps:
1)
ASSESSMENT
.
Review and assess ex isting
WSLCB frameworks for
regulation
of
spirits, inc luding
the three-tier
system, lic ensing,
and enforc ement
Review and assess other state and federal
regulatory
frameworks that
may provide
analogous regulatory ex amples
Review and evaluate other states MMJ
regulations
Review Colorados rec reational
marijuana regulations as available
Review and evaluate international models
Review c urrent and c onsider
potential
new
partnerships
with other state
agenc ies as
req uired
.
.
.
.
.
2)
RESEARCH/ EV ALUA TION
.
Review and
analyze
LCB
ex isting
stakeholder feedbac k
Compile
internal researc h and results from other
Categories
Conduc t stakeholder foc us
groups
and researc h and
c ompile
results
Evaluate and
analyze polic y
and
pnblic safety
ramific ations of researc h
Consnlt with
Department
of
Agric ulture re c lasses of
produc t ac c ording
to
q ualitative
measurements
.
.
.
.
3)
DRAFTING REGULATIONS
.
Establish
overarc hing
framework in
c onjnnc tion
with WSLCB
input
Organize
sec tions of
regulations
and
begin drafting
Provide draft
language
to WSLCB for fc edbac k and c omments
Work with WSLCB rules c oordinator to roll out draft rules for
public
COlmnent on
stair-stepped
basis as
nec essary
Commnnic ate with affec ted state and loc al
agenc ies
Provide
freq uent updates
to WSLCB and assist WSLCB in
providing updates
to
legislature, stakeholders,
and
public
as
nec essary
.
.
.
.
.
4)
ONGOING MONITORING
.
Obtain and evaluate stakeholder feedbac k
ObtaiJ; !
and evaluate WSLCB s feedbac k, inc luding lic ensing
and enforc ement
Obtain and evaluate feedbac k from other state
agenc ies,
loc al
jurisdic tions,
law
enforc ement,
and other
govenmlental
entities
Review
c omplianc e
levels
Evaluate
agenc ys ongoing
needs
.
.
.
.
00006012
Contract Number K430
For
Initiative 502
Consulting
Services
Between the
Washington
State
Liquor
Control Board
and
ManagementPro.com
This Contract is made and entered into
by
and between the
Washington
State
Liquor
Control
Board, hereinafter referred to as the "WSLCB", and the below named
Company,
hereinafter
referred to as "Contractor",
for the
purpose
of
providing
Initiative 502
Consulting Services.
Management Pro.com,
107589
Country
Club Lane S
Seattle WA98168
PURPOSE
The
purpose
of this Contract is to enter into an agreement
for Initiative 502
(IM502) Consulting
Services, to assist the WSLCB with the
implementation
of the
requirements
ofIM502.
SCOPE OF WORK
Exhibit A, attached hereto and
incorporated by reference, contains the General Terms and
Conditions
governing
the
goods to be
provided
and services to be
performed
under this
contract,
the nature of the
working relationship
between the WSLCB and the Contractor, and
specific
obligations
of both
parties.
The Contractol will
provide goods, services,
and
staff, and othelwise do all
things necessary
for 01
incidental to the
performance
of work, as included in the WSLCBS
Request
for
Proposals
No.
K430, attached as Exhibit
B,
and the Contractors
proposal
dated
,
attached as Exhibit C.
The Contractor shall:
Provide
Consulting
Services to the WSLCB which shall assist the
agency
with the
implementation
of IM502
requirements including,
but not limited
to,
the
following Categories
of
expertise:
}>
Category
1: Product and
Industry Knowledge
Contractor shall be a product expert
and have
expert knowledge, including
but not limited, to
the
following:
a. How
Marijuana
is
grown, cultivated, harvested, cured, and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged, labcled, transported,
and sold at retail level
d. How wholesale and retail
product
should be recalled and accounted for
e. How
Marijuana
should be
destroyed
if over produced, contaminated, or recalled
CategOly
1 Deliverables:
Contractor shall
provide
the
following:
1. Minimum standards
relating to the
growth, harvesting, transporting
and sale of use able
recreational
Marijuana
CONTRACT NO. K430
Page
1 of 30
00006013
2. Minimum standards for Product
safe ty re l ating to the infusion of
Marijuana or
Marijuana by products
in
fODd, be ve rag e , l otions,
ointme nts or othe r Products to be sol d
in re tail l ocations
3. Minimum standards for the
tracking
and re concil iation of Product
g rown, sol d, and/or
de stroy e d
:>
Cate g ory
2: Product
Qual ity
Standards and
Te sting
Contractor shal l :
a. Have
e xpe rt knowl e dg e
of the infrastructure
re q uire d
to te st Marijuana to e nsure the
fol l owing :
Product
q ual ity , conte nt, and
ing re die nts
Consume r
safe ty
b. Assist the WSLCB with
e stabl ishing q ual ity
standards for
te sting
c. Assist the WSLCB with
e stabl ishing
and
impl e me nting I ndustry te sting
standards and
practice s
d. Be
knowl e dg e abl e on me thods to
safe l y proce ss product
Cate g ory
2 De l ive rabl e s:
Contractor shal l
provide
the
fol l owing :
I . Minimum standards al l owe d for
te sting
and
confirming
Product
safe ty
fr0 1 1 1
contaminants
2.
Te sting
standards for Product
te sting ofTHC/CBD l e ve l s and ratios for Product
offe re d
3.
Labe l ing
standards ne e de d to me e t the
re q uire me nts as de fine d
by
l aw
:>
Cate g ory
3: Product
Usag e
and
Consumption
Val idation
Contractor shal l :
a. Have the
e xpe rtise to e stimate
product usag e
and
consumption
l e ve l s
by g e og raphic
are as in
Washing ton
State .
Cate g ory
3 De l ive rabl e s:
Contractor shal l
provide
the
fol l owing :
1 . A
re port de tail ing re cre ational , me dical and total
Marijuana use in
Washing ton State ,
by county
2. A
proje cte d
vol ume of
Marijuana
ne e de d on an annual basis to
satisfy de mand, and
e stabl ish
pl ant y ie l d
and
g rowth
vol ume
assumptions
ne e de d to ke e p pricing at or
be l ow bl ack marke t l e ve l s
:>
Cate g ory
4: Product
Re g ul ation
Contractor shal l :
a. I .l ave a strong unde rstanding
of State , l ocal or Fcde ral
g ove rnme nt proce sse s
and
proce dure s
b. Assist the WSLCB in
crafting Marijuana sy ste m re g ul ations.
Cate g ory 4 De l ive rabl e s:
Contractor shal l :
I . Conducl stake hol de r focus
g roups
for discussion and de te rmination of be st
practice
re l ating to the
g rowth, harve sting , distribution, product
infusion and sal e of use abl e
re cre ational
Marijuana
2. Provide writte n
inde pe nde nt
third
party assumptions,
re comme ndations and
ove rsig ht
fol l owing g uide l ine s
e stabl ishe d
by
the
ope n g ovcnuncnt act
CONTRACT NO. K430
Pag e
2 of 30
00006014
General
Requirements:
Contractor will work in
conjunction
with the WSLCB
p roject manager
and
any
other identified
WSLCB
p ersonnel to ensure that the services are p rovided
in accordance with
industry
standards
and best
p ractices.
PERIOD OF PERFORMANCE
The
p eriod
of
p erformance
under this contract shall be for two (2) years
from the date of
execution,
with the
op tion to extend for additional terms or p ortions
thereof.
COMPENSATION
Total comnensation for services rendered shall be as follows:
Item Descr~ tion Pllce
Total
MICELLANEOUSEXPENSES
The WSLCB
may
reimburse Contractor for travel and related
exp enses
as identified in this
Contract, or as authorized in
writing,
in advance
by
the WSLCB in accordance with the current
rules and
regulations set forth in the
Washington
State Administrative and
Accounting
Manual
(http ://www. ofin. wa. gov/p olicy/defauILasp ). andnottoexceedexp ensesactuallyincurred. No
p ayment
of travel
exp enses
will be made to Contractor for routine travel to and from the WSLCBs
location. Contractor
may
be
required to p rovide a detailed itemization of
exp enses, including
descrip tion,
amounts and
dates, and
receip ts
for amounts of
fifty
dollars
($50) or more when
requesting
reimbursement.
BILLING PROCEDURES AND PAYMENT
The WSLCB will
p ay
Contractor
up on accep tance
of
goods
and/or services
p rovided
and
receip t
of
p rop erly comp leted invoices,
which should
be.
submitted
electronically to:
HOSuRl~ ly@lig. wa. gov.
If Contractor is unable to submit invoices
electronically,
invoices
may
be submitted
by
mail to:
Washington
State
Liquor
Control Board
Attn:
Sup p ort
Services
PO Box 43090
Olymp ia,
WA 98504
Each invoice shall be identified with the
following
items:
State INVOICE
Identify
the invoicc number and date
Be identified
by
Contlact Number K430
Identify
Contractors Statewide Vendor
registration
number
assigned by Washington
State
Office of Financial
Management (OFM)
Be in U. S. dollars
Identify
the all
ap p licable p romp t p ayment
discount and/or volume
discount(s)
Identify p ayee
name and address in
comp liance
with U. S. Postal
regulations
Describe and document, to the WSLCBS satisfaction, a descrip tion
of the
goods p rovided
and/or work
p erformed, including
dates
Be
accomp anied by
documentation that confirms that scrvices were p erformed or p roducts
were received
CONTRACT NO. K430
Page
3 of 30
00006015
The WSLCB
may,
in it s s ole
d is c r et ion,
t er minat e t he c ont r ac t or wit hhold
payment s
c laimed
by
t he Cont r ac t or for
good s
and /or s er vic es r end er ed if t he Cont r ac t or fails t o s at is fac t or ily c omply
wit h
any
t er m or c ond it ion of t his c ont r ac t .
No
payment s
in ad vanc e or in
ant ic ipat ion
of s er vic es or s upplies t o be
pr ovid ed
und er t his c ont r ac t
s hall he mad e
by
t he WSLCB.
Payment
s hall be c ons id er ed
t imely
if mad e
by
t he WSLCB wit hin
t hir t y (30)
c alend ar
d ays
aft er
r ec eipt
of
pr oper ly c omplet ed
invoic es .
Payment
s hall be s ent t o t he ad d r es s
d es ignat ed by
t he
Cont r ac t or .
Payment
for
mat er ials , s upplies
and /or
equipment
r ec eived and for s er vic es r end er ed s hall be mad e
by
WSLCB and be r ed eemable in U.S. d ollar s .
Any
bank or t r ans ac t ion fees or s imilar c os t s
as s oc iat ed wit h
c ur r enc y exc hange pr oc ed ur es or t he us e of
pur c has ing/c r ed it
c ar d s s hall be
fully
as s umed
by
t he Cont r ac t or .
In t he event t hat t he Cont r ac t or
over c har ges
t he
WSLCB,
c hec ks s hall be mailed wit h t he har d
c opy
c r ed it memos PO BOX 43085
Olympia
WA 98504.
CONTRACT ADMINISTRATION
All aut hor ized c ommunic at ion
r egar d ing
t his c ont r ac t s hall oc c ur bet ween t he Cont r ac t or s
Aut hor ized
Repr es ent at ive or d es ignee
and t he WSLCB Cont r ac t Ad minis t r at or or d es ignee.
Cont r ac t or s Aut hor ized Repr es ent at ive
I
WSLCBCollt iac t Ad mil1is t r at or
I
Cont r ac t or s Aut hor ized
Repr es ent at ive
Name
Ent er Name of CONTRACTOR
Was hingt of!
St at e
Liquor
Cont r ol Boar d
Ent er CONTRACTOR Ad d r es s PO Box 43090
Ent er
Cit y,
St at e &
Zip
Cod e
Olympia,
WA 98504
Phone:
( )
Phone:
(360)
664-
Email ad d r es s : Email ad d r es s : Ent er Bmai!
ORDER OF PRECEDENCE
Eac h of t he exhibit s lis t ed below is
her eby inc or por at ed
int o t his c ont r ac t . In t he event of an
inc ot is is t enc y in t his
c ont r ac t ,
t he
inc ons is t enc y
.s hall be r es olved
by giving pr ec ed enc e
in t he
following
or d er :
1.
Applic able
fed er al and s t at e of
Was hingt on s t at ut es and
r egulat ions
2.
Spec ial t er ms and c ond it ions as c ont ained in t his bas ic c ont r ac t ins t r ument
3. Exhibit A - Gener al Ter ms and Cond it ions
4. Exhibit B -
Reques t
for
Pr opos als
No. K430
5. Exhibit C - Cont r ac t or s
})r opos al d at ed
6.
Any
ot her
pr ovis ion, t er m or mat er ial
inc or por at ed
her ein
by
r efer enc e or ot her wis e
inc or por at ed
APPROVAL
The
s ignat or ies t o t his Cont r ac t
r epr es ent
t hat
t hey
have t he
aut hor it y t o bind t heir
r es pec t ive
or ganizat ions t o t his Cont r ac t .
CONTRACT NO. K430
Page 4 of 30
00006016
In Witness
Whereof,
the
p a rties hereto, ha ving
rea d this Contra ct in its
entirety , including
a ll
a tta chments, do
a gree
in ea ch a nd
every p a rticula r
a nd ha ve thus set their ha nds hereunto,
For Contra ctor:
Project Ma na ger
fOf WSLCB:
(Contra ctor Authorized Reoresenta tive
Signa ture) (Da te) (Signa ture) (Da te)
Wa shington
Sta te
Liquor Control Boa rd
3000 Pa cific Ave SE
COll ;a ctor Na me
p encv Na me Olvmnia WA 98504
Print Na me PrilltNa me
Telenholle. No. TelenhOlie No.
Ema U EIlla il
AnthorizhigWSLCB
Contra ct
Ma na ger Ap p rova l
Print Na me Da te
Signa ture
Enta il
Phone
CONTRACT NO. K430
Pa ge 5 of 30
00006017
EXInBITA-
GENERAL TERMS AND CONDITIONS
DEFINITIONS
..........................................."."......................................"......"............................................... 7
ACCEPT ANC8............. ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.ERROR!
BOOKMARK NOT DEFINED.9
ADMINISTRA lIVE SUSPENSION
...........",..........................."".".......".................. ...............,........,........ 9
ADVANCE PAYMENTS PROHIBITED
........................................"........................ ............................""..9
ADVERTISING
......................................................................"...............".................. .............."....".."."",,9
ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS """"..,,,..,,,........,........,,..,.,,............,,,,,,,..9
AMENDMENTS.".."".",.."....,..."....."".........."...............,,.......""..."....."..."....."............,....""..,.........,.....,9
AMERICANS WITH DISABILITIES ACT
(ADA)
OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO
AS THE "ADA" 28 CFR PART 35 ...................................."......,....,,,,,,.........,..........,..,....................,................,9
ANTITRUST
."..,.".......,........".................."....."...............,.,.......,....."....."..........,......,.....,....."..."..."..."......9
ASSIGNMENT
.....,.,...."......~."........,",.....................,,,...,,.............."................."...........,....,......"............., 10
ASSURANCES
.,...""...,..,....."........",...................,..,.....".............."..............."",.....,.....,.."".....,........."".,
10
ATTORNEYS FEES.............,..".....,........,..............................................,..",............................................., 10
CHANGES
..,.............................,......,.......................................,.............,....,..........................................,..", 10
COMMENCEMENT OF WORK.....,................"............,.............,.,............................................................ 10
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
..,.....................................,......",............. 10
CONFLICT ..................,........".............."........................,.......................................,.............,....,.....,...........10
CONFLICT OF INTEREST .....................................,..,.."........."..........................,.,.............,........."...........1 0
CONFORMITY .......".............".....................,.................................................,....................,............"..."...10
CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS........,........................ll
COST OF REMEDY
....................................,......"................................................,.,....,...............................11
COVENANT AGAINST CONTINGENT FEES ...............................,.........................................................11
DETERMINATION OF STANDARD OF
QUALITY/CONSISTENCY OVER TERM OF CONTRACT I I
DISALLOWED COSTS ................................."............,.......................................,....................,....,............11
DISPUTES
,..............,........................................................................................................,......"................" II
ENTIRE AGREEMENT ..................."..................................................................,.............,........................12
EQUIPMENT DEMONSTRATION COMPLIANCE INSPECTIONS ................ERROR! BOOKMARK NOT
DEFINED.ERROR! OOI{MARK NOT UEFINED.ERROR! BOOKMAllK NOT DEFlNED.12
ESTABLISHED BUSINESS
............................,.............."..........................,.......,..................................."..12
FORCE MAJ EURE.............................................................................................,.................................,......12
GIFTS AND GRATUITIES
.....................,.......,..............................."...,....,........,........................................13
GOVERNING LAW
............................,..........................................."........,.,.............................................,.13
INCORPORATED DOCUMENTS ....,...................................,....................,..............................,................13
INDEMNIFICATION
.............,....,...........................................,....................,..........................................."..13
IDENTIFICATION
................................,..............................................,....,.............................................,...14
INDEPENDENT CAPACITY OF THE CONTRACTOR....................,.............................................,........I4
INDUSTRIAL INSURANCE COVERAGE..................................,.........................................................,...14
INSPECTION AND
REJ ECTIo,N ....,..........................................,................,...............................,.........,,,., 14
INSURANCE
........................,....,....,.....................................,......,..........................................,..........".........14 .
LEGAL NOTICES .....................,....,.,....................................................................................",........,..........16
LICENSING, ACCREDITATION AND REGISTRATION .......................................................................17
LIENS, CLAIMS AND ENCUMBRANCES.....,...............................................,......,...........,......................17
LIMITATION OF AUTHORITY
................,........................................................,.....,.................................17
LIMITATION OF LIABILITY
...............................,.....................................................................,..............17
LIQUIDATED DAMAGES
.....,.........................,.........................................................................................17
MATERIALS AND WORKMANSHIP.......................".......................................,....................,.................18
MATERIAL BREACH .............................,..................,................................................."............................18
NO ADDITIONAL CHARGES
.....................,.............................................................................................19
NONCOMPLIANCE WITH NONDlSCRIMINA TION LAWS .................................................................19
NONDISCRIMINATION
..................,.,..,............................................,.......................................................19
CONTRACT NO. K4 30
Page
6 of 30
00006018
NON-EXCLUSIVE R EM ED IES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9
OPPOR TUNITY TO CUR E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9
OR D ER FULFILLM ENT R EQUlR EM ENTS. . . . ER R OR ! BOOKM AR K NOT D EFINED . ER R OR I BOOKM AR K
NOT D EFINED , ER R OR ! BOOKM AR K NOT D EFINED . 20
OSHA AND WISHA R EQUIR EM ENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9
OVER PA YM ENTS TO CONTR ACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PER SONAL LIABILITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PR ICE INCR EASES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PR ICE PR OTECTION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PR IVACY
. . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PR OBLEM R ESOLUTION AND D ISPUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PUBLICITY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
R ECOR D S M AINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
R EGlSTR A TION WITH D EPAR TM ENT OF R EVENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
R ETENTION OF R ECOR D S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " " . . . . . . . . . . . . . . . . . . . 23
R IGHT OF
INSPECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SAVINGS. ER R OR ! BOOKM AR K NOT D EFlNED . ER R OR I BOOKM AR K NOT D EFINED . ER R OR ! BOOKM AR K
NOT D EFTNED . 23
SER VICE EXPECTATIONS. . . . . . . . . . . . . . . . . . . . . . ER R OR ! BOOKM AR K NOT D EFINED ,ER R OR I BOOKM AR K NOT
D EFINIW. EnR OR ! BOOKl\lAR K NOT D EFINED . 23
SEVER ABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SHIPPING AND R ISK OF LOSS
. . . . . . . . . . . . . . . ER R OR ! BOOKM AR K NOT D EFINED . ER R OR ! BOOKM AR K NOT
D EFINED . EIUWR ! BOOKM AR K NOT D EFINED . 24
SITE SECUR ITY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
STATEWID E VEND OR PA YM ENT R EGlSTR ATION. . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . 23
SUBCONTR ACTING
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SUPER VISION AND COOR D INATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
SUR VIVOR SHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
TAXES, FEES AND LICENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
TER M INATION BY M UTUAL AGR EEM ENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
TER M INATION FOR CAUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
TER M INATION FOR CONFLICT OF INTER EST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TER M INATION FOR CONVENIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TER M INATION FOR NON-ALLOCATION OF FUND S . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TER M INATION FOR WITHD R AWAL OF AUTHOR ITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TER M INATION PR OCED UR ES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
TITLE TO PR OD UCT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
TR AININGER R OR ! OOKM AR K NOT D EFINED . ER R OR ! OOI{M AUK NOT D EFINED . ER R OR ! OOKM AR K
NOT D EFINED . 28
TR EATM ENT OF ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
WAR R ANTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
EXHIIT B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
EXHIIT C . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0
D EFINITIONS
As used
throughout
this
contract,
the
following terms shall have the
meaning set forth below:
A.
" Acceptance"
_The
materials, supplies, services, andlor
equipment
have
passed appropriate
inspection.
In the event that there is a formal
Acceptance Testing period required
in the
Solicitation document then
acceptance
is formalized in
writing.
If there is no Acceptance
Testing, acceptance may
occur when the Products are delivered and
inspected.
CONTR ACT NO. K43 0
Page 7 of 3 0
00006019
B.
"Acceptance Testing"
--The
process
for
ascertaining
that the
materials, supplies, services,
and/or
equipment meets the standards set forth in the S olicitation, prior to
Acceptance by
the
WS LCB.
C. "WS LCB" --shall mean the
Liquor
Control Board of the S tate of
Washington, any division,
section, office,
unit or other
entity
of the WS LCB, or
any
of the officers or other officials
lawfully representing
that WS LCB.
D.
"Agent"
--shall mean the Director, and/or the
representative
authorized in
writing
to act on the
Directors behalf, or Contractors authorized
representative acting on behalf of the Contractor.
E. "Amendment" --For the
purposes
of this
Contract,
shall mean an agreement between the
parties to change
this Contract after it is
fully signed by
both
parties.
S uch
agreement
shall be
memorialized in a written document
describing
the
agreed upon change including any
terms
and conditions
required to supportsuch change.
An Order Document shaH not constitute an
Amendment to this Contract.
F. "Business
Days"
--
Monday through Friday,
8:00 a.m. to 5:00
p.m.,
Pacific Time, except
for
holidays
observed
by
the state of
Washington.
G. "Calendar
Days"
--Consecutive
days
of the
year including
weekends and
holidays,
each of
which commence at 12:00:01 a.m. and end at
Midnight,
Pacific Time. When
"days" are not
specified,
Calendar
Days
shaH
prevail.
H. "Contract" --An
agreement, or mutual
assent,
between two or more
competent parties
with the
elements of the
agreement being offer, acceptance, consideration, and
legal binding.
I . "Contract Administrator" --The
primary contact for the WS LCB
regarding
this contract.
J. "Contractor" --shall mean that firm, provider, organization,
individual 01 other
entity
providing goods
and 01 service(s)
under this
contract,
and shall include all
employees
of the
Contractor.
K. "Contractors Authorized
Representative"
--An individual or
agent designated by
the
Contractor to act on its behalf and with the
authority
to
legally
bind the Contractor
concerning
the terms and conditions set forth in S olicitation and Contract documents.
L
"I nspection"
--An examination of delivercd material, supplies, services, and/or
equipment
prior to Acceptance
aimed at
forming a judgment as to whether such delivered items
~re
what
was ordered, were properly
delivered and
ready
for
Acceptance. I nspection may
include a high
levelvisual examination 01 a more thorough
detailed examination as is
customaly
to the
type
of
purchase, as set forth in the solicitation document and/or as agreed between the
parties.
I nspection
shall be
acknowledged by an authorized
signature
of the WS LCB.
M. "I nvitation For Bids"
(I FB)
--The form utilized to solicit Bids in the formal, sealed Bid
procedure
and
any
amendments thereto issued in
writing by
the WS LCB.
S pecifications
and
qualifications are clearly
defined.
N. "Lead Time/After
Receipt
ofOr er (ARO)"
--The
period
of time between when the Contractor
receives the order and the WS LCB rcceives the
materials, supplies, equipment, or services
order.
O. "Order Document" --A written communication, submitted
by
the
.WS LCB
to the
Contractor,
which details the
specific
transactional elements
required by
the WS LCB within the
scope
of
this Contract such as delivery date, size, color,. capacity, etc. An Order Document
may include,
but i~ not limited to purchase orders, work order or other
writings as
may
be
designated by
the
parties
hereto. No additional 01 alternate terms and conditions on such written communication
CONTRACT NO. K430
Page
8 of 30
00006020
shall
apply
unless authorized
by
this Contract and
ex pressly agreed between the WSLCB and
the Contractor.
P.
"Proposal"
~~Awritten offer to
perform a Contract to
supply materials, supplies, services,
andlor
equipment
in
response
to a
Request
for
Proposal (RFP).
Q. "Request
for
Proposals (RFP)"
~-The form utilized to solicit
Proposals
in the formal, sealed
Bid
procedure
and
any
amendments thereto issued in
writing by
the WSLCB. The
specifications
and
qualification requirements are written in an outcome based form
allowing
for consideration of a broad
range
of different solutions to meet the
procurement
need.
R. "Subcontractor"
~~shall mean one not in the
employment
of the
Contractor,
who is
performing
all or part
of those services under this contract under a separate
contract with the Contractor.
I AU M I N I S FfiA.H ."E [ 8 l! 8 1 E N ~I { )N
.
When.lll..the.be:tt-itH ei e5t-{f-.tl lt.> .", ^ LSt; .E :~H j .{ :h .W~:::G H ..nray..al-ftI l) ..ti-me; .-ut1 tl--wi-th-e-nbO tlU st j iH :lspend
the.-G H H t1 (U ~-ftr-afl"Y i")(:)f. , :)a.t.beH . of..ff)f.ft per.iH d-.e{ ~ i lt)t-mtwe.-{ haa-thi\ ty"{ .; oJ ( " fll{ ; , lH hH -cltlJ li.t)eN "vel tt
by-v. fitten-ftQti-ee-i f> tn-t-he-(.; mtmef.-A.Aflt:inistfatof-ftH he.G -etl-tr-ue-tofq, ..Repfesentatfv.e..G entffi(, 4 0 f
-& hall resume perfsfffifI flee-fJ J j
the lie; ~ll; .ush.e:.1 s
6J
f ! lo\ , il1 b~iI \ --dny-(tf~ett:ttotH .~
earlier
feStlll? f, itien
J ate is
ff leeiPied
in the fl tie~:
Lus~en. eH . I fn~titm-dfl:k..~eettie4
.in-tbt H H } ti-o ..
ft1 us-pen~{ )f, , ; ..tbe" ; entfa-e{ -or.-eu-n..bf:} .deH landt d"I H U ll eE lI l ed..t-O "fes\ H -ne"rel < < lH H a-l I ~
withitt-tlte-thiTty~f} -)-d> > : t"fr\ tS~tliWd-by-the-G tJ t} { fnet..A:dm1 fli~tratt)fi)fO vtd.j ug--the
G oH tr-fre-t
~rfef.etti:6-~-r.itfl...wfltt-eit-flfrH ee-& kueh~
effiftut:! ., .
ADY AN eE PAY M E N TS PRO H I TE D
N o
payments
in advance of or in
anticipation
of
goods or services to be
provided
under tbis
contract shall be made
by
the WSLCB.
ADVE RTI SI N G
Contractor shall not publish or use
any
information
concel lling
this Contract in
any
format or
media for
advertising or publicity
without
prior
written consent
from.the
Contract Administrator.
ALTE RN ATlVl~DI SPU TE RE SO LU TI O N FE E S AN DCO STS
I n the event that the
parties engage
in
arbitration, mediation or
any
other alternative
dispute
resolution forum to resolve a dispute
in lieu of
litigation,
both
parties
shall share
equally
in the cost
of the alternative
dispute
resolution method, including cost of mediator or arbitrator. I n
addition,
each
party
shall be
responsible
for its own attol l1 eys
fees incurred as a result of the alternative
dispute
resolution method.
AM E N DM E N TS
This contract
may
be amended
by
mutual
agreement
of the
parties.
SlI ch amendments shall not be
binding
unless
they are in
writing
and
signed by personnel
authorized to bind each of the
parties.
AM E RI CAN S WI TH DI SA LI TI E S ACT
(ADA)
O F
1 990 ,
Pl! LI C LAW 1 0 1 .336, also
referred to as the
I I
ADA" 28 CFR Part 35
The ContractO l must
comply
with the ADA, which
provides comprehensive
civil
rights protection
to individuals with disabilities in lhe areas of
employment, public accommodations, state and local
government services, and telecommunications.
CO N TRACT N O . K4 30
Page
9 of 30
Kinser, Sara
Angel 21 1 4 /1 31 :4 6 PM
Com
I llent
[ 1 ]:
.
\ VSU
iSilot. ~omfortable a~cepiing
this clause. Would .lhe.~lI spensiol! be. disclosed to
WSU ? Wouldo\ VSU be n tilkd iria tirriely manner
.I hll! thesuspensiou was going to
liiipperi (1 0 days or
3"~j = t= -~tiCe)~_ ._ ._ _
00006021
ANTITRUST
The WSLCB maintains that,
in actual
p r actice, over char ges r esulting
fr om antitr ust violations ar e
bor ne
by
the WSLCB.
Ther efor e,
the Contr actor
her eby assigns to the WSLCB
any
and all of the
Contr actor s claims for slIch
p r ice fix ing Of over char ges which ar ise under feder al or state antitr ust
laws, r elating to the mater ials, sup p lies,
ser vices and/or
equip ment p ur chased
under this Contr act.
ASSIGNMENT
Neither this contr act, nor
any
claim
ar ising
under this
contr act, shall be tr ansfer r ed or assigned by
the Contr actor without
p r ior
wr itten consent of the WSLCB.
ASSURANCES
The WSLCB and the Contr actor
agr ee
that all
activity p ur suant
to this contr act will be in
accor dance with all the
ap p licable cur r ent feder al, state and local
laws, r ules,
and
r egulations.
ATTORNEYS FEES
In the event of
litigation or other action
br ought to enfor ce contr act
ter ms,
each
p ar ty agr ees
to bear
its own attor ney
fees and costs.
CHANGES
The WSLCB r eser ves the
r ight
to
modify
this Contr act
by
mutual
agr eement between the WSLCB
and the Contr actor , so long as such modification is
substantially
within the
scop e
of the
or iginal
Contr act.
Alter ations to
any
of the
ter ms, onditions, or r equir ements
of this Contr act shall
only
be effective
up on
wr itten issuance of a mutually agr eed
Contr act Amendment
by
the Contr act Administr ator .
COMMENCEMENT OF WORK
No wor k shall be
p er for med by
Contr actor until this Conlr act is ex .ecuted
by
the Contr actor and the
WSLCB and is r eceived
by
the Contr actor .
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The Contr actor shall not use or disclose
any
infor mation
conceming
the WSLCB, or infor mation
that
may
be classified as confidential, for
any p ur p ose
not
dir ectly
connected with the
administr ation of this
contr act, ex cep t
with
p r ior
wr itten consent of the
WSLCB, or as
may
be
r equir ed by
law.
CONFLICT
To the ex tent p ossible,
the ter ms of this Contr act shall be r ead
consistently.
CONFLICT OF INTEREST
Notwithstanding any
deter mination
by
the Ex ecutive Ethics Boar d 01 other tr ibunal, the WSLCB
may,
in its sole
discr etion, by
wr itten notice to the Contr actor telminate this contr act if it is found
after due notice and ex amination
by
the
Agent
that ther e is a violation of the Ethics in Public
Ser vice
Act, Chap ter
42.52 RCW; 01
any
similar statute involving
the Contr actor in lhe
p r ocur ement of, or p er for mance
under this contr act.
In the event this contr act is telminatcd as p r ovided above, the WSLCB shall be entitled to
p ur sue
the same r emedies
against
the Contr actor as it could
p ur sue
in the event of a br each of the contr act
by
the Contr actor . The
r ights
and r emedies of the WSLCB
p r ovided
for in this clause shall not be
ex clusive and ar e in addition to
any
other
r ights
and r emedies
p r ovided by
law. The ex istence of
CONTRACT NO. K430
Page
10 of 30
00006022
facts
upon
which the
Agent
makes
any
determination under this clause shall he an issue and
may
be
reviewed as provided
in the
"Disputes"
clause of this contract.
.
CONFORMITY
If
any provision
of this Contract violates
any
Federal or State of
Washington statute or rule of
law,
it is considered modified to conform to that statute or rule of law.
CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS
Any
written commitment
by
Contractor within the
scope
of this Contract shall be
binding upon
Contractor. Failure of Contractor to fulfill such a commitment
may
constitute breach and shall
render Contractor liable for
damages
under the terms of this Contract, For
purposes
of this 1 ? ection,
a commitment
by
Contractor includes:
( i) Prices, discounts, and
options
committed to remain in
force over a specified period
of time; and
( ii) any warranty
or representation
made
by
Contractor in
its
Response
or contained in
any
Contractor or manufacturer
publications,
written materials,
schedules, charts, diagrams, tables, descriptions,
other written
representations,
and
any
other
communication medium
accompanying or referred to in its
Response or used to effect the sale to
WSLCB.
COST OF REMEDY
~ ~ J ~ ~ ~ "! 1 ~ .fl:rj t:~ t:i:J t7 t:B:tAH ~ * ? f~ t5 "::i~ ~ ~ ljt~ ~ ~ Q t! S~ \ :W! } ~ ( t~ e.~ } ~ ~ ~ ~ n e.~ ~ :itl J > ::~ .~ J T.W:Y.i g.
o! - r- eplne n- g..nfly- .{ } r...aU .f) f- tht ..defeetwe..H later.inls- er- etll:1 .tt.H tlel} t..wH - ~ .be..ellttf- ge l- Rgttj .ns.H he
Glttl H e- tO l :
COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no
person
or selling agent
has been
employed or retained to solicit or
secure this contract
upon
an agreement or understanding
for a commission, percentage, brokerage
or contingent fee, excepting
bona fide
employees or bona fide established
agents
maintained
by
the
Contractor for
securing
business,
.
The WSLCB shall have the
right,
in the event of breach of this clause
by
the Contractor, to annul
this contract without
liability or,
in its
discretion, to deduct from the contract price or consideration
or recover
by
other means the full amount of such
commission, percentage, brokerage or
contingent
fee,
DETERMINATION OF STANDARD OF
Q U ALITY/CONSISTENCY OVER TERM OF
CONTRACT
If, in the sole
j udgment
of the WSLCB, any
item is detennined not to be an equal,
the WSLCB
may
take
any
or all of the
followi~ g
actions:
I. the
product may
be returned at Contractor s
expense;
2. the contract
may
be tenninated without
any liabilily
to the WSLCB
DISALLOWED COSTS
The Contractor is
responsible
for
any
audit
exceptions or disallowed costs incurred
by
its own
organization or that of its Subcontractors,
DISPU TES
Except as otherwise
provided
in this
contract,
when a dispute
arises between the
parties
and it
cannot be resolved
by
direct
negotiation,
either
party may request a dispute hearing
with
Agent.
1 . The
request
for a dispute hearing must:
CONTRACT NO. K430
Page
1 1 of 30
riin int
[2]: WSlIfs .not Comfortii.bl
p yirig
for defective materials or equipmcnt whichwas.riot
cmisedby U i"d ing.
,
.
. ."
00006023
Be in
writing;
State the
d is p \ l ted is s u e( s ) ;
State the rel ative
p os itions
of the
p arties ;
State the Contractors
name, ad d res s , and contract nu mber; and
Be mail ed to the
Agent
and the other
p artys ( res p ond ents )
Contract Ad minis trator within
three
( 3) working
cal end ar
d ays
after the
p arties agl ee
that
they cannot res ol ve the
d is p u te.
2, The
res p ond ent
s hal l s end a written ans wer to the
req u es ters
s tatement to both the
agent
and
the
req u es ter
within five
( 5) working
cal end ar
d ays .
3. The
Agent
s hal l review the written s tatements and
rep l y
in
writing to both
p arties
within ten
( 10) working d ays .
The
Agent may
extend this
p eriod if. neces s ary by notifying
the
p arties ;
4, The
p arties agree
that this
d is p u te p roces s
s hal l
p reced e any
action in a j u d icial or q u as i
j u d icial
tribu nal .
Nothing
in this contract s hal l be cons tru ed to l imit the
p arties
choice of a mu tu al l y accep tabl e
d is p u te
res ol u tion method in ad d ition to the
d is p u te
res ol u tion
p roced u re
ou tl ined above.
ENTIRE AGREEMENT
This Contract d ocu ment and al l
s u bs eq u entl y
is s u ed amend ments
comp ris e
the entire
agreement
between the WSLCB and the Contractor. No other s tatements or rep res entations ,
written or oral ,
s hal l be d eemed a
p art
of the Contract.
This Contract s ets forth the entire
agreement
between the
p arties
with
res p ect
to the
s u bj ect
matter
hereof and
excep t as p rovid ed
in the s ection titl ed Contractor
Commitments ,
Warranties and
Rep res entations , u nd ers tand ings , agreements , rep res entations , or warranties not contained in this
Contract or a written amend ment hereto s hal l not be
bind ing on either
p arl y, Excep t
as p rovid ed
herein, no al teration of
any
of the
terms , cond itions , d el ivery, p rice, q u al ity, or s p ecifications
of this
Contract wil l be effective withou t the written
cons ent of both
p arties ,
ESTABLISHED BUSINESS
Prior to commencing p erformance, or p rior to that time if
req u ired by
the WSLCB, l aw or
regu l ation,
Contractor mu s t be an es tabl is hed bu s ines s firm with al l
req u ired l icens es , fees ,
bond ing, facil ities , eq u ip ment
and trained
p ers onnel neces s ary
to meet al l
req u irements
and
p erform
the work as s p ecified
in the Sol icitation.
CO l l trac~ or
s hal l maintain
comp l iance
with thes e
req u irements throu ghou t
the entire term of this contract.
The WSLCB thc
right
to
req u ire receip t
of
p roof
of
comp l iance
with s aid
req u irements
within ten
( 10)
cal end ar
d ays
from the d ate of
req u es t,
and to terminate this Contract as a material breach for
noncomp l iance
with
any req u irement
of this
p aragrap h.
FO RCE MAJEURE
The term "force
maj eu re" means an occu rrence that cau s es a d el ay
that is
beyond
the conl rol of the
p arty affe,cted and cou l d not have been avoid ed
by exercis ing
reas onabl e
d il igence.
Force
maj eu re
s hal l incl u d e acts of God , war, riots , s trikes , fire, fl ood s , ep id emics , or other s imil ar occu rrences ,
Excep tions : Excep t
for
p ayment
of s u ms d u e, neither
p arty
s hal l be l iabl e to the other or d eemed in
breach u nd er this Contract if, and to the extent that, s u ch
p artys p erformance
ofthis Contract is
p revented by reas on of force
maj eu re,
CO NTRACT NO . K430 Page
12 of 30
00006024
Notification: If either
party
is
delayed by
force
majeure,
said
party
shall
provide
written
notification within
fortyweig ht (48)
hours. The notification shall
provide
evidence of the force
majeure to the satisfaction of the other
party.
Such
delay
shall cease as soon as practicable
and
written notification of same shall likewise be
provided.
So far as consistent with the
Rig hts
Reserved
below,
the time of
completion
shall be extended
by
Contract amendment for a period
of
time
equal to the time that the results or effects of such
delay prevented
the
delayed party
from
performing
in accordance with this Contract.
.
Rig hts
Reserved: The WSLCB reserves the
rig ht
to authorize an amendment to this
Contract,
tenninate the Contract, and/or
purchase materials, supplies, equipment
andlor services frol11 the
best available source during
the time of force
majeure,
and Contractor shall have no recourse
ag ainst
the WSLCB.
GIFTS AND GRATUITIES
Contractor shall
comply
with all state laws
reg arding g ifts and
g ratuities, including
but not limited
to: RCW
39.26.020, RCW 42.52.150, RCW
42.52.160, and RCW 42.52.170 under which it is
unlawful for
any person
to directly or indirectly offer, g ive or accept g ifts, g ratuities, loans, trips,
favors, special discounts, services, or anything
of economic value in
conjunction
with state
business or contract activities.
Under
g ,,WJ .2.,.f.9); EQ and the Ethics in Public Service
Law,..cJ H ! I~ ter
4
cd.7.....R. lY. state officers
and
employees are prohibited
from
receiving , accepting , taking or seeking g ifts (except as
permitted by
RCW
42.52.150)
if the officer or employee participates
in contractual matters
relating
to the
purchase
of
g oods or services.
GOVERNING LAW
This contract shall be construed and
interpreted
in accordance with the laws of the State of
Washing ton, and the venue of
any
action
broug ht
hereunder shall be in the
Superior
Court for
Thurston
County.
INCORPORATED DOCUMENTS
Each of the documents listed below is, by
this
reference, incorporated
into this Contract as thoug h
fully set forth herein.
1. WSLCB RFP K430 with all attachments and exhibits, and all amendments thereto
2. Contractors
response
to RFP K430 dated
date;
3, The terms and conditions contained on WSLCBs Order Documents, if
used; and
4. All Contractor or manufacturer
publications, written materials and schedules, charts, diag rams,
tables, descriptions,
other written
representations
and
any
other
supporting
materials Contractor
made available to WSLCB and used to affect the sale of the Product to the WSLCB.
INDEMNIFICATION
To the fullest extent
permitted by law, Contractor shall
indemnify, defend, and hold harmless the
WSLCB and all
officials, ag ents
and
employees
of the
WSLCB, fro111 and
ag ainst
all claims for
injuries or death
arising out of or resulting
[rom the
performance
of the contract "Claim," as used
in this
contract, means
any
financial loss, claim, suil, action, damag e, or
expense, including
but not
limited to
aUorneys fees, attributable for
bodily injury, sickness, disease, or death, or injury to or
destruction of
tang ible property including
loss of use resulting
there from.
Contractors
oblig ations
to
indemnify, defend, and hold harmless includes
ally
claim
by
Contractors
ag ents, employees, representatives, or
any
Subcontractor or its
employees.
CONTRACT NO. K430
Pag e
13 of 30
00006025
1 = o n t r a c t o r expr essly a gr ees
t o
in demn ify, defen d,
a n d ho ld ha r mless t he WSLCBfo r
a n y
c la im
a r isin g o ut o f o r in c iden t t o Co n t r a c t o r s o r
a n y
Subc o n t r a c t o r s
per fo r ma n c e o r fa ilur e t o pelfo r m
t he c o n t r a c t . Co n t r a c t o r s
o bliga t io n t o in demn ify, defen d, a n d ho ld ha r mless t he WSLCBsha ll
n o t be elimin a t ed o r r educ ed
by a n y
a c t ua l o r a lleged c o n c ur r en t n egligen c e
o fWSLCB01 it s
a gen t s, a gen c ies, emplo yees
a n d o ffic ia ls.
Co n t r a c t o r wa ives it s
immun it y
un der Tit le 51 RCWt o t he ext en t it is
r eq uir ed
t o
in demn ify,
defen d a n d ho ld ha r mless WSLCBa n d it s
a gen c ies, o ffic ia ls, a gen t s o r emplo yees.
IDENTIFICATION
All
in vo ic es, pa c kin g list s, pa c ka ges,
in st r uc t io n
ma n ua ls, c o r r espo n den c e, shippin g n o t ic es,
shippin g c o n t a in er s, a n d o t her wr it t en ma t er ia ls a sso c ia t ed wit h t his Co n t r a c t sha ll be iden t ified
by
t he Co n t r a c t n umber .
Pa c kin g
list s sha ll be en c lo sed wit h ea c h
shipmen t
a n d
c lea r ly iden t ify
a ll
c o n t en t s a n d
a n y
ba c ko r der s.
INDEPENDENT CAPACITYOFTHECONTRACTOR
The
pa r t ies
in t en d t ha t a n in depen den t
Co n t r a c t o r
r ela t io n ship
will be c r ea t ed
by
t his c o n t r a c t . The
Co n t r a c t o r a n d his o r her
emplo yees o r a gen t s per fo r min g
un der t his c o n t r a c t a r e n o t emplo yees o r
a gen t s
o f t he WSLCB. The Co n t r a c t o r will n o t ho ld himself/her self o ut a s o r c la im t o be mi o ffic er
01 emplo yee
o f t he WSLCBo r o f t he St a t e o f
Wa shin gt o n by r ea so n her eo f, n o r will t he Co n t r a c t o r
ma ke
a n y
c la im o f
r ight , pr ivilege o r ben efit t ha t wo uld a c c r ue t o suc h
emplo yee
un der la w.
Co n duc t a n d c o n t r o l o f t he wo r k will he
so lely
wit h t he Co n t r a c t o r .
INDUSTRIALINSURANCECOVERAGE
The Co n t r a c t o r sha ll
c o mply
wit h t he
pr o visio n s
o f Tit le 51 RCW, In dust r ia l In sur a n c e. If t he
Co n t r a c t o r fa ils t o pr o vide
in dust r ia l in sur a n c e
c o ver a ge
o r fa ils t o
pa y pr emiums o r pen a lt ies o n
beha lf o f it s
emplo yees, a s
ma y
be
r eq uir ed by la w, WSLCB
ma y
c o llec t fr o m t he Co n t r a c t o r t he
full a mo un t pa ya ble
t o t he In dust r ia l In sur a n c e a c c iden t fun d. The WSLCB
ma y
deduc t t he
a mo un t o wed
by
t he Co n t r a c t o r t o t he a c c iden t fun d fr o m t he a mo un t
pa ya ble
t o t he Co n t r a c t o r
by
t he WSLCBun der t his c o n t r a c t , a n d t r a n smit t he deduc t ed a mo un t t o t he
Depa r t men t
o f La bo r a n d
In dust r ies, (L&I)
Divisio n o f In sur a n c e Ser vic es. This
pr o visio n
do es n o t wa ive
a n y
o f L&ls
r ight s t o c o llec t fr o m t he Co n t r a c t o r ,
INSPECTIONANDREJECTION
The WSLCBs
in spec t io n
o f a ll ma t er ia ls, supplies
a n d
eq uipmen t upo n deliver y
is fo r t he
pur po se
o f
fo r min g a judgmen t a s t o whet her suc h deliver ed it ems a r e wha t wa s o r der ed, wer e pr o per ly
deliver ed a n d
r ea dy
fo r
Ac c ept a n c e.
Suc h
in spec t io n
sha ll n o t be c o n st r ued a s fin a l
a c c ept a n c e, o r
a s
a c c ept a n c e
o f t he
ma t er ia ls, supplies o r eq uipmen t ,
ift hc
ma t er ia ls, supplies o r eq uipmc n t
do es
n o t c o n fo r m t o c o n t r a c t ua l
r eq uir emen t s.
If t her e a r e
a n y a ppa r en t
defec t s in t he
ma t er ia ls,
supplies, o r eq uipmen t
a t t he t ime o f
deliver y,
t he WSLCBwill
pr o mpt ly n o t ify
t he Co n t r a c t o r .
Wit ho ut
limit in g a n y
o t her
r ight s,
t he WSLCB
ma y r eq uir e
t he Co n t r a c t o r t o : (I) r epa ir o r r epla c e,
a t Co n t r a c t o r s
expen se, a n y
01 a ll o f t he
da ma ged go o ds; (2)
r efun d t he
pr ic e
o f
a n y
o r a ll o f t he
da ma ged go o ds; o r (3) a c c ept
t he r et ur n o f
a n y
o r a ll o f t he
da ma ged go o ds.
INSURANCE
The Co n t r a c t o r sha ll
pr o vide
in sur a n c e
c o ver a ge
a s set o ut in t his sec t io n . The in t en t o f t he
r eq uir ed
in sur a n c e is t o
pr o t ec t
t he WSLCBsho uld t her c be
a n y c la ims, suit s, a c t io n s, c o st s,
da ma ges o r
expen ses a r isin g
fr o m
a n y n egligen t o r in t en t io n a l a c t o r o missio n o f t he Co n t r a c t o r o r
Subc o n t r a c t o r , o r a gen t s
o f
eit her , while
pc r fo r min g
un der t he t er ms o f t his c o n t r a c t .
CONTRACT NO. K430 Pa ge 1 4o f 30
..
.
\ ; c :::o mme,llt [3]:)VSV
c a n n o t illdemi
y,so
lhisiii
\ \
uipr efeiTed hin gua g .
\ ~ In se,r t e,d:
To
,Kln set , Sa r a
Al1 gel2f1 4/1 3 1 05 PM
I
.
. .

..
In ser t ed: Ihe r ullest ext en t per mit t ed 1 > y la w,
00006026
Contractor s h al l , at th eir own
expens e,
obtain and
keep
in force ins urance as fol l ows until
compl etion
of th e Contract. With in fifteen
(15)
cal endar
days
of
receipt
of notice of
award, th e
Contractor s h al l furnis h evidence in th e fonn of a certificate of ins urance
s atis factory to th e
WSLCB th at
ins urance,
in th e
fol l owing
kinds and minimum
amounts ,
h as been s ecured, Fail ure
to provide proof
of ins urance, as required, may
res ul t in Contract cancel l ation,
Contractor s h al l incl ude al l Subcontractors as ins ureds wIder al l
required
ins urance
pol icies , or
s h al l furnis h
s eparate
Certificates of Ins urance and endors ements for each Subcontractor,
Subcontractor(s ) mus t compl y ful l y
with al l ins urance
requirements
s tated h erein, Fail ure of
Subcontractor(s )
to
compl y
with ins urance
requirements
does not l imit Contractors
l iabil ity or
res pons ibil ity.
Al l ins urance
provided
in
compl iance
with th is Cootract s h al l be
primary as to
any
oth er ins urance
or s el f-ins urance
programs
afforded to or maintained
by
th e s tate,
Specific Requirements :
Empl oyers Liabil ity (Stop Gap):
Th e Contractor wil l at al l times
compl y
with al t
appl icabl e
workers
compens ation, occupational dis eas e,
and
occupational
h eal th and
s afety l aws , s tatutes ,
and
regul ations to th e ful l extent appl icabl e
and wil l maintain
Empl oyers Liabil ity ins urance with a
l imit of no l es s th an $1, 000, 000, 00. Th e WSLCB wil l not be h el d
res pons ibl e
in
any way
for
cl aims fil ed
by
th e Contractor or th eir
empl oyees
for s ervices
performed
under th e terms of th is
Contract.
Commercial Gerieral
Liabil ity
Ins urance: Th e Contractor s h al l at al l times
during
th e tenn of th is
Contract, carry
and maintain commercial
general l iabil ity
ins urance and if
neces s ary,
commercial
umbrel l a ins urance for
bodil y inj ury
and
property damage aris ing
out of s ervices
provided
under
th is Contl act. Th is ins urance s h al l cover s uch cl aims as
may
be caus ed
by any act, omis s ion, or
negl igence
of th e Contractor or its
officers , agents , repres entatives , as s igns , or s ervants .
Th e ins urance s h al l al s o cover bodil y inj ury, incl uding dis eas e, il l nes s and
death ,
and
property
damage aris ing out of th e Contractors
premis es / operations , independent Contractors ,
products / compl eted operations , pers onal inj ury
and
advertis ing inj U l ),
and contractual
l iabil ity
(incl uding
th e tort l iabil ity
of anoth er as s umed in a bus ines s
Contract),
and contain
s eparation
of
ins ureds
(cros s l iabil ity)
conditions .
Contractor waives al l
righ ts agains t
th e WSLCB for th e
recovery
of
damages
to th e extent th ey are
covered
by general l iabil ity or umbrel l a ins urance.
Th e l imits of
l iabil ity
ins urance s h al l not be l es s th an as fol l ows :
General
Aggregate
Limits
(oth er
th an
products "compl etcd $2, 000, 000
peratiol 1s )
Products -Compl eted Operations Aggregate
Pers onal and
Advertis ing Inj ury Aggregate
Each Occurrence
(appl ies to al l of th e
above)
Fire
Damage
Limit
(per occurrence)
Medical
Expens e
Limit
(anyone pers on)
$2, 000, 000
$1, 000, 000
$1, 000, 000
$ 50, 000
$ 5, 000
Bus ines s Auto
l )ol icy
(BAP): In th e event th at s ervices del ivered
purs uant
to th is Contract invol ve
th e us e of veh icl es , or th e
trans portation
of cl ients , automobil e
l iabil ity
ins urance s h al 1 be
required.
Th e
coverage provided
s h al l
protect agains t
cl aims for
bodil y inj ury, incl uding il l nes s , dis eas e, and
death ; and
property damage
caus ed
by an occurrence aris ing out of 01 in
cons equence
of th e
perfonnanee
of th is s ervice
by
th e
Contractor, Subcontractor, or
anyone empl oyed by
eith er.
CONTRACT NO. K430
Page
15 of 30
00006027
Contractor shall maintain business auto liability and, if
necessary ,
commercial umbrella
liability
insurance with a combined
sing le
limit not less than $1,000,000 per occurrence. The business auto
liability
shall include Hired
.and
Non~Owned
coverag e.
Contractor waives all
rig hts ag ainst
the WSLCB for the
recovery
of
damag es to the extent
they are
covered
by
business auto
liability or commercial umbrella
liability
insurance.
Additional Insurance Provisions: All above insurance
policies
shall include, but not be limited
to,
the
following provisions:
M d{ tfflil~! ! I! ! ~8 ! W~t~....W..S4 .CB. ~h~.! J b~ 11! \ 1,1.CJ ~I.~.~I\ ..l;.( ! .i.~.i.~.~.~.! ! .~~I.~lr~:~ f! fl. ~! .! g e..fI~I..f! :I.J i.~.bj .~
l:Ifft
rella, e leess. t:nE !
flrefJ ert)
inSUr!fl eiJ tlfie- ies.
All
) l
lieies sl- tllll se
! ]rimnr) S , er
an)
ether
va.lld" fln .( ) f} Ueel; Hb- le..iflSHl finee~
Notice
ofPolicy Cies)
Cancel1ation/Non~renewal: For insurers
subj ect to Ll~J I! L4 - ,lJ LR Y{
( Admitted
and
reg ulated by
the
Washing ton
State Insurance
Commissioner) a written notice shall
be
g iven to the Contract Administrator
forty ~five ( 4 5)
calendar
day s prior to cancellation or
any
material
chang e to the
policy ( ies) as it relates to this Contract. Written notice shall include the
affected Contract reference number.
Surplus Lines: For insurers
subj ect
to Chapter 4 8 .15 RCW
( Surplus Lines) a written notice shall be
g iven to the Contract Administrator
twenly ( 20)
calendar
day s prior to cancellation or
any
material
chang e to the
policy ( ies) as it relates to this Contract. Written notice shall include the affected
Contract reference number,
Cancellation for
Non- pay ment to Premium: If cancellation on
any policy
is due to
non~pay ment
of
premium, a written notice shall be
g iven
the Contract Administrator ten ( 10)
calendar
day s prior to
cancellation. Written notice shall include the affected Contract reference number.
Identification:
Policy ( ies)
and Certificates ofInsurance shall include the affected Contract
reference number.
Insurance Carrier
Rating :
The insurance
required
above shall be issued
by an insurance
company
authorized to do business within the State of
Washing ton. Insurance is to be
placed
with a carrier
that has a rating
of A~ Class VII or better in the most
recently published
edition of Best s
Reports.
Any exception must be reviewed and
approved by
the Risk
M anag er
for the State of
Washing ton,
by submitting a
copy
of the Contract and evidence of insurance before Contract commencement. If
an insurer is not admitted, all insurance
policies
and
procedures
for
issuing
the insurance
policies
must comply
with
Chapter
4 8 .15 RCW andChaDter
~J L4 :.15 WAC.
E xcess
Coverag e:
The limits of all insurance
required
to be
provided by
the Contractor shall be no
less than the minimum amounts specified. However, coverag e
in the amounts of these minimum
limits shall not be construed to relieve the Contractor from
liability
in excess of such limits,
Limit
Adj ustments:
The WSLCB reserves the
rig ht to increase or decrease limits as appropriate.
LE GAL NOTICE S
Any
notice or demand or other communication
required or permitted to be
g iven
under this
Contract or applicable
law
( except
notice of
malfunctioning E quipment)
shall be effective
only
if it
is in
writing
and
sig ned by
the
applicable party , properly addressed, and either delivered in
person,
or by a recog nized
courier service, or deposited
with the United States Postal Service as first~class
mail, postag e prepaid [ certified mail, return
receipt requested,
via facsimile or by
electronic
mail],
to the Contract Administrator
[ and
fax
numbers, e- mail
addresses] provided
in this Contract For
purposes
of
comply ing
with
any provision
in this Contract or applicable
law that
requires a
" writing ," .such communication, when
dig itally sig ned
with a Washing ton
State Licensed
CONTRACT NO. K4 30
Pag e 16 of 30
ikmS8 r, Sara
Ang el
2/14 113 1:52 PM
Comment [ 4 ]:.WSU is selfcinsuredthniug h tile
state ( RCW4 ,9; l et.Si:q} Ques[ ions integ ards 10
[ he self- iIlS
[ " 3nce: covcfllg eOc" an.be.diiected.tCi
the
.R
sk tvlanag ement and Insurance. web ~ite:
hUn:/! w" ,,,,.
wsu.edufriskniilriHg ciliciu/sr]f1nsPfCl! ! ra
iil.hini.
WSU caililoi riaiile additional insured s.
00006028
C e r t i f i c a t e , sha ll be c onsi de r e d t o be "i n
wr i t i ng" or "wr i t t e n" t o a n e xt e nt no le ss t ha n i f i t we r e i n
pa pe r
f or m.
Not i c e s sha ll be e f f e c t i ve
upon r e c e i pt or f our
(4)
Busi ne ss
Da ys
a f t e r
ma i li ng,
whi c he ve r i s e a r li e r .
The not i c e a ddr e ss a s pr ovi de d
he r e i n
ma y
be
c ha nge d by
wr i t t e n not i c e
gi ve n a s pr ovi de d
a bove .
In t he e ve nt t ha t a subpoe na or ot he r
le ga l pr oc e ss
c omme nc e d
by a t hi r d
pa r t y
i n
a ny wa y
c onc e r ni ng
t he
Equi pme nt or Se r vi c e s
pr ovi de d pur sua nt
t o t hi s C ont r a c t i s se r ve d
upon
C ont r a c t or
or WSLC B, suc h
pa r t y a gr e e s
t o not i f y
t he ot he r
pa r t y
i n t he most
e xpe di t i ous
f a shi on
possi ble
f ollowi ng r e c e i pt
of suc h
subpoe na or ot he r
le ga l pr oc e ss.
C ont r a c t or a nd WSLC B f ur t he r
a gr e e
t o
c oope r a t e
wi t h t he ot he r
pa r t y
i n
a ny
la wf ul e f f or t
by
t he ot he r
pa r t y
t o c ont e st t he
le ga l va li di t y
of
suc h
subpoe na or ot he r
le ga l pr oc e ss
c omme nc e d
by a t hi r d
pa r t y,
LIC ENSING,
AC C REDITATION AND REGISTRATION
The C ont r a c t or sha ll
c omply
wi t h a ll
a ppli c a ble loc a l, st a t e , a nd f e de r a l
li c e nsi ng,
a c c r e di t a t i on a nd
r e gi st r a t i on r e qui r e me nt s/ st a nda r ds, ne c e ssa r y
f or t he
pe r f or ma nc e
of t hi s c ont r a c t .
LIENS, C LAIMS AND ENC UMBRANC ES
All ma t e r i a ls, e qui pme nt , suppli e s
a nd/ or se r vi c e s sha ll be f r e e of a ll
li e ns, c la i ms, or
e nc umbr a nc e s of
a ny ki nd,
a nd i f t he WSLC B
r e que st s,
a f or ma l r e le a se of sa me sha ll be de li ve r e d.
LIMITATION OFAUTHORITY
Only
t he
Age nt or Age nt s de le ga t e by wr i t i ng (de le ga t i on t o be ma de
pr i or
t o
a c t i on)
sha ll ha ve
t he
e xpr e ss, i mpli e d, or
a ppa r e nt a ut hor i t y
t o a lt e r , a me nd, modi f y, or wa i ve
a ny
c la use or
c ondi t i on of t hi s c ont r a c t . Fur t he r mor e , a ny a lt e r a t i on, a me ndme nt , modi f i c a t i on, or wa i ve r or
a ny
c la use or c ondi t i on of t hi s c ont r a c t i s not e f f e c t i ve or bi ndi ng
unle ss ma de i n
wr i t i ng
a nd
si gne d by
bot h
pa r t i e s.
LIMITATION OFLIABILITY
The
pa r t i e s a gr e e
t ha t ne i t he r C ont r a c t or or t he WSLC B sha ll be li a ble t o e a c h ot he r , r e ga r dle ss
of
t he f or m of a c t i on,
f or
c onse que nt i a l, i nc i de nt a l, i ndi r e c t , or spe c i a l da ma ge s e xc e pt a c la i m r e la t e d
t o
bodi ly i nj ur y or de a t h, or a c la i m or de ma nd ba se d on pa t e nt , c opyr i ght , 01 ot he r i nt e lle c t ua l
pr ope r t y r i ght i nf r i nge me nt ,
i n whi c h c a se li a bi li t y
sha ll be a s se t f or t h e lse whe le i n t hi s C ont r a c t .
Thi s se c t i on doe s not modi f y a ny
se c t i ons
r e ga r di ng li qui da t e d da ma ge s or
a ny
ot he r c ondi t i ons a s
a r e e lse whe r e
a gr e e d
t o hc r e i n be t we e n t he
pa r t i e s,
The
da ma ge s spe c i f i e d
i n t he se c t i ons t i t le d
Te r mi na t i on f or De f a ult a nd Re t e nt i on of Re c or ds a r e not
c onse que nt i a l, i nc i de nt a l, i ndi r e c t , or
spe c i a l da ma ge s a s t ha t t e r m i s use d i n t hi s se c t i on.
Ne i t he r t he C ont r a c t or nor t he WSLC B sha ll be li a ble f or
da ma ge s a r i si ng
f r om c a use s be yond
t he
r e a sona ble c ont r ol a nd wi t hout t he f a ult or ne gli ge nc e
of t he C ont r a c t or or t he WSLC B. Suc h
c a use s
ma y i nc lude , but a r e not r e st r i c t e d
t o, a c t s of God or of t he
publi c e ne my,
a c t s of a
gove mme nla l body
ot he r t ha n t he WSLC B
a c t i ng
i n e i t he r i t s
sove r e i gn 01 c ont r a c t ua l
c a pa c i t y,
wa r , e xplosi ons, f i r e s, f loods, e a r t hqua ke s, e pi de mi c s, qua r a nt i ne r e st r i c t i ons, st r i ke s, f r c i ght
e mba r goe s,
a nd
unusua lly se ve r e we a t he r ; but i n
e ve r y
c a se t he
de la ys must be
be yond
t he
r e a sona ble c ont r ol a nd wi t hout f a ult or ne gli ge nc e
of t he
C ont r a c t or ,
t he WSLC B, or t he i r
r e spe c t i ve
Subc ont r a c t or s.
i f
de la ys
a r e c a use d
by a Subc ont r a c t or wi t hout i t s f a ult or ne gli ge nc e ,
C ont r a c t or sha ll not be
la ble f or
da ma ge s
f or suc h
de la ys,
unle ss t he Se r vi c e s t o be
pe r f or me d we r e obt a i na ble on
c ompa r a ble
t e r ms [r om ot he r sour c e s i n suf f i c i e nt t i me t o pe r mi t
C ont r a c t or t o me e t i t s
r e qui r e d
pe r f or ma nc e
sc he dule .
C ONTRAC T NO. K430 Pa ge 17 of 30
00006029
Neither
party
shall be liable for
personal inj u ry
to the other
party or damage to the other
partys
property except personal inj u ry or damage to
property proximately cau sed
by
su ch
partys
respective
fau lt or negligence.
LIQUIDATED DAMAGES
Any delay by
Contractor in
meeting
the
Delivery Date,
Installation
Date,
maintenance or repair
date, or other
applicable
date set forth u nder this Contract will interfere with the
proper
implementation
ofWSLCBs
programs
and will resu lt in loss and
damage
to WSLCB.
As it wou ld be
impracticable
to fix the actu al
damage
su stained in the event of
any
su ch
failu re( s)
to perform,
WSLCB and Contractor
agree
that in the event of
any
su ch
failu re( s)
to
perform,
the
amou nt of
damage
which will be su stained will be the amou nt set forth in the
following
su bsections
and the
parties agree
that Contractor shall
pay
su ch amou nts as liq u idated damages
and not as a
penalty.
Liq u idated damages provided
u nder the terms of this Contract are su bj ect to the same limitations as
provided
in the section titled Limitation of
Liability.
If Contractors maintenance
personnel
fail to arrive at WSLCBs site within
[ insert agreed u pon
time
period]
after notification
by
WSLCB that maintenance is
req u ired,
Conlractor shall
pay
to
WSLCB as fixed and
agreed liq u idated damages,
in lieu of all other
damages
du e to su ch non-
responsiveness,
for each hou r between the
agreed [ insert agreed u pon
time
period] response
time
and the actu al
response
time an amou nt of
[ ~
dollars
[ ( $_) ] per
hou r for each "late" hou r
or part
thereof
( prorated) beginning
with the time of notification
by
WSLCB and
ending
with the
lime that Contractors maintenance
p.ersonnel
arrive at the WSLCB Distribu tion Center.
MATERIALS AND WORKMANSHIP
The Contractor shall be
req u ired to fu rnish all
materials, su pplies, eq u ipment
and/or services
necessary
to perform
Contractu al
req u irements. Materials, su pplies
and
workmanship
u sed in the
constru ction of
eq u ipment
for this Contract shall conform to all
applicable federal, state, and local
codes, regu lations
and
req u irements
for su ch
eq u ipment, specifications
contained herein, and the
nonnalu ses for which intendcd. Materials, su pplies
and
eq u ipment
shall be manu factu red in
accordance with the best commercial
pmctices
and standards for this
type
of materials, su pplies,
and
eq u ipment.
MATERIAL BREACH
A Contractor
may
be Terminated for Cau se
by
the WSLCB, at the sole discretion of the Contract
Administrator, for
failing to perform a contractu al
req u irement or for a material breach of
any
term
or condition. Material breach of a term or condition of the Contract
may
inclu de bu t is not limited
lo~
1. Contractor failu re to
perform
services or deliver materials, su pplies, or eq u ipment by
the date
req u ired or by an alternate datc as mu tu ally agreed
in a written amendment to the Contract;
2. Contractor failu re to
carry
ou t
any warranty or fails to perform or comply
with
any mandatory
provision
of the
contract;
3. Contractor becomes insolvent or in an u nsou nd financial condition so as to endanger
performance hereu nder;
4. Contractor becomes the
su bj ect
of
any proceeding
u ndel
any
law
relating to bankru ptcy,
insolvency or reorganization, or relief from creditors and/or debtors that
endangers
the
Contractors
proper performance hereu nder;
CONTRACT NO. K430
Page
18 of 30
. .
.
. ~
Comme~t [ 5]: .Cillildweaddlarig agewhich
.snysihRtWSLCB
will
give the COJ\( ractornotice aiid
! 1wopporlu nily
io cortect the materiill breach before
th.ecolltr.ctis.lerilliJ\oted1
00006030
5.
Appointment
of
any receiver, trustee, or similar official for Contractor or
any
of the
Contractors
property
and such
appointment endangers
the Contractors
proper performance
hereunder;
6. A determination that the Contractor is in violation of federal, state, or local laws or regulations
and that such determination renders the Contractor unable to perform any aspect
of the
Contract.
NOADDITIONAL CHARGES
Unless otherwise
specifh:d
in the Solicitation no additional
charges by
the Contractor will be
allowed
including,
but not limited to:
handling charges
such as packing, wrapping, bags,
containers, reels; or the
processing
fees associated with the use of credit cards.
Notwithstanding
the
foregoing,
in the event that market
conditions, laws, regulations or other unforeseen factors
dictate, at the Contract Administrators sole discretion, additional
charges may
be allowed.
NONCOMPLIANCE WITH NONDISCRIMINATIONLAWS
In the event of the Contractors
non-compliance or refusal to
comply
with
any
nondiscrimination
law, regulation, or policy,
this contract
may
be rescinded, canceled or terminated in whole or in
part,
and the Contractor
may
be declared
ineligible
for further contracts with the WSLCB. The
Contractor shall, however,
be
given a reasonable time in which to cure this
noncompliance. Any
dispute may
be resolved in accordance with the
"Disputes" procedure
set forth herein.
NONDISCRIMINA TJON
During
the
performance
of this
contract,
the Contractor shall
comply
with all federal and state
nondiscrimination laws, regulations
and
policies.
NON-EXCLUSIVE REMEDIES
The remedies
provided
for in this Contract shall not be exclusive but are in addition to all other
remedies available under law.
OPPORTUNITY TOCURE
In the event that Contractor fails to
perform a contractual
requirement 01 materially
breaches
any
term or condition, the WSLCB
may
issue a written cure notice. The Contractor
may
have a period
of time in which to cure. The WSLCB is nol required
to allow the Contractor to cure defects if the
opportuility for cure is not feasible as determined
solely
within the discretion of the WSLCR Time
allowed for cme shall not diminish or eliminate Contractors
liability
for
liq~ l
dated or other
damages, or otherwise affects
any
other remedies available
against
Contractor under the Contract
or by
law.
If the breach remains after Contractor has been
provided
the
opportunity
to
cure,
the WSLCB
may
do
anyone
01 more of the
following:
I. Exercise
any remedy provided by law;
2. Terminate this Contract and
any
related Contracts or portions thereof;
3. Procure
replacements
and
impose damages as set forth elsewhere in this Contract;
4.
impose
actual or liquidated damages;
5.
Suspend or bar Contractor from
receiving
future Solicitations or other
opportunities;
6.
Require
Contractor to reimburse the state for
any
loss or additional
expense
incurred as a result
of default or failure to
satisfactorily perfonn
the terms of the Contract.
CONTRACT NO. K430
Page
19 of 30
00006031
OSHA AND WISHA
REQUIREMENTS
Contractor
agrees
to
comply
with conditions of the Federal
Occupational Safety
and Health
Administration
(OSHA) and,
if manufactured or stored in the State of
Washington,
the
Washington
Industrial
Safety
and Health Act
(WISHA)
and the standards and
reglilatiolls
issued there under, and
certifies that all items furnished and
purchased
will confonn to and
comply
with said laws, standards
and
regulations. r. 9 . D t. r? ~ t9 ! . fll~ ,t_ ! 1 ,etag. t: ~ . ~ ,~ . ~ 9 . _ . i. n. _ Q(: l lJ . fY _ ~ ! l_
_
gt4 . ha. n! l: I. ~ s~ N. : . ! - , ~ . . (~ 9 . ~ ! 1 . ! l: nQ. a_ Ql? g~ s
assessed
against
WSLCB as a result of Contractor s failure to
comply
with those laws, standards and
- . ;- .
regulations,
and for the failure of the items furnished under the Contract to so comply.
OVERPAY MENTS TO CONTRACTOR
Contractor shall refund to WSLCB the full amount of
any
erroneous payment or
overpayment
under
this Contract within
thirty (30) days
written notice. If Contractor fails to make
timely refund,
WSLCB
may c harge
Contractor one
percent (1 %) per
month 01 1 the amount due,
until
paid
in full.
OWNERSHIP/RIGHTS IN DATA
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fi. I- ms- ;. . t- Itpe~ . ~ - . tHtd/er" 3otllltl" re
f{ : )dtle
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art4- #te- tt
- i- Hty- t ftl- t9 fer- tlte5 e- righl. tlH all iflf6 rTilati fI " \ . le to
. i{ l- I m- u- l- tllQ- Stttlh- WiJ I k. . P. ro tH. . t. ,
l+- fuf- afty- reftSB- rr- tlte- wffk
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llJ 3pli
cahle
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l es- t. . . i- n" f\ fld. to" flU
fig- ht(t. . in. - the. . - Wod . . f. l. fQduet- . tl- nd. " flHY " fegifrt: fa- H(: )Il~ : Hu I- d. . eoP- Y fight. . appHeHti. on5 - " H! [ U. 1 ii lg- . thereto. - tmd. nily
r- enewukra- nd- e- x- tensi
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,,

Contractor shall execute all documents and
perform
such other
proper
acts as the WSLCB
may
deem
\ . .
necessary
to secure for WSLCB the
rights pursuant
to this section.
Contractor shall not use 01 in
any
manner disseminate
any
Work Product to
any
third
party,
or
represent
in
any way
Contractor
ownership
in
any
Work
llroduct, wilhout the
prior
written
permission
of the WSLCB. Contractor shall take all reasonab le
steps necessary
to ensure that its
agents, employees, 01 Sub contractors shall not
copy
or disclose, transmit or perform any
Work
Product 01
any portion thereof, in
any fonn, to
any third party.
Material that is delivered under this Contract, b ut that does not
originate
therefrom
(" Preexisting
Material" ),
shall b e transferred to the WSLCB wilh a nonexclusive, royalty- free,
irrevocab le license
to pub lish, translate, reproduce, detiver,perform, display,
and
dispose
of such
Preexisting Material,
and to authorizc othcrs to do so except
that such license shall b e limited to the extent to which
Contractor has a right
lo
grant
such a license. C ntl actor shall exert all reasonab le effort to advise the
WSLCB at the time of
delivery
of
Preexisting
Material furnished under this
Contract,
of all known or
potential infringements
of
pub licity, privacy or of intellectual
properly
contained therein and of
any
portion
of such document which was not produced
in the
performance
of this Contract. Contractor
agrees
to ob tain, at its own
expense, express
written consent of the
copyright
holder for the inclusion
of
Preexisting
Material. the WSLCB shall receive
prompt
written notice of each notice or claim of
copyright infringement or infringement
of other intellectual
property right
worldwide received
b y
Contractor r with
respect
to
any Preexisting
Material delivered under this Contract. The WSLCB
CONTRACT NO. K430
Page
20 of 30
Inserted: To the fullest extent allowed
b y law,
fKlnser, Sara Angel 21 1 4/1 3 1 5 9 PM
t. omm nt [ 6 ]: Tlisis\ VS. U s prererredRghts ili.
Data
lruiguage: . The
datB
generated b y
aWS
emploY ee
is
ailtomaiically assign d
to\ VsIJ
asa
" worksJ or hire" iuid
caluiot b e. ass giled tQ sponsor
in. the" same : mililner.
\
\
,
. 0
Inserted: Copyright in all material reated b y
Contractor llnd paid for b y WSLCB
Ktnser, Sara
Angel 2/1 4/1 31 . 33 PM
Inserted: aB part of this
agreement shall b e the
properly
of the State of Washington. Both WSLC
und Contmator
may
use ! llese lllRtel ials, and permit
others to use them, for
uny pnrpos consiBtent with
their
respective missions as agencies of the Stute of
Washington. This material includes, b ut is n< ,lt
limited to: b ooks, computer progmms,
dO llnenls,
films, pamphlets, reports, sound repwductiolls,
studies, surveys, tape~ , nnd/or training materials.
Materinl which Contra tor provides and uses to
pel" form this agreement b ut which is not crented for
or paid for b y WSLC shall b e owned
b y Contmctor
or such othcr
party M detennined
b y Copyright Lnw
and/or Contractor s internal
policies; however, for
nlly sll h moterials, COlltmctor b erb y grants (or, if
necessary and to the extent
reasonab ly possib le, shall
ob tain and grant) II perpetual, unrestricted, royalty
free, nOll- exclusive licens to WSLCB to \ lse the
. ! " Htcrial
for WSLCB intemnl
pllrposes.
00006032
shall have the
r i g ht to modi fy or r e nove
any
r estr i cti ve
mar ki ng s placed upon-the Pr eexi sti ng
Mater i al
by
Contr actor .
PERSONAL LIABILITY
It i s
ag r eed by
and betweenthe
par ti es
her eto that i nno event shall
any offi ci al, offi cer , employee or
ag ent
of the WSLCB when
executi ng
thei r offi ci al duti es i n
g ood fai th, be i n
any way per sonally
li able or r esponsi ble
for
any ag r eement
her ei ncontai ned whether
expr essed or i mpli ed, nor for
any
statement or r epr esentati on
made her ei nor i n
any
connecti onwi th thi s
ag r eement.
PRICE INCREASES
Contr actor
r equests
for
adjustments
i n
pr i ci ng
wi ll be
consJder ed at sole di scr eti onof the WSLCB
only
after
expi r ati on
of the fi r m and fi xed
pr i ce per i od,
and thenon a
pass thr oug h
basi s
only
that
does not
pr oduce a hi g her pr ofi t mar g i n
for Contr actor thanthat establi shed
by
the
qr i g i nal
contr act
pr i ci ng .
Contr actor s
may
not make extensi ons
conti ng ent on pr i ce adjustments.
Pr i ce fncr eases wi ll not be consi der ed wi thout
suppor ti ng documentati onsuffi ci ent to
justi fy
the
r equested
i ncr ease. Documentati onmust be based on publi shed
i ndi ces and/or the r esult of i ncr eases
at the manufactur er s level, i ncur r ed after contr act commencement date. The
g r ant
of
any pr i ce
adjustment wi ll be at the sole di scr eti onof the WSLCB and,
i f
g r anted,
shall not pr oduce a hi g her
pr ofi t mar g i n
for the Contr actor thanthat establi shed
by
the
or i g i nal contr act
pr i ci ng . Any
adjustments
i n
pr i ci ng
shall be set for th i na wr i ttenamendment to the contr act. Pr i ce
adjustments
g r anted by
the WSLCB shall r emai n
unchang ed
for at least 365 calendar
days ther eafter , and no
r equest
for
adjustments
i n
pr i ce
wi ll be consi der ed
dur i ng
that ti me
per i od.
PRICE PROTECTION
Contr actor war r ants that
pr i ces
of
mater i als, suppli es, ser vi ces, andlor
equi pment set for th her ei ndo
not exceed those
char g ed by
the Contr actor to
any
other customer pur chasi ng
the same under si mi lar
condi ti ons and i nli ke or si mi lar
quanti ti es.
PRIVACY
Per sonal i nfor mati on
i ncludi ng ,
but not li mi ted
to,
"Pr otected Health
Infor mati on, " collected, used, or
acqui r ed
i nconnecti onwi th thi s contr act shall be
pr otected ag ai nst
unauthor i zed
use, di sclosur e,
modi fi cati onor loss. Contr actor shall ensur e i ts di r ector s, offi cer s, employees,
Subcontr actor s or
ag ents use per sonal
i nfor mati on
solely
for the
pur poses
of
accompli shi ng
the ser vi ces set for th her ei n.
Contr actor and i ts Subcontr actor s
ag r ee
not to r elease, di vulg e, publi sh, tr ansfer ,
sell or other wi se
make known to unauthor i zed
per sons per sonal
i nfor mati onwi thout the
expr ess
wr i ttenconsent of the
WSLCB or as other wi se
r equi r ed by
law,
Any
br each of thi s
pr ovi si onmay
r esult i nter mi nati onof the contr act and the demand for r etur nof
all
per sonal
i nfonnati on.
Jhe Q I~ tr ! l: 9 .tQ tllg r ~ ~ _ st( .) i ll~ ~ t1 1 ! 1 .i .fY_ fll! ( I 9 ! 4 J~ .fI~ .Q 1 1 ess t~ ~ eWSLCB
for a~ y
damag es
r elated to the Contr actor s unauthor i zed use of
per sonal
i nfor mati on,
PROBLEM RESOLUTION AND DISPUTES
Pr oblems
ar i si ng out of the
per fonnance
of thi s Contr act shall be r esolved i na ti mely manner at the
lowest
possi ble
level wHh
author i ty
to r esolve such
pr oblem.
If a pr oblem per si sts
and cannot be
r esolved, i t
may
be escalated wi thi neach
or g ani zati on,
CONTRACT NO. K4 30
Pag e
21 of 30
~ ~ ~ ~ ~ ~ : .~ ..: ..! ~ _ ~ .: ..~ ~ I, ~ ~ J.~ , .~ .~ .~ , ~ : : ~ ~ ~ ~ ~ , ~ , ; t."b.Y..J.~ .~ ! ., ..
00006033
In the event a bona fide
dis p u te concerning a qu es tion
of fact aris es between the WSLCB and
Contractor and it cannot be res olved between the
p arties throu gh
the normal es calation
p roces s es ,
either
p arty may
initiate the
dis p u te
res olu tion
p rocedu re p rovided
herein.
The
initiating p arty
s haUredu ce its
des crip tion
of the
dis p u te
to
writing
and deliver it to the
res p onding p arty.
The
res p onding p arty
s hall
res p ond
in
writing
within three
(3)
Bu s ines s
Days .
The
initiating p arty
s hall have three
(3)
Bu s ines s
Days
to review the
res p ons e.
If after this review a
res olu tion cannot be reached, both
p arties
s hall have three
(3)
Bu s ines s
Days
to negotiate
in
good
faith to res olve the
dis p u te.
If the
dis p u te cannot be res olved after three
(3)
Bu s ines s
Days ,
a Dis p u te
Res olu tion Panel
may
be
requ es ted
in
writing by
either
p arty
who s hall als o
identify
the firs t
p anel
member. Within three
(3)
Bu s ines s
Days
of
receip t
of the
requ es t,
the other
p arty
will
des ignate a p anel
member. Thos e two
p anel
members will
ap p oint.a
third individu al to the
Dis p u te
Res olu tion Panel within the next three
(3)
Bu s ines s
Days .
The
Dis p u te
Res olu tion Panel will review the written
des crip tions
of the
dis p u te, gather
additional
information as needed, and render a decis ion on the
dis p u te
in the s hortes t
p ractical
time.
Each
p arty
s hall bear the cos t for its
p anel
member and s hare
equ ally
the cos t of the third
p anel
member.
Both
p arties agree
to be bou nd
by
the determination of the
Dis p u te
Res olu tion Panel.
Both
p arties agree
to exercis e
good
faith in
dis p u te
res olu tion and to s ettle
dis p u tes p rior to u s ing a
Dis p u te
Res olu tion Panel whenever
p os s ible.
The WSLCB and Contractor
agree tbat, the exis tence of a dis p u te notwiths tanding, they
will continu e
withou t
delay
to
carry
ou t all their
res p ective res p ons ibilities
u nder this Contract that are not affected
by
the
dis p u te.
If the
s u bject
of the
dis p u te
is the amou nt du e and
p ayable by
WSLCB for
materials , s u p p lies ,
s ervices andlor
equ ip ment being p rovided by Contractor, Contractor s hall continu e
p roviding
materials , s u p p lies ,
s ervices and/ or" equ ip ment p ending
res olu tion of the
dis p u te p rovided
the
WSLCB
p ays
Contractor the amou nt WSLCB.
in
good faith,
believes is du e and
p ayable,
and
p laces
in es crow the difference between s u ch amou nt and the amou nt Contractor, in
good faith, believes is
du e and
p ayable.
PUBLICITY
The Contractor
agrees
to s u bmit to the WSLCB all
advertis ing
and
p u blicity
matters
relating to this
contract wherein the WSLCB S name is mentioned 01 langu age
u s ed from which the connection of
the WSLCBS name
may,
in the WSLCBS
ju dgment,
be inferred or imp lied.
The Contractor
agrees
not to p u blis h or u s e s u ch
advertis ing
and
p u blicity matters withou t the
p rior
written cons ent ofthc
WSLCB,
UEcou ns MAINTENANCE
The Contractor s hall maintain books , records , docu ments , data and olher evidence
relating to this
contract and
p erformance
of the s ervices des cribed herein, inclu ding
bu t not limited to accou nting
p rocedu res
and
p ractices
that
s u fficiently
and
p rop erly
reflect all direct and indirect cos ts of
any
natu re
exp ended
in the
p erformance
of this contract.
Contractor s hall retain s u ch records for a p eriod
of s ix
(6) years following
the date of final
p ayment.
At no additional
cos t,
thes e
records , inclu ding
materials
generated
u nder the
contract, s hall be
s u bject
at all reas onable times to ins p ection, revjew or au dit
by
the
WSLCB, p ers onnel du ly
au thorized
by
CONTRACT NO, K430
Page
22 of 30
00006034
the WSLCB, the Office of the State Auditor, and federal and state officials so authorized
by law,
reg ulation or
ag reement.
Ifany litig ation,
claim or audit is started before the
ex p iration
of the six
(6) year p eriod,
the records
shaH be retained until all
Htig ation, claims, or audit
finding s involving
the records have been
resolved.

REGISTRATION WITH DEPARTMENT OF REVENUE


The Contractor shall
comp lete reg istration
with the
Washing ton
State
Dep artment
of Revenue and be
resp onsible
for
p ayment
of all tax es due on p ayments
made under this contract.
RETENTION OF RECORDS
The Contractor shall maintain all books, records, documents, data and other evidence
relating to this
Contract and the
p rovision
of materials, sup p lies,
services and/or
equip ment
described herein,
including ,
but not limited to, accounting p rocedures
and
p ractices
which
sufficiently
and
p rop erly
reflect all direct and indirect costs of
any
nature ex p ended
in the
p erformance
of this Contract.
Contractor shall retain such records for a p eriod
of six
(6) years following
the date of final
p ayment.
At no additional cost, these records, including
materials
g enerated
under the Contract, shall be
subject at all reasonable times to insp ection, review, or audit
by
the WSLCB, p ersonnel duly
authorized
by
the WSLCB, the
Washing ton
State Auditors Office, and federal and state officials so
authorized
by law, reg ulation 01ag reement.
If
any litig ation,
claim or audit is started before the
ex p iration
of the six
(6) year p eriod,
the records
shall be retained until final resolution of all
litig ation, claims, 01audit
finding s involving
the records.
RIGHT OF INSPECTION
The Contractor shall
p rovide rig ht
of access to its facilities to the WSLCB, or
any
of its officers, 01to
any
other authorized
ag ent or official of the state of
Washing ton or the federal
g overnment,
at all
reasonable times, in order to monitor and evaluate
p erformance, comp liance,
and/or
quality assurance
under this contract.
SEVERABILITY
The
p rovisions
of this contract are intended to be severable. If
any
term or p rovision
is
illeg al or
invalid for
any
reason whatsoever,
such
illeg ality or invalidity
shall not affect the
validity
of the
remainder of the conlract.
SITE SECURITY
While on WSLCB
p remises, Contractor, its
ag ents, emp loyees, or Subcontractors shall confOlIDin
alt
resp ects
with
p hysical,
fire or other
security p olicies or reg ulations.
STATEWIIlE VENDOR PAVMENT REGISTRATION
Conlractors are required to be
reg istered
in the Statewide Vendor
Payment system, p rior
to
submitting a request
for
p ayment
under this Contract.
The
Washing ton
State Office of Financial
Manag ement (OFM)
maintains a central Contractor
reg istration
file for
Washing ton
State ag encies
to
p rocess
Contractor
p ayments.
To obtain
reg istration
materials
g o to, http ://www.ofm.wa.g ov/isd/vendors.asp
the form has two
p arts;
Part I is the information
required to meet tbe above
reg istration
condition. Part 2 allows the
state to
p ay
invoices
electronically
wilh direct
dep osit
and is the slates most efficient method of
p ayment.
Contractor are encourag ed to sig n up
for this form of
p ayment.
CONTRACT NO. K430
Pag e
23 of 30
00006035
SUBCONTRACTING
Neither the Contractor nor
any
Subcontractor shall enter into subcontracts for
any
of the work
contemplated
under this contract without
obtaining prior
written
approval
of the WSLCB. In no
event shall the existence of the subcontract
operate
to release or reduce the
liability
of the
Contractor to the
Department
for
any
breach in the
performance
of the Contractors duties. This
clause does not include contracts of
employment
between the Contractor and
personnel assigned
to.
work under this contract.
Additionally,
the Contractor is
responsible
for
ensuring
that all
terms, conditions, assurances and
certifications set forth in this
agreement are carried forward to
any
subcontracts. Contractor and its
Subcontractors
agree
not to release, divulge, publish, transfer, sell or otherwise make known to
unauthorized
persons personal
information without the
express
written consent of the WSLCB or
as provided by
law.
SUPERVISION AND COORDINATION
Contractor shall:
1.
Competently
ahd
efficiently, supervise
and coordinate the
implementation
and
completion
of all Contract
requirements specified herein;
2.
Identify
the Contractors
Representative,
who will be the
principal point
of contact for the
WSLCB Contract Administrator
concerning
Contractors
performance
under this Contract.
3.
Immediately notify
the Contract Administrator in
writing
of
any change
of the
designated
Contractors
Representative assigned to this Contract; and
4. Violation of
any provision
of this
paragraph may
be considered a material breach
establishing grounds
for Contract termination.
S. Be bound
by
all written cOl11munications
given to or received from the Contractors
Representative.
SURVIVORSHIP
All transactions executed for Products and Services
provided pursuant
to the
authority
of this
Contract shall be bound
by
all of the
terms, conditions,
Prices and Price discounts set forth herein,
notwithstanding
the
expiration
of the initial term of this Contract or
any
extension thereof. Further,
the
ten11s,
conditions and warranties contained in this Contract that
by
their sense and context are
intended to survive the
completion
of the
performance,
cancellation or temlnation of this Contract
shall so sUlvivc. In addition,the terms of the sections titled
Overpayments
to
Contractorj
Ownership/Rights
in
Data;
Contractors
Commitments, Warranties and
Representations;
Confidentiality/Safeguarding Informationj Incorporation
of Documents; Order of
PlecedellCej Publicity;
Retention of
Records; Problem Resolution and
Disputes;
and
Lhnitatlon
ofL1abUity
shall survive the tenllination of this Contract.
TAXES,
FEES AND LICENSES
Taxes:
Where
required by
statute or regulation,
the Contractor shall
pay
for and maintain in current status
all taxes that are
necessary
for Contract
performance.
Unless otherwise indicated,
the WSLCB
agrees
to
pay
State of
Washington taxes on all
applicable materials, supplies,
services and/or
equipment purchased.
No
charge by
the Contractor shall be made for federal excise taxes and if
requested
the WSLCB
agrees
to furnish Contractor with an exemption
certificate where
appropriate.
CONTRACT NO. K430 Page
24 of 30
00006036
Collection of Retail Sales and Use Taxes:
In general,
Contractors
engaged
in retail sales activities within the State of
Washington are required
to collect and remit sales tax to
Department
of Revenue
(DOR).
In
general,
out-of-state
Contractors must collect and remit "use tax" to
Department
of Revenue if the
activity
carried on by
the seller in the State of
Washington
is
significantly
associated with Contractors
ability to
establish or maintain a market for its
products
in
Washington
State.
Examples
of such
activity
include where the Contractor either
directly or by an
agent
or other
representative:
1. Maintains an in-state office, distribution house, sales house, warehouse,
service
enterprise,
or
any
other in-state
place
of
business;
2. Maintains an in-state
inventOly or stock of
goods
for sale;
3.
Regularly
solicits orders from Purchasers located within the State of
Washington
via sales
representatives entering
the State of
Washington;
4. Sends other staff into the State of
Washington (e.g. product safety engineers, etc.) to
interact with Purchasers in an attempt
to establish or maintain
market(s); or
5. Other factors identified in WAC 458-20.
Department
of Revenue Registration
for Out-of-State Contractors:
Out-of-state Contractors
meeting any
of the above criteria must register
and establish an account
with the
Department
of Revenue. Refer to WAC 458-20-193,
and call the
Department
of Revenue
at 800-647-7706 for additional information. When out-of-state Contractors are not required to
collect and remit "use tax,"
the WSLCB will be
responsible
for
pay ing
this tax,
if
applicable,
directly
to the
Department
of Revenue.
Fees/Licenses:
After award of Contract, and
prior
to
commencing perfonnance
under the Contract, the Contractor
shall
pay
for and maintain in a current status
any licenses, fees, assessments, permit charges, etc.,
which are
necessary
for Contract
performance.
It is the Contractors sole
responsibility
to maintain
licenses and to monitor and determine
any changes or the enactment of
any subsequent regulations
for said fees, assessments, or charges
and to immediately comply
with said
changes or regulations
during
the entire term of this Contract.
Customs/Brokerage
Fees:
Contractor shall take all
necessary actions, including,
but not limited
to, pay ing
all
customs, duties,
brokerage,
and/or
import fees, to ensure that materials, supplies,
and/or
equipment purchased
under
the Contract are expedited through customs. Failure to do so
may subj ect
Contractor to
liquidated
damages as identified herein and/or to other remedies available
by
law or Contract. the WSLCB
willl10t incur additional costs related to Contractors
pay ment
of such fees.
Taxes on Invoice:
Contractor shall calculate and enter the
appropriate Washington
State and local sales tax on all
invoices, Tax is to be
computed on new items after deduction of
any
trade-in in accordance with
WAC 458-20-247.
TERMINATION BYMUTUAL AGREEMENT
The WSLCB and the Contractor
may
terminate this Contract in whole or in
part,
at
any time, by
mutual
agreement.
CONTRACT NO. K430 Page
25 of 30
00006037
TERMINATION FOR CAUSE
In the event the WSLCB determines the Contractor has failed to
comply
with
any
and/or all of the
conditions of this contract in a timely manner,
the WSLCB has the
rig ht to
suspend or terminate
this contract. Before
suspending or terminating
the
contract,
the WSLCB
may notify
the
Contractor in
writing
of the need to take corrective action. If corrective action is not taken within
thirty (30)
Calendar
Days,
the contract
may
be terminated or suspended.
In the event ofterminatiol1 Of suspension,
the Contractor shall be liable for
damag es as authorized
by
law
including ,
but not limited
to, any
cost difference between the
orig inal
contract and the
replacement or cover contract and all administrative costs directly
related to the
replacement
contract, e.g .,
cost of the
competitive bidding , mailing , advertising
and staff time.
The WSLCB reserves the
rig ht
to
suspend
all or
part
of the
contract, withhold further
payments, or
prohibit
the Contractor from
incurring
additional
oblig ations
of funds
during investig ation
of the
alleg ed compliance
breach and
pending
corrective action
by
the Contractor or a decision
by
the
WSLCB to terminate the contract. A termination shall be deemed a "Termination for
Convenience" if it is determined that the Contractor:
(1) was not in default; or (2)
failure to
perform was outside of his or her
control,
fault or neg lig ence,
The
rig hts
and remedies of the WSLCB
provided
in this contract are not exclusive and
are,
in
addition to
any
other
rig hts
and remedies, provided by
law.
TERMINATION FOR CONFLICT OF INTEREST
The WSLCB
may
terminate this Contract
by
written notice to Contractor ifit is determined, after due
notice and
examination,
that
any party
to this Contract has violated
Chapter
42.52 RCW, Ethics in
Public Service, or
any
other laws
reg arding
ethics in
public acq uisitions
and
procurement
and
performance
of contracts, In the event this Contract is so terminated,
the WSLCB shall be entitled to
pursue
the same remedies
ag ainst
Contractor as it could
pursue
in the event that the Contractor
breaches this Contract.
TERMINATION FOR CONVENIENCE
Except
as otherwise
provided
in this
contract,
the WSLCB
may, by
ten
(10)
calendar
days
written
notice, beg inning on the second
day
after the
mailing ,
terminate this
contract,
in whole or in
part.
If this contract is so terminated, the WSLCB shall be liable
only
for
payment req uired
under the
terms of this contract for services rendered 01 g oods
delivered
prior to the effective date of
tennination.
TERMINATION FOR NON-ALLOCATION OF FUNDS
If funds are not allocated to the WSLCB to continue this Contract in
any
future
period,
the WSLCB
may
terminate this Contract
by seven (7)
calendar
days
written notice to Contractor or work with
Contractor to arrive at a mutually acceptable
resolution of the situation. The WSLCB will not be
oblig ated to
pay any
further
charg es
for materials, supplies,
services and/or
eq uipment including
the net remaindel of
ag reed to consecutive
periodic payments remaining unpaid beyond
the end of
the then-current
period.
The WSLCB
ag rees
to notify
Contractor in
writing
of such non-allocation
at the earliest
possible
time.
No
penalty
shall accrue to the WSLCB in the event this section shall be exercised. This section
shall not be construed to
permit
the WSLCB to lcnninatc this Contract in order to acq uire
similar
materials, supplies,
services andJor
eq uipment
fro111 a third
party.
CONTRACT NO. K430
Pag e
26 of 30
00006038
TERMINATION FOR WITHDRAWAL OF AUTHORITY
In the event that the WSLCBs
au tho r i ty
to
per fo r m any
afi ts du ti es i s wi thdr awn, r edu ced, o r
li mi ted i n
any way
after the co mmencement o f thi s Co ntr act and
pr i o r to no r mal
co mpleti o n,
the
WSLCB
may
ter mi nate thi s
Co ntr act,
i n who le o r i n
par t, by seven (7)
calendar
day s
wr i tten
no ti ce to Co ntr acto r .
TERMINATION PROCEDURES
Upo n
ter mi nati o n o f thi s co ntr act, the WSLCB,
i n addi ti o n to
any
o ther
r i g hts pr o vi ded
i n thi s
co ntr act, may r equ i r e
the Co ntr acto r to deli ver to the WSLCB
any pr o per ty speci fi cally pr o du ced
01 acqu i r ed
fo r the
per fo r mance
o f su ch
par t
o f thi s co ntr act as has been ter mi nated. The
pr o vi si o ns
o f the "Tr eatment o f Assets"
.clau se
shall
apply
i n su ch
pr o per ty
tr ansfer .
The WSLCB shall
pay
to the Co ntr acto r the
ag r eed u po n pr i ce,
i f
separ ately stated, fo r
co mpleted
wo r k and ser vi ces
accepted by
the WSLCB, and the amo u nt ag r eed u po n by
the Co ntr acto r and the
WSLCB fo r
(i ) co mpleted
wo r k and ser vi ces fo r whi ch no separ ate pr i ce
i s stated, (i i ) par ti ally
co mpleted
wo r k and
ser vi ces, (i i i )
o ther
pr o per ty
o r ser vi ces that ar e accepted by
the WSLCB, and
(i v)
the
pr o tecti o n
and
pr eser vati o n
o f
pr o per ty ,
u nless the ter mi nati o n i s fo r defau lt, - i n whi ch case
the
Ag ent
shall detel1ni ne the extent o f the
li abi li ty
o f the WSLCB. Fai lu r e to
ag r ee
wi th su ch
deter mi nati o n shall be a di spu te
wi thi n the
meani ng
o f the
"Di spu tes"
clau se o f thi s co ntr act. The
WSLCB
may
wi thho ld fr o m
any
amo u nts dl!e the Co ntr acto r su ch su m as the
Ag ent
deter mi nes to
be
necessar y
to
pr o tect
the WSLCB
ag ai nst po tenti al
lo ss 01 li abi li ty ,
The
r i g hts
and r emedi es o f the WSLCB
pr o vi ded
i n thi s secti o n shall no t be exclu si ve and ar e i n
addi ti o n to , any
o ther
r i g hts
and r emedi es
pr o vi ded by
law o r u nder thi s co ntr act.
After
r ecei pt
o f a no ti ce o f
ter mi nati o n,
and
except
as o ther wi se di r ected
by
the
Ag ent,
the
Co ntr acto r shall:
I.
Sto p
wo r k u nder the co ntr act o n the date, and to the extent
speci fi ed,
i n the
no ti ce;
2. Place no fhr ther o r der s o r su bco ntr acts fo r
g o o ds, mater i als, ser vi ces, o r faci li ti es
except
as
may
be
necessar y
fo r
co mpleti o n
o f su ch
po r ti o n
o f the wo r k u nder the co ntr act that i s no t
ter mi nated;
3.
Assi g n
to the
WSLCB,
i n the
manner ,
at the
ti mes,
and to the extent di r ected
by
the
Ag ent,
all
o f the
r i g hts, ti tle, and i nter est o f the Co ntr acto r u nder the o r der s and su bco ntr acts so
tcnni nated,
i n whi ch case the WSLCB has the
r i g ht, at i ts di scr eti o n, to settle o r
pay any
o r all
clai ms
ar i si ng o u t o f the ter mi nati o n o f su ch o r dcr s and su bco ntr acts;
4. Settle all
o u tstandi ng
li abi li ti es and all clai ms
ar i si ng o u t o f su ch ter mi nati o n o f o r der s and
su bco ntr acts, wi th the
appr o val o r r ati fi cati o n o f the
Ag ent to the extent Ag ent may r equ i r e,
whi ch
appr o val o r r ati fi cati o n shall be fi nal fo r all the
pu r po ses
o f thi s clau se;
5. Tr ansfer ti tle to the WSLCB and deli ver i n the
manner ,
at the
ti mcs,
and to the extent di r ected
by
the
Ag ent any pr o per ty whi ch, i f the co ntr act had been
co mpleted,
wo u ld have been
r equ i r ed
to be fu r ni shed to the WSLCB;
6.
Co mplete per fOlmance
o f su ch
par t
o f the wo r k as shall no t have been ter mi nated
by
the
Ag ent;
and
7. Take su ch acti o n as
may
be
necessar y ,
o r as the
Ag ent may di r ect,
fo r the
pr o tecti o n
and
pr eser vati o n
o f the
pr o per ly
r elated to thi s
co ntr act, whi ch i s i n the
po ssessi o n
o f the Co ntr acto r
and i n whi ch the WSLCB has o r
may acqu i r e an i nter est.
CONTRACT NO. K430 Pag e
27 o f 30
00006039
TITLE TO PRODUCT
Upon Acceptance,
Contractor shall
convey
to the WSLCB
good
ti tle to the Product free and clear
of all
li ens, pledges, mortgages, encumbrances, or other
securi ty
i nterests.
TREATMENT OF ASSETS
A. Ti tle to all
property
furni shed
by
the WSLCB shall remai n i n the WSLCB. Ti tle to all
property
furni shed
by
the Contractor, for the cost of whi ch the Contractor i s enti tled to be rei mbursed as
a di rect i tem of cost under thi s contract, shall
pass
to and vest i n the WSLCB
upon deli very
of
such
property by
the Contractor. Ti tle to other
property,
the cost of whi ch i s rei mbursable to
the Contractor under thi s
contract,
shall
pass
to and vest i n the WSLCB
upon (i )
i ssuance for
use of such
property
i n the
performance
of thi s
contract, or (i i ) commencement of use of such
property
i n the
performance
of thi s
contract, or (i i i )
rei mbursement of the cost thereofby
the
WSLCB i n whole or i n
part,
whi chever fi rst occurs,
B.
Any property
of the WSLCB furni shed to the Contractor shall, unless otherwi se
provi ded
herei n 01 approved by
the
WSLCB,
be used
only
for the
performance
of thi s contract.
C, The Contractor shall be
responsi ble
for
any
loss 01 damage to
property
of the WSLCB whi ch
results from the
negli gence
of the Contractor whi ch results from the fai lure on the
part
of the
Contractor to mai ntai n and admi ni ster that
property
i n accordance wi th sound
management
practi ces.
D. If
any
WSLCB
property
i s
lost, destroyed or damaged,
the Contractor shall
i mmedi ately noti fy
the WSLCB and shall take all reasonable
steps
to
protect
the
property
from further
damage.
E. The Contractor shall surrender to the WSLCB all
property
of the WSLCB
pri or
to settlement
upOlf completi on,
termi nati on or
caf! cellati on
ofthi s contract
.
F. All reference to the Contractor under thi s clause shall also i nclude Contractors
employees,
agents or Subcontractors.
WAIVER
Fai lure or delay
of the WSLCB to i nsi st
upon
the stri ct
performance
of
any
term or condi ti on of the
Contract or to exerci se
any ri ght or rcmedy provi ded
i n the Contract or by law; or the WSLCBs
acceptance
of or payment
for materi als, suppli es,
servi ces and/or
equi pment,
shall not release the
Contractor from
any responsi bi li ti es or obli gati ons i mposed by
thi s Contract or by law, and shall
not be deemed a wai ver of
any ri ght
of the WSLCB to i nsi st
upon
the stri ct
perfonnance
of the
enti re
agreement by
the Contractor. In the event of
any
clai m for breach of Contract
agai nst
the
Contractor; no provi si on
of thi s Contract shall be construed, expressly or by i mpli cati on, as a
wai ver
by
the WSLCB of
any exi sti ng or future
ri ght
and/or
remedy
avai lable
by
law.
WARRANTIES
Contractor warrants that all materi als, suppli es,
servi ces and/or
equi pment provi ded
under thi s
Contract shall bc fi t for the
purpose(s)
for whi ch i ntended,
for
mcrchantabi li ty,
and shall conform
to the
requi rements
and
speci fi cati ons
herei n.
Acceptance
of
any materi als, suppli es,
servi ce
andlor
equi pment,
and
i nspecti on
i nci dental thereto, by
the WSLCB shall not alter or affect the
obli gati ons
of the Contractor or the
ri ghts
of the WSLCB,
WITHDRAWAL OF FUNDING
In the event fundi ng
from state, federal, or other sources i s wi thdrawn, reduced, or li mi ted i n
any way
after the effecti ve date oFthi s contract and
pri or to normal
completi on,
the WSLCB
may
termi nate
tl~ e contract under the "Termi nati on for Conveni ence" clause, wi lhout the
ten-day
noti ce
requi rement,
CONTRACT NO. K430
Page
28 of 30
00006040
subject to renegotiation
at the WSLCBS discretion under those newfunding
limitations and
conditions.
CONTRACT NO. K430 Page
290130
00006041
CONTRACT NO, K430
Exhibit B
WSLCBS
Request
for
Proposals
No. K430
Page
30 of 30
00006042
CONTRACT NO. K430
Exhibit C
Contractors
Proposal
Page
31 of 31
00006043
Norton,
Melissa K
From:
Posted At:
Conversation:
Terry
Schmidt
<terry@managementpro.com>
Monday, February 25,
2013 3:02 PM
WSLCB RFP K430 -
Rej ection
Notification
Subj ect:
Re: WSLCB RFP K430 -
Rej ection
Notification
Dear Mr.
Farley,
My
firm
ManagementPro.com
received a rej ection
notice for late submission of a responsive proposal
to RFP K-430 for
all four
categories.
Our team
spent significant
time and resources to
compile
the
necessary
materials. But due to last minute technical
difficulties with
uploading our
response,
our proposal
arrived at 2:13
pm
on
Friday, February
15.
The RFP K430 Submittal Document
provides
that the WSLCB
may rej ect
late
proposals,
but
certainly
does not
require
it. I
simply
write to ask that
you apply
that discretion to consider our
proposal, along
with
any
others
responding
to all four
categories
which
may
have arrived
shortly
after 2
pm.
This seems fair to all the firms which
may
also have had last
minute technical
difficulties,
and
provides
the LCB with a wider
range
of
proposals
to choose from as well.
Thank
you
for
your
time and consideration.
Respectfully,
Schmidt
From: K430
<1<430@liq.wa.gov>
Date:
Friday, February 22,
2013 3:25 PM
To:
Terry
Schmidt
<terry@managementpro.com>
Subj ect:
WSLCB RFP 1<430 -
Rej ection
Notification
1
00006044
Norton,
Melissa K
From:
Posted At:
Conversation:
Terry
Schmidt
<terry@managementpro.com>
Thursday, February 21,
2013 1:43 PM
RFP K-430 Submissions
Subject:
RFP K-430 Submissions
Dear Mr.
Farley,
My
firm
ManagementPro.com
has submitted a responsive proposal
to RFP K-430 for all four
categories.
Our team
spent significant
time and resources to
compile
the
necessary
materials,
and as Project Manager,
I took
responsibility
for
seeing
that the documents were properly
filed.
Due to last minute technical difficulties with
uploading our
response,
we are not certain if it arrived
just
before or
shortly
after 2
pm
on Friday, February
15.
The RFP K430 Submittal Document
provides
that the WSLCB
may reject late proposals,
but
certainly
does not
require
it.
I
simply
write to ask that
you apply
that discretion to consider our proposal, along
with
any
others
responding
to all four
categories
which
may
have arrived
shortly
after 2
pm.
This seems fair to all the firms which
may
also have had last
minute technical
difficulties,
and
provides
the LCB with a wider
rangeof proposals
to choose from as well.
Thank
you
for
your
time and consideration.
Respectfully,
Terry
Schmidt
Founder of
ManagementPro.com
MP
MANAt;I M.E:1ill1.O
10758
Country
Club Lane S.
Seattle WA 98168
Ph 206-433-0700
1
00006045
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Frid ay , February 22,
2013 3:25 PM
Terry
Schmid t
(terry @managementpro.com)
WSLCB RFP K430 -
Rejection
Notification
K430_Rejection Letter_ManagementPro.pd f
Good
Afternoon,
Thank
y ou
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accord ance with the attached
letter,
the WSLCB must
reject y our response.
Thank
y ou
for
y our
interest in
d oing
business with the
Washington
State
Liquor
Control Board . Please feel free to contact
me if
y ou
have
any questions or need ad d itional information.
Thank
y ou,
John
Farley
Procurement Coord inator
K430@lig.wa.gov
1
00006046
Norton.
Melissa K
From:
Sent:
To:
Subject:
K430
Thursday, February 28,
2013 8:34 AM
Terry
Schmidt
RE: WSLCB RFP K430
-
Rejection
Notification
Response
Terry
The WSLCB
acknowledges
that
preparing
a detailed RFP
response
is a laborious effort.
However, as the
rejection
lelter
stated,
the WAC that
governs
bid submiltals does not allow for deviations of the
response
due
date and time.
Unfortunately,
there is no recourse for
your
firm.
The WSLCB would like to thank
you
for
being
interested in this
procurement process.
Sincerely;
John
Farley
Contracts and
Support
Services
360.664.4526
jsf@liq.wa.gov
From:
Terry
Schmidt
rmailto:terry@managementpro.com]
Posted At:
Monday, February 25,
2013 3:02 PM
Posted To: K430
Conversation: WSLCB RFP K430
-
Rejection
Notification
Subject:
Re: WSLCB RFP K430 -
Rejection
Notification
Dear Mr.
Farley,
My
firm
ManagementPro.com
received a rejection
notice for late submission of a responsive proposal
to RFP K-430 for
all four
categories.
Our team
spent significant
time and resources to
compile
the
necessary
materials. But due to last minute technical
difficulties with
uploading our
response,
our
proposal
arrived at 2:13
pm
on
Friday, February
15.
The RFP K430 Submittal Document
provides
that the WSLCB
may reject
late
proposals,
but
certainly
does not
require
it. I
simply
write to ask that
you apply
that discretion to consider our proposal, along
with
any
others
responding
to all four
.
categories
which
may
have arrived
shortly
after 2
pm.
This seems fair to all the firms which
may
also have had last
minute technical
difficulties,
and
provides
the LCB with a wider
range
of
proposals
to choose from as well.
Thank
you
for
your
time and consideration.
Respectfully,
_ T~ rry ?c~ midt
From: K430
<K430@liq.wa.gov>
Date:
Friday, February 22,
2013 3:25 PM
To:
Terry
Schmidt
<terry@managementpro.com>
Subject:
WSLCB RFP K430 -
Rejection
Notification
1
00006047
Washington
State
Liquor
Control Board
Febmary 22,2013
Terry
Schmidt
ManagementPro.com
10758
Country
Club Lane South
Seattle,
WA98168
Subject: Rejection
of
Responsc
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430, Initiative 502
Consulting
Services
Deal
Terry Schmidt,
This letter is to inform
you
that
ManagcmentPro.coms response
to
Request
for
Proposals (RFP)
K430
has been
rejected
because it was not received before the
required
due date and time.
Statewide
contracting policy promotes open
and effective
competition
and the
equal treatment of all
proposers by firmly mandating
that the
acceptance
oflate
proposals
is
prohibited.
In accordance with
Washington
Administrative Code
(WAC)
200.300-025:
"...AIl bids must be received in the
office of
the
purchasing activity by
the date and time
specified
in the document or addenda. No deviations will be allowed...
"
Responses
to RFP K430 were due on 01 before 2:00
p.m.
on
February. 15,
2013. As
pattially
stated in
Amendment 2 to RFP K430:
"Complete Proposals
must be received
electronically on or
before February 15.J013
I 2:00PM
(PTJ...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
proposal
is submitted on time. The WSLCB received
ManagementPro.coms proposal
in the
Icbbids@liq.wa.gov
inbox on
February 15, 2013 at 2: 13
p.m. (PT). ManagcmentPro.com
failed to submit their
proposal on
time and is thus deemed
non-responsive
and
rejected
from further
participation
in RFP K430.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control BOaId. If
you
have
any questions, please
feel free to contact me
by phone
at
(360)
664.4526 01 cmail at
jsf@Jiq.wa.gov.
cc: K430 Contract me
PO Box
43090,
3000 Pacific Ave.
SE, Olympia
WA
98504, (360) 664-1600, www.liq.wa.gov
00006048
Norton.
Melissa K
From:
Posted At:
Conversation:
mackinmatt@comcast.net
Wednesday, February 13,
2013 9:15 PM
forward
please
Subject:
forward
please
PLEASE TAKE IN TO CONSIDERATION 1M ON 551 WITH A 10
grade
ed. & GED is a timed test and kids can still
drop
out! and Im a little slow and not that social but none the less I work hard! and would like to return back
to
work,
Im
wanting
to contribute to
positive society
as a whole, but it has to start some where! Im all for
helping
the
implementing
of 1- 502 terms at the state levels wanted
by police
&
policies,
and the voters.
THANK YOU! Matt McClanahan also to tell
you
this
job threatings my
life
by my willingness
to
accept
the 1-
502
job proposal so I v submitted in
writing
here! to
help
better the state. email back
please
if some
thing
is
still
wrong?
From: mackinmatt@comcast.net
Sent:
Wednesday, February 13,
2013 6:51 AM
To:
McCall,
Karen J
Subject:
ATTN:
Washington
State
Liquor
Control Board-The
purpose
of this Contract is to enter into an
agreement
for
Initiative 502
(1-502) Consulting Services!
Contract Number K430
For
Initiative 502
Consulting
Services
Between the
Washington
State
Liquor
Control Board
and
(Contractor)
This Contract is made and entered into
by
and between the
Washington
State
Liquor
Control
Board,
hereinafter referred to
as the "WSLC
",
and the below named
Company,
hereinafter referred to as "Contractor",
for the
purpose
of
providing
Initiative 502
Consulting
Services.
(Contractor name)Matt
McClanahan MEDICAL MARIJUANA IS NOT TO E SEEN Y PULIC ON
FOXSNEWS)
(Contractor
authorized
reprcsentative)mcbc
(address)5914 ne 41st Ave.
(city,
state
zip)Vancouver
Phone: # 360-828.-7295
Email: macJdnmattCiil,conicast.net
Federal TIN: N/a
WA State UBI Number: N/A
PURPOSE
The
purpose
of this Contract is to enter into an
agreement
for Initiative 502
(I-502) Consulting Services,
to assist the
WSLCB with the
implementation
of the
requirements
ofI-502.
SCOPE OF WORK
Exhibit
A,
attached hereto and
incorporated by reference,
contains the General Terms and Conditions
governing
the
goods
to be
provided
and services to be
performed
under this
contract,
the nature of the
worldng relationship
between the
WSLCB and the
Contractor,
and
specific obligations
of both
parties.
1
00006049
The Contractor will
provide goods, services,
and
staf f ,
and otherwise do all
things necessary
f or or incidental to the
perf ormance
of
work, as included in the WSLCBS
Request
f or
Proposals
No.
K430,
attached as Exhibit
B,
and the
Contractors
proposal dated,
attached as Exhibit C.
The Contractor shall:
"Provide
Consulting
Services to the WSLCB
(MEDICAL
MARImANA IS NOT TO BE SEEN BY PUBLIC ON FOXS
NEWS)
"
which shall assist the
agency
with the
implementation
of I-S02
requirements including,
but not limited
to,
the
f ollowing Categories
of
expertise:
~
Category
1: Product and
Industry Knowledge
Contractor shall be a
product expert
and have
expert knowledge, including
but not
limited,
to the
f ollowing:
a. How
Marijuana
is
grown, cultivated, harvested, cured,
and
processed
b. How
Marijuana
is inf used into f ood and
beverages
c. How
Marijuana
should be
packaged, labeled, transported,
and sold at retail level
d. How wholesale and retail
product
should be recalled and accounted f or
e. How
Marijuana
should be
destroyed
if over produced, contaminated, or recalled
Category
1 Deliverables:
Contractor shall
provide
the
f ollowing:
I. Minimum standards
relating
to the
growth, harvesting, transporting
and sale of useable recreational
Marijuana
2. Minimum standards f or Product
saf ety relating
to the inf usion of
Marijuana
or
Marijuana byproducts
in
f ood,
beverage, lotions,
ointments or other Products to be sold in retail locations
3. Minimum standards f or the
tracking
and reconciliation of Product
grown, sold,
and/or
destroyed
~
Category
2: Product
Quality
Standards and
Testing
Contractor shall:
a. Have
expert knowledge
of the inf rastructure
required
to test
Marijuana
to ensure the
f ollowing:
. Product
quality, content,
and
ingredients
. Consumer
saf ety
b. Assist the WSLCB with
establishing quality
standards f or
testing
c. Assist the WSLCB with
establishing
and
implementing Industry testing
standards and
practices
d. Be
knowledgeable on methods to
saf ely process product
Category
2 Deliverables:
Contractor shall
provide
the
f ollowing:
1. Minimum standards allowed f or
testing
and
conf irming
Product
saf ety
f rom contaminants
2.
Testing
standards f or Product
testing
of THC/CBD levels and ratios f or Product of f ered
3.
Labeling
standards needed to meet the
requirements as def ined
by
law
~
Category
3: Prodnct
Usage
and
Consumption
Validation
Contractor shall:
a. Have the
expertise
to estimate
product usage
and
consumption
levels
by geographic areas in
Washington
State.
Category
3 Deliverables:
Contractor shall
provide
the
f ollowing:
I. A
report detailing recreational,
medical and total
Marijuana use in
Washington State, by county
2. A
projected
volume of
Marijuana
needed on an mmual basis to
satisf y demand,
and establish
plmlt yield
and
growth
volume
assumptions
needed to
keep pricing
at or below black market levels
~
Category
4: Product
Regulation
Contractor shall:
a. Have a
strong understanding
of
State,
local or Federal
government processes
and
procedures
b. Assist the WSLCB in
craf ting Marijuana system regulations.
Category
4 Deliverables:
Contractor shall:
1. Conduct stakeholder f ocus
groups
f or discussion mld determination of best
practice relating
to the
growth,
harvesting, distribution, product
inf usion mld sale of useable recreational
Marijuana
2. Provide written
independent
third
party assumptions,
recommendations and
oversight f ollowing guidelines
established
by
the
open government
act
General
Requirements:
2
00006050
Contractor will work in
conjunction
with the WSLCB
proj
ect
manager
and
any
other identified WSLCB
personnel
to
ensure that the services are provided
in accordance with
industry
standards and best
practices.
PERIOD OF PERFORMANCE
The
period
of
performance
under this contract shall be for two
(2) years
from the date of
execution,
with the
option
to
extend for additional terms or
portions
thereof.
COMPENSATION
Total comoensation for services rendered shall be as follows:
I Item Descrintion Price
[ Total N/ A AT THIS TIME
nogotiable
MICELLANEOUS EXPENSES
The WSLCB
may
reimburse Contractor for travel and related
expenses
as identified in this
Contract, or as authorized in
writing,
in advance
by
the WSLCB in accordance with the current rules and
regulations
set forth in the
Washington
State
Administrative and
Accounting
Manual
(http://www. ofm. wa. gov/policy/default. asp),
and not to exceed
expenses actually
incurred. No
payment
of travel
expenses
will be made to Contractor for routine travel to and from the WSLCB s location.
Contractor
may
be
required
to
provide a detailed itemization of
expenses, including description,
amounts and
dates,
and
receipts
for amounts of
fifty
dollars
($50) or more when
requesting
reimbursement.
BILLING PROCEDURES AND PAYMENT
The WSLCB will
pay
Contractor
upon acceptance
of
goods
andlor services
provided
and
receipt
of
properly completed
invoices,
which should be submitted
electronically
to:
HQSupply@liq. wa. gov.
If Contractor is unable to submit invoices
electronically,
invoices
may
be submitted
by
mail to:
Washington
State
Liquor
Control Board
Attn:
Support
Services
PO Box 43090
Olympia,
W A 98504
Each invoice shall be identified with the
following
items:
. State INVOICE
.
Identify
the invoice number and date
. Be identified
by
Contract Number K430
.
Identify
Contractor s Statewide Vendor
registration
number
assigned by Washington
State Office of Financial
Management (OFM)
. Be in U. S. dollars
.
Identify
the all
applicable prompt payment
discount andlor volume
discount(s)
.
Identify payee
name and address in
compliance
with U. S. Postal
regulations
. Describe and
document, to the WSLCB S
satisfaction, a description
of the
goods provided
and/or work
performed,
including
dates
. Be
accompanied by documentation that confirms that services were
performed or
products were received
The WSLCB
may,
in its sole
discretion,
terminate the contract or withhold
payments
claimed
by
the Contractor for
goods
andlor services rendered ifthe Contractor fails to
satisfactorily comply
with
any
term or condition of this contract.
No
payments
in advance or in
anticipation
of services or
supplies
to be
provided
under this contract shall be made
by
the
WSLCB.
Payment
shall be considered
timely
if made
by
the WSLCB within
thirty (30)
calendar
days
after
receipt
of
properly
completed
invoices.
Payment
shall be sent to the address
designated by
the Contractor.
Payment
for
materials, supplies
and/or
equipment
received and for services rendered shall be made
by
WSLCB and be
redeemable in U. S. dollars.
Any
bank or transaction fees or similar costs associated with
currency exchange procedures
or
the use of
purchasing/credit
cards shall be
fully
assumed
by
the Contractor.
3
00006051
In the event that the Contractor
overcharges
the
WSLCB,
checks shall be mailed with the hard
copy
credit memos PO
BOX 43085
Olympia
W A 98504.
CONTRACT ADMINISTRATION
All authorized communication
regarding
this contract shall occur between the Contractors AuthOlized
Representative
or
designee
and the WSLCB Contract Administrator or
designee.
Contractors Authorized
Representative
WSLCB Contract Administrator
Contractors Authorized
Representative
Name
Enter Name of CONTRACTOR
Washington
State
Liquor
Control Board
Enter CONTRACTOR Address PO Box 43090
Enter
City,
State &
Zip
Code
Olympia,
WA 98504
Phone:
()
Phone:
(360)
664-
Email address: Email address: Enter Email
ORDER OF PRECEDENCE
Each of the exhibits listed below is
hereby incorporated
into this contract. In the event of an
inconsistency
in this
contract,
the
inconsistency
shall be resolved
by giving precedence
in the
following
order:
1.
Applicable
federal and state of
Washington
statutes and
regnlations
2.
Special
terms and conditions as contained in this basic contract instrument
3. Exhibit A -
General Tenus and Conditions
4. Exhibit B -
Request
for
Proposals
No. K430
5. Exhibit C - Contractors
Proposal
dated
6.
Any
other
provision,
term or material
incorporated
herein
by
reference or otherwise
incorporated
APPROVAL
The
signatories
to this Contract
represent
that
they
have the
authority
to bind their
respective organizati
ns to this
Contract.
In Witness
Whereof,
the
parties hereto, having
read this Contract in its
entirety, including
all
attachments,
do
agree
in
each and
every particular
and have thus set their hands hereunto.
For Contractor:
Project Manager
for WSLCB:
(Contractor
Authorized
Representative Signature) (Date) (Signature) (Date)
Washington
State
Liquor
Control Board
3000 Pacific Ave SE
Contractor Name Matthew McClanahan
A"encv Name
Olympia,
WA 98504
Print Name Matthew McClanahan
Print Name
Telenhone No. #360-828-7295 Telenhone No.
Email mackinmattfnlcomcast.net Emall
Authorizing
WSLCB Contract
Manager Approval
Print Name Date
Signature
Email
Phone
4
00006052
EXHIBIT A-
GENERAL TERMS AND CONDITIONS
DEF INITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ACCEP TANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ADMINISTRATIVE SUSP ENSION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
ADVANCE P AYMENTS P ROHIBITED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ADVERTISING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ALTERNATIVE DISP UTE RESOLUTION F EES AND COSTS. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
AMERICANS WITH DISABILITIES ACT CADA) OF 19 9 0. P UBLIC LAW 10 I :336, ALSO REF ERRED TO AS THE "ADA" 28 CF R
P ART 35 . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ANTITK l J ST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ASl l IQN1;1):l NI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
AS. SURA:t[ El l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ATIQl l l iJ ;;YS F J ;;ES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
f [ANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
COMMENCEMENT
OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF IDENTIALITY/SAF EGUARDING OF INF ORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF LICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF LICT OF INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ONF ORl y[!TY: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 11
QNI:RACTQR COMMITMENTS,
WARRANTIES AND
REP RESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
II
COST OF REMEDy. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
II
COVENANT AGAINST CONTINGENT F EES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 11
DETERMINATION OF STANDARD OF OUALITY/CONSISTENCY OVER TERM OF CONTRACT I I
DISALLOWED COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
DISP UTES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
EOUIP MENT DEMONSTRATION COMP LIANCE INSP ECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ESTABLISHED BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
F ORCE MAJ EURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
GIF TS AND GRATUITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
GOVERNING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
INCORP ORATED DOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
INDEMNIF ICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
IDENTIF ICATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 14
INDEP ENDENT CAP ACITY OF THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INDUSTRIAL INSURANCE COVERAGE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 14
INSP ECTION AND REJ ECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
INSURANCE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . 15
J GA1. N TICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LICENSING,
ACCREDITATION AND REGISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIENS, CLAIMS AND ENCUMBRANCES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 17
LIMITATION OF AUTHORITY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIMn:ATION
OF
Ll t\El Il XIY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
LIQUIDATED
DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
MATERIALS AND WORK MANSHU
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 18
MATERIAL BREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NO ADDITIONAL CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NONCOMP LIANCE WITH NONDISCRIMINATION LAWS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NONDISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NON-EXCLUSIVE REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
OP P ORTUNITY TO CURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ORDR F ULF ILLMENT
REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
OSHA AND
WISHAREQUIREMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
OVERP AYMENTS TO CONTRACTOR. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
P ERSONALLl ABILl TY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
P RICE INCREASES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
P RICE P ROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
P RIVACY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5
00006053
PROBLEM RESOLUTION AND DISPUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1
PUBLIC ITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2
REC ORDS MAINTENANC E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . 2 2
REGISTRATION WITH DEPARTMENT OF REV ENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
RETENTION OF REC ORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
RIGHT OF INSPEC TION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
SAV INGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
SERV IC E EXPEC TATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3
SEV ERABILITY
. . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4
SHIpPING_AN;!2 JllSK QlJDSS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4
SIT. E Sf. !lRIT. y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4
ilT ~J;W1 !2 E
V ENDOR PAYMENT REGISTRA
TIO}! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 4
sU!;tQQIITRAC TING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4
SlJPERV ISION
AND
C OORDINATIQII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5
SIJRV IV ORSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5
TAXES. FEES AND
LIC ENSJi. S, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5
TERMINATION BY}\1 UWAL AGREEMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 2 6
TERl)1 INKlIOIIJ: QR C AUS, E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6
TERMINAIION FOR C ONFLIC T OF
INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
}JijtMJNAI1 0NFOR C ONV ENIENC E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
TERMINATION FOR NON. ALLOC AIlON OF FUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
TERMINATION FOR WITHDRAWAL OF AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
TERMINATION PROC EDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
TITLE TO PRODUC T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8
TRAINING . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8
TREATMENT OF ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8
WAIV ER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9
WARRANTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9
Ex HIBr r B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . 3 0
EXr llUr I C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1
DEFINITIONS
As used
thr oughout
this
contr act,
the
following
ter ms shall have the
meaning
set for th below:
A.
"Acceptance"
. . The
mater ials, supplies, ser vices,
and/or
equipment
have
passed appr opr iate inspection.
In the event
that ther e is a for mal
Acceptance Testing per iod r equir ed
in the Solicitation document then
acceptance
is for malized
in
wr iting.
If ther e is no
Acceptance Testing, acceptance may
occur when the Pr oducts ar e deliver ed and
inspected.
.
B.
"Acceptance Testing"
. . The
pr ocess
for
ascer taining
that the
mater ials, supplies, ser vices,
and/or
equipment
meets the
standar ds set for th in the
Solicitation, pr ior
to
Acceptance by
the WSLC B.
C . "WSLC B". . shall mean the
Liquor
C ontr ol Boar d of the State of
Washington, any division, section, office,
unit or
other
entity
of the
WSLC B, or
any
of the officer s or other officials
lawfully r epr esenting
that WSLC B.
D.
"Agent"
. . shall mean the
Dir ector ,
and/or the
r epr esentative
author ized in
wr iting
to act on the Dir ector s
behalf, or
C ontr actor s author ized
r epr esentative acting
on behalf ofthe C ontr actor .
E. "Amendment" . . For the
pur poses
ofthis
C ontr act,
shall mean an
agr eement
between the
par ties
to
change
this
C ontr act after it is
fully signed by
both
par ties.
Such
agr eement
shall be memor ialized in a wr itten document
descr ibing
the
agr eed upon change including any
ter ms and conditions
r equir ed
to
suppor t
such
change.
An Or der
Document shall not constitute an Amendment to this C ontr act.
F. "Business
Day s". . Monday tluough Fr iday ,
8 : 00 a. m. to 5 : 00
p. m. ,
Pacific
Time, ex cept
for
holiday s
obser ved
by
the
state of
Washington.
G. "C alendar
Day s"
. . C onsecutive
day s
of the
y ear including
weekends and
holiday s,
each of which commence at
1 2 : 00: 01 a. m. and end at
Midnight,
Pacific Time. When
"day s" ar e not
specified,
C alendar
Day s
shall
pr evail.
H. "C ontr act" . . An
agr eement,
or mutual
assent,
between two or mor e
competent par ties
with the elements of the
agr eement being offer , acceptmlce, consider ation,
and
legal bincJing.
I. "C ontr act Administr ator " . . The
pr imar y
contact for the WSLC B
r egmding
this contr act.
6
00006054
J. "Contractor" --shall mean that
firm, provider, organization,
individual or other
entity providing goods
and or
service( s)
under this
contract,
and shall includeall
employ ees
of theContractor.
K. "Contractors Authorized
Representative"
--An individual or
agent designated by
theContractor to act on its behalf
and with the
authority
to
legally
bind theContractor
concerning
theterms and conditions set forth in Solicitation and
Contract documents.
L.
"Inspection"
--An examination of delivered
material, supplies, services,
and/or
equipment prior
to
Acceptance
aimed at
forming a judgment as to whether such delivered items arewhat was ordered, were
properly
delivered and
ready
for
Acceptance. Inspection may
includea high
level visual examination or a more
thorough
detailed examination as is
customary
to the
ty pe
of
purchase, as set forth in thesolicitation document and/or as agreed
between the
parties.
Inspection
shall be
acknowledged by an authorized
signature
oftheWSLCB.
M. "Invitation For Bids"
( IFB)
--Theformutilized to solicit Bids in the
formal,
sealed Bid
procedure
and
any
amendments thereto issued in
writing by
theWSLCB.
Specifications
and
qualifications
are
clearly
defined.
N. "Lead Time/After
Receipt
of Order
( ARO) "
--The
period
of timebetween when theContractor receives theorder and
theWSLCB receives the
materials, supplies, equipment, or services order.
O. "Order Document" --A written
communication,
submitted
by
theWSLCB to the
Contractor,
which details the
specific
transactional elements
required by
theWSLCB within the
scope
of this Contract such as
delivery date, size, color,
capacity ,
etc. An Order Document
may include,
but is not limited to
purchaseorders,
work order or other
writings as
may
be
designated by
the
parties
hereto. No additional or alternateterms and conditions on such written
communication shall
apply
unless authorized
by
this Contract and
expressly agreed
between theWSLCB and the
Contractor.
P.
"Proposal"
--A written offer to
performa Contract to
supply materials, supplies, services,
and/or
equipment
in
response
to a
Request
for
Proposal ( RFP) .
Q.
"Request
for
Proposals ( RFP) "
--Theformutilized to solicit
Proposals
in the
formal,
sealed Bid
procedure
and
any
amendments thereto issued in
writing by
theWSLCB. The
specifications
and
qualification requirements arewritten in
an outcomebased form
allowing
for consideration of a broad
range
of different solutions to meet the
procurement
need.
R. "Subcontractor" --shall mean onenot in the
employ ment
of the
Contractor,
who is
performing
all or
part
ofthose
services lmder this contract under a
separate
contract with theContractor.
ADMINISTRATIVE SUSPENSION
When in thebest interest of the
WSLCB,
theWSLCB
may
at
any time,
and without
cause, suspend
theContract or
any
portion
thereof for a
period
of not morethan
thirty ( 30)
calendar
day s per
event
by
written noticefromtheContract
Administrator to theContractors
Representative.
Contractor shall resume
performanceon thenext business
day following
the30h
day
of
suspension
unless an earlier
resumption
dateis
specified
in thenoticeof
suspension.
If no
resumption
date
was specified
in thenoticeof
suspension,
theContractor can bedemanded and
required
to resume
perfmmance
within the
thirty ( 30) day suspension period by
theContract Administrator
providing
theContractors
Representative
with written
noticeof such demand.
ADVANCE PAYMENTS PROHIBITED
No
pay ments
in advanceof or in
anticipation
of
goods
or services to be
provided
under this contract shall bemade
by
the
WSLCB.
ADVERTISING
Contractor shall not
publish
or use
any
information
concerning
this Contract in
any
format or media for
advertising or
publicity
without
prior
written consent fromtheContract Administrator.
ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS
In theevent that the
parties engage
in
arbitration,
mediation or
any
other alternative
dispute
resolution fmumto resolvea
dispute
in lieu of
litigation,
both
parties
shall share
equally
in thecost of thealternative
dispute
resolution
method,
including
cost of mediator or mbitrator. In
addition,
each
pmly
shall be
responsible
for its own
attorney s
fees incurred as
a result of thealternative
dispute
resolution method.
7
00006055
AMENDMENTS
This contract
may
be amended
by
mutual
agreement
of the
p arties.
Such amendments shall not be
binding
unless
they are
in
writing
and
signed by p ersonnel
authorized to bind each of the
p arties.
AMERICANS WITH DISABILITIES ACT
(ADA)
OF
1990,
PUBLIC LAW
101-336,
also referred to as the
"ADA" 28 CFR Part 35
The Contractor must
comp ly
with the
ADA,
which
p rovides comp rehensive
civil
rights p rotection
to individuals with
disabilities in the areas of
emp loyment, p ublic accommodations, state and local
government services,
and
telecommunications.
ANTITRUST
The WSLCB maintains
that,
in actual
p ractice, overcharges resulting
from antitrust violations are borne
by
the WSLCB.
Therefore,
the Contractor
hereby assigns
to the WSLCB
any
and all of the Contractors claims for such
p rice fixing
or
overcharges
which arise under federal or state antitrust
laws, relating
to the
materials, sup p lies,
services and/or
equip ment
p urchased
under this Contract.
ASSIGNMENT
Neither this
contract,
nor
any
claim
arising
under this
contract,
shall be transferred or
assigned by
the Contractor without
p rior
written consent of the WSLCB.
ASSURANCES
The WSLCB and the Contractor
agree
that all
activity p ursuant
to this contract will be in accordance with all the
ap p licable
cun-ent
federal,
state and local
laws, rules,
and
regulations.
ATTORNEYS FEES
In the event of
litigation or other action
brought
to enforce contract
terms,
each
p arty agrees
to bear its own
attorney
fees
and costs.
CHANGES
The WSLCB reserves the
right
to
modify
this Contract
by
mutual
agreement
between the WSLCB and the
Contractor, so
long as such modification is
substantially
within the
scop e
of the
original
Contract.
Alterations to
any
of the
terms, conditions, or
requirements
of this Contract shall
only
be effective
up on
written issuance
of a mutually agreed
Contract Amendment
by
the Contract Administrator.
COMMENCEMENT OF WORK
No work shall be
p erfoTIlled by
Contractor until this Contract is executed
by
the Contractor and the WSLCB and is.
.
received
by
the Contractor.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The Contractor shall not use or disclose
any
information
concerning
the
WSLCB, or infonnation that
may
be classified
as
confidential,
for
any p urp ose
not
directly
connected with the administration ofthis
contract, excep t
with
p rior
written
consent of the
WSLCB, or as
may
be
required by
law.
From:
McCall,
Karen J
Sent:
Monday, February 04,
2013 2:55 M
To: mackinmatt@comcast. net
Subject:
RE:
Marijuana
Producer
Rulemaking
The board will
begin accep ting marijuana p roducer
license
ap p lications
in
early
June. The board will
begin
issuing
the licenses in mid
August.
The board has not drafted rules
yet determining
whether or not
marijuana
will be allowed to be
grown
outside.
Karen McCall
Rules Coordinator
WSLCB
360-664-1631
8
00006056
From: mackinmatt@comcast.net [mailto:mackinmatt@comcast.net]
Sent:
Monday, February 04,
2013 2:17
PM.
To: rules
Subject: Marijuana
Producer
Rulemaking
9
00006057
Norton. Melissa K
From:
Posted At:
Conversation:
macki nmatt@comcast.net
Thursday, February 14,
2013 4:16 PM
here
you go
once
again!
Subject:
here
you go
once
again!
PLEASE TAKE IN TO CONSIDERATION 1M ON SSI WITH A 10
grade
ed. &OED is a timed test and kids
can still
drop
out! and Im a little slow and not that social but none the less I work hard! and would like to return
back to
work,
Im
wanting
to contribute to
positive society
as a whole,
but it has to start some where! Im all for
helping
the
implementing
ofl -
502 terms at the state levels wanted
by police
&
policies,
and the voters.
THANK YOU! Matt McClanahan also to tell
you
this
job threatings my
life
by my willingness
to
accept
the 1-
502
job proposal
so I v submitted in
writing
here! to
help
better the state. email back
please
if some
thing
is
still
wrong?
From: mackinmatt@comcast.net
Sent:
Wednesday, February 13,
2013 6:51 AM
To: McCall, Karen J
Subject:
ATTN:
Washington
State
Liquor
Control Board-The
purpose
of this Contract is to enter into an
agreement
for
Initiative 502
(1-502) Consulting
Services!
Contract Number K430
For
Initiative 502
Consulting
Services
Between the
Washington
State
Liquor
Control Board
and
(Contractor)
This Contract is made and entered into
by
and between the
Washington
State
Liquor
Control
Board,
hereinafter referred to
as the
"WSLCB",
and the below named
Company,
hereinafter referred to as "Contractor",
for the
purpose
of
providing
Initiative 502
Consulting
Services.
(Contractor name)Matt
McClanahan MEDICAL MARIJUANA IS NOT TO BE SEEN BY PUBLIC ON
FOXSNEWS)
(Contractor
authorized
representative)mcbc
(address)5914
ne 41st Ave.
<
(city,
state
zip)Vancouver
Phone: # 360-828-7295
Email: macldmnatt@comcast.net
Federal TIN: Nfa
WA State UBI Number: NfA
PURPOSE
The
purpose
of this Contract is to enter into an
agreement
for Initiative 502
(1-502) Consulting Services, to assist the
WSLCB with the
implementation
of the
requirements
of 1-502.
SCOPE OF WORK
Exhibit
A,
atlachedhereto and
incorporated by reference,
contains the General Terms and Conditions
governing
the
goods
to be
provided
and services to be
performed
under this
contract,
the nature of the
working relationship
between the
WSLCB and the
Contractor,
and
specific obligations
of both
parties.
1
00006058
The Contractor will
provide goods, services,
and
staf f ,
and otherwise do all
things necessary
f or or incidental to the
perf onnance
of
work, as included in the WSLCBS
Request
f or
Proposals
No.
K430,
attached as Exhibit
B,
and the
Contractors
proposal dated,
attached as Exhibit C.
The Contractor shall:
"Provide
Consulting
Services to the WSLCB
(MEDICAL
MARlmANA IS NOT TO BE SEEN BY PUBLIC ON FOXS
NEWS)
"
which shall assist the
agency
with the
implementation
of 1-502
requirements including,
but not limited
to,
the
f ollowing Categories
of
expertise:
)>
Category
1: Product and
Industry Knowledge
Contractor shall be a
product expert
and have
expert knowledge, including
but not
limited,
to the
f ollowing:
a. I-low
Marijuana
is
grown,
cultivated, harvested, cured,
and
processed
b. How
Marijuana
is inf used into f ood and
beverages
c. How
Marijuana
should be
packaged, labeled, transported,
and sold at retail level
d. How wholesale and retail
product
should be recalled and accounted f or
e. How
Marijuana
should be
destroyed
if over produced, contaminated, or recalled
Category
1 Deliverables:
Contractor shall
provide
the
f ollowing:
1. Minimum standards
relating
to the
growth, harV esting, transporting
and sale of use able recreational
Marijuana
2. Minimum standards f or Product
saf ety relating
to the inf usion of
Marijuana
or
Marijuana byproducts
in
f ood,
beverage, lotions,
ointments or other Products to be sold in retail locations
3. Minimum standards f or the
tracking
and reconciliation of Product
grown,
sold,
and/or
destroyed
)>
Category
2: Product
Quality
Standards and
Testing
Contractor shall:
a. Have
expert knowledge
of the inf rastructure
required
to test
Marijuana
to ensure the
f ollowing:
. Product
quality, content,
and
ingredients
. Consumer
saf ety
b. Assist the WSLCB with
establishing quality
standards f or
testing
c. Assist the WSLCB with
establishing
and
implementing Industry testing
standards and
practices
d. Be
knowledgeable on methods to
saf ely process product
Category
2 Deliverables:
Contractor shall
provide
the
f ollowing:
I. Minimum standards allowed f or
testing
and
conf irming
Product
saf ety
f rom contaminants
2.
Testing
standards f or Prodnct
testing
of THC/CBD levels and ratios f or Product of f ered
3.
Labeling
standards needed to meei the
requirements as def ined
by
law
)>
Category
3: Prodnct
Usage
and
Consnmption
V alidation
Contractor shall:
a. I-lave the
expertise
to estimate
product usage
and
consumption
levels
by geographic
areas in
Washington
State.
Category
3 Deliverables:
Contractor shall
provide
the
f ollowing:
1. A
report detailing recreational,
medical and total
Marijuana
use in
Washington State, by county
2. A
projected
volume of
Marijuana
needed on an miliual basis to
satisf y demand,
and establish
plant yield
and
growth
volume
assumptions
needed to
keep pricing
at or below black market levels
)>
Category
4: Prodnct
Regulation
Contractor shall:
a. Have a
strong understanding
of
State,
local or Federal
government processes
and
procedures
b. Assist the WSLCB in
craf ting Marijuana system regulations.
Category
4 Deliverables:
Contractor shall:
1. Conduct stakeholder f ocus
groups
f or discussion and determination of best
practice relating
to the
growth,
harvesting, distribution, product
inf usion and sale of useable recreational
Marijuana
2. Provide written
independent
third
party assumptions,
recommendations and
oversight f ollowing guidelines
established
by
the
open government
act
General
Requirements:
2
00006059
Contractor will work in
conj illlCtion
with the WSLCB
p roj ect manager
and
any
other identified WSLCB
p ersonnel
to
ensure that the services are
p rovided
in accordance with
industry
standards and best
p ractices.
PERIOD OF PERFORMANCE
The
p eriod
of
p erformance
under this contract shall be for two
(2) years
from the date of
execution,
with the
op tion
to
extend for additional terms or
p ortions
thereof.
COMPENSATION
Total
comp ensation
for services rendered shall be as follows
Item Descrintion
Total N/AAT TIDS TIME
Price
nogotiable
MICELLANEOUS EXPENSES
The WSLCB
may
reimburse Contractor for travel and related
exp enses
as identified in this
Contract, or as authorized in
writing,
in advance
by
the WSLCB in accordance with the current rules and
regulations
set forth in the
Washington
State
Administrative and
Accounting
Manual
(http : //www. ofm. wa. gov/p olicy/default. asp ),
and not to exceed
exp enses actually
incurred. No
p ayment
of travel
exp enses
will be made to Contractor for routine travel to and from the WSLCB s location.
Contractor
may
be
required
to
p rovide
a detailed itemization of
exp enses, including descrip tion,
amounts and
dates,
and
receip ts
for amounts of
fifty
dollars
($50) or more when
requesting
reimbursement.
BILLING PROCEDURES AND PAYMENT
The WSLCB will
p ay
Contractor
up on accep tance
of
goods
and/or services
p rovided
and
receip t
of
p rop erly comp leted
invoices,
which should be submitted
electronically
to:
HQSup p ly@lig. wa. gov.
If Contractor is unable to submit invoices
electronically,
invoices
may
be submitted
by
mail to:
Washington
State
Liquor
Control Board
Attn:
Sup p ort
Services
PO Box 43090
Olymp ia,
WA 98504
Each invoice shall be identified with the
following
items:
. State INVOICE
.
Identify
the invoice number and date
. Be identified
by
Contract Number K430
.
Identify
Contractors Statewide Vendor
registration
nnmber
assigned by Washington
State Office of Financial
Management (OFM)
. Be in U. S. dollars
.
Identify
the all
ap p licable p romp t p ayment
discount and/or volume
discount(s)
.
Identify p ayee
name and address in
comp liance
with U. S. Postal
regulations
. Describe and
document,
to the WSLCBS
satisfaction, a descrip tion
ofthe
goods p rovided
and/or work
p erformed,
including
dates
. Be
accomp anied by
documentation that confirms that services were p erformed
or
p roducts were received
The WSLCB
may,
in its sole
discretion,
terminate the contract or withhold
p ayments
claimed
by
the Contractor for
goods
and/or services rendered if the Contractor fails to
satisfactorily comp ly
with
any
term or condition ofthis contract.
No
p ayments
in advance or in
anticip ation
of services or
sup p lies
to be
p rovided
under this contract shall be made
by
the
WSLCB.
Payment
shall be considered
timely
if made
by
the WSLCB within
thirty (30)
calendar
days
after
receip t
of
p rop erly
comp leted
invoices.
Payment
shall be sent to the address
designated by
the Contractor.
Payment
for
materials, sup p lies
and/or
equip ment
received and for services rendered shall be made
by
WSLCB and be
redeemable in U. S. dollars.
Any
bank or transaction fees or similar costs associated with
currency exchange p rocedures or
the use of
p urchasing/credit
cards shall be
fully
assumed
by
the Contractor.
3
00006060
In the event that the Contractor
overcharges
the
WSLCB,
checks shall be mailed with the hard
copy
credit memos PO
BOX 43085
Olympia
WA98504.
CONTRACT ADMINISTRATION
All authorized communication
regarding
this contract shall occur between the Contractors Authorized
Representative or
designee
and the WSLCB Contract Administrator or
designee.
Contractors Anthorized
Representative
WSLCB Contract Adrninistrator
Contractors Authorized
Representative
Name
Enter Name of CONTRACTOR
Washington
State
Liquor
Control Board
Enter CONTRACTOR Address POBox 43090
Enter
City,
State &
Zip
Code
Olympia,
W A98504
Phone:
() Phone:
(360)
664-
Email address: Emai! address: Enter Emai!
ORDER OF PRECEDENCE
Each of the exhibits listed below is
hereby incorporated
into this contract. In the event of an
inconsistency
in this
contract,
the
inconsistency
Bhall be resolved
by giving precedence
in the
following
order:
1.
Applicable
federal and state of
Washington
statutes and
regulations
2.
Special
terms and conditions
as contained in this basic contract instrument
3. Exhibit A- General Terms and Conditions
4. Exhibit B -
Request
for
Proposals
No. K430
5. Exhibit C - Contractors
Proposal
dated
6.
Any
other
provision,
term or material
incorporated
herein
by
reference or otherwise
incorporated
APPROVAL
The
signatories
to this Contract
represent
that
they
have the
authority
to bind their
respective organizations to this
Contract.
In Witness
Whereof,
the
parties hereto, having
read this Contract in its
entirety, including
all
attachments,
do
agree
in
each and
every particular
and have thus set their hands hereunto.
For Contractor:
Project Manager
for WSLCB:
(Contractor
Authorized
Representative Signature) (Date)
(Signature) (Date)
Washington
State
Liquor
Control
Board
3000 Pacific Ave SE
Contractor N arne
Matthew McClanahan
A!!encv N arne Olympia,
WA98504
Print Narne Matthew McClanahan
Print Name
Telephone No. #360-828-7295
Telephone No.
Ernail mackinmatt!Wcomcast.net
Ernail
Authorizing
WSLCB Contract
Manager
tpprovlll
I
IIII Telephone No. I #360-828-7295
Telenhonc No.
IrrintNamc I 1~ ::ill
I
Signature
Phone
4
00006061
EXHIBIT A-
GENERAL TERMS AND CONDITIONS
DEFINITIONS. 7
ACCEPTANCE.. 9
ADMINISTRATIVE SUSPENSION.. 9
ADVANCE PAYMENTS PROHIBITED.. 9
ADVERTISING.. 9
ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS. 9
AMENDMENTS. 9
AMERICANS WITllDISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336.ALSO REFERRED TO AS THE "ADA" 28 CFR
PAIn 35. 9
ANTITRUST..
9
ltSIGNMENT.. 10
ASSURANCES. 10
ATTORNEYS FEES. 10
CHAt,lGES. 10
OMl1EN,); ! y lINT
OF WORK.. 10
CONEI! 2E! :i! lALITY/SAFEGUARDING OF
INFORMATIQl; :{.. 10
..Q~ W:J J I
T.. 10
QNFLICT
OF
INTEREST..
10
CONFORMITY.. II
CONrRACTOR
COMMITMENTS. WARRANTIES AND
REPRESENTATtONS. I I
COST OF REMEDY.. 11
COVENANT AGAINST CONTINGENT FEES. II
DETERMINATION OF STANDARD OF OUALITY/CONSISTENCY OVER TERM OF CONTRACT.. II
DISALLOWED COSTS. II
DISPUTES. 11
ENTIRE AGREEMENT.. 12
EQillPMENT
DEMONSTRATION COMPLIANCE INSPECTIONS. 12
ESTABLISHED BUSINESS. 12
FORCE MAJ EURE.. 13
GIFTS AND GRATillTIES. 13
GOVERNING LAW... 13
INCORPORATED DOCUMENTS. 13
INDEMNIFICATION.. 14
IDENTIFICATION.. 14
INDEPENDENT CAPACITY OF THE CONTRACTOR.. 14
XNDUSTRIAL INSURANCE
COVE~ AGE..
14
INSPECTION
AND REJ ECTION.. 15
INSURANCE..
15
LEGAL NOTICES. 17
LICENSING. ACCREDITATION
AND REGISTRATION.. 17
LIENS. CLMM,) AND ENCUMBRANCES. 17
LIMITATION OF AUTHORITY.. 17
LIMITATION OF
LIABILn:y .. 17
LIOUIDATEDDAMAGES.18
MATERIALS AND WORKMANSHIP. 18
MATERIAL BREACH.. 19
NO ADDITIONAL CI-IARGES. 19
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS. 19
NONDISCRIMINATION.. 19
NON-EXCLUSIVE REMEDIES. 19
OPPORTUNITY TO CURE.. 19
ORDER FULFILLMENT
REQillREMENTS.
20
OSHA AND WISI-IA
REQillREMENTS.
20
OVERPAYMENTS TO CONTRACTOR.. 20
PERSONAL LIABILITY.. 21
PRICE INCREASf_S.
21
ERIlJ RQJ TICI! PN..
21
ERLVAy ..21
5
00006062
PROBLEM RESOLUTION AND DISPUTES. 21
PUBLICITY.. 22
RECORDS MAINTENANCE.. 22
REGISTRATION WITH DEPARTMENT OF REVENUE.. 23
RETENTION OF RECORDS. 23
RIGHT OF INSPECTION.. 23
SAVINGS. 23
SERVICE EXPECTATIONS. 23
SEVERABILITY.. 24
SHIPPING
AIlD
RI
K_OF LOSS. 24
SITE
SECURITY..
24
STATEWIQ~.Y1llIl_ORPAYMENT REGISTRATION..
24
S.IlaCONTAQTING..
24
SJJP~RYISlmL<\ND ~OOlill!NATIOl:!..
25
SURYIYORSHI!..25
TA~ES.
FEES AND
LICENSES.. 25
TERMINATION
BY MUlUAL AGREEMENT.. 26
TERMINATION FOR CAUSE.. 26
TERMINATION FOR CONFLICT OF INTEREST.. 27
.
TERMINATIQll FOR
CONVENIENCI~..
27
TERMINATIQ_N
FOR NON-ALLOCATION OF
FUNDS,.
27
TERMINATION FOR WITHDRAWAL OF AUTHORITY.. 27
TERMINATION PROCEDURES. 27
TITLE TO PRODUCT.. 28
TRAINING.. 28
TREATMENT OF ASSETS. 28
WAIVER.. 29
WARRANTIES. 29
EXHIB[l B.. 30
EXHIBIT C.. 31
DEFINITIONS
As used
throughout
this
contract,
the
following
tenus shall have the
meaning
set forth below:
A.
"Acceptance"
-- The
materials, supplies, services,
and/or
equipment
have
passed appropriate inspection.
In the event
that there is a fOlmal
Acceptance Testing period required
in the Solicitation document then
acceptance
is formalized
in
writing.
If there is no
Acceptance Testing, acceptance may
occur when the Products are delivered and
inspected.
B.
"Acceptance Testing"
-- The
process
for
ascertaining
that the
materials, supplies, services,
and/or
equipment
meets the
standards set forth in the
Solicitation, prior
to
Acceptance by
the WSLCB.
C. "WSLCB" -- shall mean the
Liquor
Control Board of the State of
Washington, any division, section, office,
unit or
other
entity
of the
WSLCB, or
any
of the officers or other officials
lawfully representing
that WSLCB.
D.
"Agent"
-- shall mean the
Director,
and/or the
representative
authorized in
writing
to act on the Directors
behalf, or
Contractors anthorized
representative acting
on behalf of the Contractor.
E. "Amendment" -- For the
purposes
of this
Contract,
shall mean an
agreement
between the
parties
to
change
this
Contract after it is
fully signed by
both
parties.
Such
agreement
shall be memorialized in a written document
describing
the
agreed upon change including any
terms and conditions
required
to
support
such
change.
An Order
Document shall not constitute an Amendment to this Contract.
F. "Business
Days"
--
Monday through Friday,
8:00 a.m. to 5:00
p.m.,
Pacific
Time, except
for
holidays
observed
by
the
state of
Washington.
G. "Calendar
Days"
-- Consecutive
days
of the
year including
weekends and
holidays,
each of which commence at
12:00:01 a.m. and end at
Midnight,
Pacific Time. When
"days" are not
specified,
Calendar
Days
shall
prevail.
H. "Contract" -- An
agreement,
or mutual
assent,
between two or more
competent parties
with the elements of the
agreement being offer, acceptance, consideration,
and
legal binding.
I. "Contract Administrator" -- The
primary
contact for the WSLCB
regarding
this contract.
6
00006063
J. "Contractor" --shall mean that
firm, provider, organization,
individual or other
entity providing goods
and or
service( s)
under this
contract,
and shall include all
employ ees
of the Contractor.
K. "Contractors Authorized
Representative"
--An individual or
agent designated by
the Contractor to act on its behalf
and with the
authority
to
legally
bind the Contractor
concerning
the terms and conditions set forth in Solicitation and
Contract documents.
L.
"Inspection"
--An examination of delivered
material, supplies, services,
and/or
equipment prior
to
Acceptance
aimed at
forming a judgment as to whether such delivered items are what was ordered, were
properly
delivered and
ready
for
Acceptance. Inspection may
include a high
level visual examination or a more
thorough
detailed examination as is
customary
to the
ty pe
of
purchase, as set forth in the solicitation document and/or as
agreed
between the
parties.
Inspection
shall be
acknowledged by an authorized
signature
of the WSLCB.
M. "Invitation For Bids"
( IFB)
--The form utilized to solicit Bids in the
formal,
sealed Bid
procedure
and
any
amendments thereto issued in
writing by
the WSLCB.
Specifications
and
qualifications are
clearly
defined.
N: "Lead Time/After
Receipt
of Order
( ARO) "
--The
period
of time between when the Contractor receives the order and
the WSLCB receives the
materials, supplies, equipment, or services order.
O. "Order Document" --A written
communication,
submitted
by
the WSLCB to the
Contractor,
which details the
specific
transactional elemen s
required by
the WSLCB within the
scope
of this Contract such as
delivery date, size, color,
capacity ,
etc. An Order Document
may include,
but is not limited to
purchase orders,
work order or other
writings as
may
be
designated by
the
parties
hereto. No additional or alternateterms and conditions on such written
communication shall
apply
unless authorized
by
this Contract and
expressly agreed
between the WSLCB and the
Contractor.
P.
"Proposal"
--A written offer to
perform a Contract to
supply materials, supplies, services,
and/or
equipment
in
response
to a Request
for
Proposal ( RFP) .
Q.
"Request
for
Proposals ( RFP) "
--The form utilized to solicit
Proposals
in the
formal,
sealed Bid
procedure
and
any
amendments thereto issued in
writing by
the WSLCB. The
specifications
and
qualification requirements are written in
an outcome based form
allowing
for consideration of a broad
range
of different solutions to meet the
procurement
need.
R. "Subcontractor" --shall mean one not in the
employ ment
of the
Contractor,
who is
performing
all or
part
of those
services under this contract under a
separate
contract with the Contractor.
ADMINISTRATIVE SUSPENSION
When in the best interest of the
WSLCB,
the WSLCB
may
at
any
time,
and without
cause, suspend
the Contract or
any
portion
thereof for a period
of not more than
thirty ( 30)
calendar
day s per
event
by
written notice from the Contract
Administrator to the Contractors
Representative.
Contractor shall resume
performance
on the next business
day following
the 30u,
day
of
suspension
unless an earlier
resumption
date is
specified
in the notice of
suspension.
If no
resumption
date
was specified
in the notice of
suspension,
the Contractor can be demanded and
required
to resume
performance
within the
thirty ( 30) day suspension period by
the Contract Administrator
providing
the Contractors
Representative
with written
notice of such demand.
ADVANCE PAYMENTS PROIDBITED
No
pay ments
in advalle of or in
anticipation
of
goods or services to be
provided
under this contract shall be made
by
the
WSLCB.
.
ADVERTISING
Contractor shall not
publish or use
any
information
concerning
this Contract in
any
format or media for
advertising or
publicity
without
prior
written consent from the Contract Administrator.
ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS
In the event that the
parties engage
in
arbitration,
mediation or
any
other alternative
dispute
resolution forum to resolve a
dispute
in lieu of
litigation,
both
pmties
shall share
equally
in the cost of the alternative
dispute
resolution
method,
including
cost of mediator or arbitrator. In
addition,
each
party
shall be
responsible
for its own
attorney s
fees incurred as
a result of the alternative
dispute
resolution method.
7
00006064
AMENDMENTS
This contract
may
be amended
by
mutual
agreement
of the
p arties.
Such amendments shall not be
binding
unless
they are
in
writing
and
signed by p ersonnel
authorized to bind each of the
p arties.
AMERICANS WITH DISABILITIES ACT
(ADA)
OF
1990,
PUBLIC LAW
101-336,
also referred to as the
"ADA" 28 CFRPart 35
The Contractor must
comp ly
with the
ADA,
which
p rovides comp rehensive
civil
rights p rotection
to individuals with
disabilities in the areas of
emp loyment, p ublic accommodations, state and local
government services,
and
telecommunications.
ANTITRUST
The WSLCB maintains
that,
in actual
p ractice, overcharges resulting
from antitrust violations are borne
by
the WSLCB.
Therefore,
the Contractor
hereby assigns
to the WSLCB
any
and all of the Contractors claims for such
p rice fixing
or
overcharges
which arise under federal or state antitrust
laws, relating
to the
materials, sup p lies,
services and/or
equip ment
p urchased
under this Contract.
ASSIGNMENT
Neither this
contract, nor
any
claim
arising
under this
contract,
shall be transferred or
assigned by
the Contractor without
p rior
written consent of the WSLCB.
ASSURANCES
The WSLCB and the Contractor
agree
that all
activity p ursuant
to this contract will be in accordance with all the
ap p licable
current federal, state and local
laws, rules,
and
regulations.
.
ATTORNEYS FEES
In the event of
litigation or other action
brought
to enforce contract
terms,
each
p arty agrees
to bear its own
attorney
fees
and costs.
CHANGES
The WSLCB reserves the
right
to
modify
this Contract
by
mutual
agreement
between the WSLCB and the
Contractor, so
long as snch modification is
substantially
witl n the
scop e
of the
original
Contract.
Alterations to
any
of the
terms, conditions, or
requirements
of this Contract shall
only
be effective
up on
written issuance
of a mutually agreed
Contract Amendment
by
the Contract Administrator.
COMMENCEMENT OF WORK
No work shall be
p erformed by
Contractor until this Contract is executed
by
the Contractor and the WSLCB and is
received
by
the Contractor.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The Contractor shall not use or disclose
any
information
concerning
the
WSLCB, or information that
may
be classified
as
confidential,
for
any p urp ose
not
directly
cOlmected with the adl1nistration of this
contract, excep t
with
p rior
written
consent of the
WSLCB, or as
may
be
required by
law.
From: McCall. Karen J
Sent:
Monday, February 04, 2013 2:55 PM
To: mackinmatt@comcast. . net
Subject:
RE:
Marijuana
Producer
Rulemaking
The board will
begin accep ting marijuana p roducer
license
ap p lications
in
early
June. The board will
begin
issuing
the licenses in mid
August.
The board has not drafted rules
yet determining
whether or not
marijuana
will be allowed to be
grown
outside.
Karen McCall
Rules Coordinator
WSLCB
360-664-1631
8
00006065
From: mackinmatt@comcast.net
[mailto:mackinmatt@comcast.net]
Sent:
Monday, February 04,
2013 2:17 PM
To: rules
Subject: Marijuana
Producer.
Rulemaking
9
00006066
Norton.
Melissa K
From:
Posted At:
Conversation:
mackinmatt@comcast.net
.
Wednesday, February 13,
2013 8:22 PM
PLEASE FORWARD!
Subject:
PLEASE FORWARD!
JUST TO
Explain
theirs fb
pic. circling ,
and its related to one of
my post
about
saving on
g as
and to
stop
the
demand on
hump day!
5000
From: mackinmatt@comcast.net
Sent:
Wednesday, February 13,
2013 5:27 PM
To: K430@l
q.wa.g ov
Subject:
Re:
I feel since I ve tried to
apply
bill
g ates
has
put
a hit on me! of 5000 so
you g ot my
bid!
From: mackinmatt@comcast.net
Sent:-
Wednesday, February 13,
2013 2:31 PM
To: K430
Subject: Re:
1
00006067
Norton. Melissa I{
From:
Sent:
To:
Subject:
Attachments:
Livingood,
Tia L
Wednesday, February 13,
2013 2:19 PM
Bids
Matt McClanahan
Request
for
Proposals
No. K430
;
Untitled
1
00006068
Norton. Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 11:59 AM
mackinmatt@comcast.net
WSLCB RFP K430 -
Rejection
Notification
K430_Matt
McClanahan_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any
questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00006069
Washington
State
Liquor
Control Board
February 25,
2013
Matt McClanahan
5914 NE 41" Avenue
Vancouver, WA 98661
Subject: Rejection
of
Response to
Washington
State
Liquor
Control Board
(WSLCB)
Request
fo,
Proposals (RFP) K430,
Initiativ 502
Consulting
Services
Dear Mr.
McClanahan,
This leltor is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2, Preparation ofProp08als,
states in
part:
"...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
rnc(y disqualify
the
Proposer ji-om
further participation
in thL, RFP...
"
It is the sole
responsibility
of the
roposer
to understand the RFP
requirements
and ensure thelr
Proposal
is
complete. PlO poser
failed to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposers
Authorized
O ffer, Proposer Information,
Subcontractor
Information, Letter of
Submittal,
Non-Cost
Proposal
and Cost
Proposal. Proposer
submitted an
incomplete
and
vague response
and is thus deemed
non.responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
intews! in
doing
business with the
Washington
State
Liquor
Control Board. This
measure
is
being
taken to assist
yon
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664.4526 or emaH at
jsf@Iiq.wa.gov.
...,
.
ohn
Farley
Procurement Coordinator
ee: K430 Contraet file
3000 Pacific Ave.
SE, PO Box
43090, O lympia
WA
98504..3090, (360) 664-1600, www.liq.wa.gov
00006070
Norton,
Melissa K
From:
Posted At:
Conversation:
Melissa
Rogers <wolflily2004@hotmail.com>
Friday,
Febr
ary
15,
2013 2:26 PM
Marijuana
Consultant
Subject: Marijuana
Consultant
Dear
John,
I am
applying
for the
marijuana
consultant
job.
I have attached
my
cover letter as well
as,
an Excel
spreadsheet,
and a PowerPoint
presentation
in a zip
file. I
hope
this email finds
you
in
good
health and
having a good day.
I
looked forward to
hearing
from
you.
Have a good
weekend.
Sincerely,
Melissa
Rogers
Independent Marijuana Representative
(509)628-6907
1
00006071
Procurement Coordinator Of The
Washington
State
Liquor
Control Board:
My
name is Melissa
Rogers.
I am twenty-eight
and
currently
enrolled at Ashford
University
for
my
Bachelors in
psychology.
I live in
Kennewick,
WA. I am on 5.5.1. and
looking
to
j oin
the workforce
again.
I
believe
my
skills as a distributer of
marij uana
and the
knowledge
I have on how to make a
profit
off of
marij uana
will be
greatly appreciated.
I have been in the
marij uana
business for the last decade. I have
access to
growers,
Local businesses,
P.R.
Agent,
and most
importantly, marij uana.
The
government
needs
help
to make this transition smoother and I would be honored to be a
part
of the team. I can
provide
references
upon request
if needed. I look forward to
hearing
from
you.
Sincerely,
Melissa
Rogers
509-628-6907
00006072
00006073



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00006075
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00006080
Breakdown of
Marijuana
Prices
(lowest to highest)
Weighti grams
Price COlllmon Str et Name
2 $ 20.00 Dub
4 $ 40.00
Eighth
7 $ 60.00
quarter
14 $ 100.00 Half-Ounce
28 $ 200.00 Ounce
112 $ 750.00 Quarter Pound
224 $ 1,200.00
Half Pound
448 $ 2,000.00
Pound
The above
prices
is what
you
would
pay
from the. grower.
We
ghtinGr ms
..
Price Common Street Name
1.75 25 Dub
3.5 50
Eighth
7 100
Qu rter
14 150 Half-Ounce
28 240 Ounce
112 850 Quarter Pound
224 1500 Half Pound
448 3000 Pound
The above
prices are what the distributor
charges.
00006081
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Frid ay , February 22, 2013 3:27 PM
wolflily 2004@hotmail.com
WSLCB RFP K430 -
Rejection
Notification
K430_Rejection Letter_Melissa Rogers, pd f
Good
Afternoon,
Thank
y ou
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accord ance with the attached
letter,
the WSLCB must
reject y our response.
Thank
y ou
for
y our
interest in
d oing
business with the
Washington
State
Liquor
Control Board . Please feel free to contact
me if
y ou
have
any questions
or need ad d itional information.
Thank
y ou,
John
Farley
Procurement Coord inator
K430@liq.wa.gov
1
00006082
Washington
state
Liquor
Control Board
Februmy 22,
2013
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) 1(430,
Initiative 502
Consultlug
Services
Dear Ms,
Rogers,
This letter is to inform
you
that
yOlll response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it was not received before the
required
due date and time.
Statcwi(le contracting policy promotes open
and effective
competition
and the
equal
treatment of all
proposers by firmly mandating
that the
acceptance
of late
proposals
is
prohibited,
In accordance with
Washington
Administrative Code
(WAC)
200.300.025:
"...All bids must be received in the
qffice of
the
purchasing activity l,y
the date and time
specified
in the document or addenda, No deviations will lie a/lowed","
Responses
to RFP K430 were due on or before 2:00
p,m,
on
Febmary 15, 2013, As
pattially
stated in
Amendment 2 to RFP K430:
"Complete Proposals
must be received
electronically on or before
Februarv 15,
2013 at 2:00PM
(FT),,,
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
proposal
is submitted on time, The WSLCB received Ms,
Rogers proposal
in the
lcbbids@liq,wa,gov
inbox on
February 15,
2013 at 2:26
p,m, (PT),
Ms.
Rogers
failed to submit her
proposal
on time and is thus
deemed
non.responsive
and
rejected
from further
participation
in RFP K430,
Thank
you
for
yom
interest in
doing
business with the
Washington
State
Liquor
Control Board.
Tryou
have
any questions, please
feel free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq,wa,gov,
Sincerely,
ator
co: K430 Contract file
PO Box
43090,3000
Pacific Ave,
5E, Olympia
WA
98504, (360) 664.1600, www,liq,wa,gov
00006083
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00006084
TIlere
me two kinds of
lea ders, thennosta t lea ders a nd thermometer lea ders.
Thermometer lea ders
a da pt
to the
su rrou nding s
like a lot of
people,
bu t thermosta t lea ders
cha ng e
1 1 1 e
su rrou nding s.
My experience will be
very helpfu l
for
you
a nd for the
job environment a s well. Co-
workers will love the
wa y
I intera ct with them. You shou ld hire me beca u se I ha ve
g rea t
commu nica tion skills a nd I commu nica te well with others. If
you
wa nt to see the
difference, then
I a m
rea dy
to
join toda y.
I a mself confident a nd
energ etic
a lld I work
ha rd, a nd I wa nt to work
for
you r compa ny.
You shou ld hire me beca u se I ha ve
g rea t people
skills a nd I ha ve
g rea t
cu stomer service skills. I ha ve
yea rs
of
experience
in the
open position of
Ma riju a na .
Im
a lea der
both thermosta t a nd thermometer. I ta ke
cha rg e
of
a lly
situ a tion bu t a lso a llow others to shine.
Im
very nea t, org a nized
a nd relia ble. To
g et
the
job
done
you
ca n
depend on me. Ima
qu ick
lea lller I
a lwa ys
ha ve
a
positive a ttitu de a nd Im
very
content a t
everything
I do. You shou ld hire
me beca u se I will
a da pt
to do wha t is
requ ired
for
su ccess of the
compa ny
a nd
myself.
I think
you
shou ld hire me beca u se if
you g ive me this
opportU llity
then I will ta ke
yOu l
org a niza tion to
g rea t r
heig hts which lU ltil now
you
ha ve not been a ble to a chieve. I will do this
throu g h my
il1 l1 ov! ltive
idea s, dedica tion a nd ha rd work. If
you
wa nt to see the differelice
then I
a 1 1 1
rea dy
to
join toda y. You shou ld hire ine beca u se I ha ve
g ood
record of silCcess in
my
Ma riju a na
du ca tion. I a lso ha ve 4
yea rs job exp~ ri~ l1 : ce. I think th~ t this J ob
OI) portlU 1 fty
shou ld
be
g iven
to
someone who ha s
experience
in the field.. Wha t ma kes 1 1 1 e
u niqlle, for
this
job ismy
~ , ~ ~ sfon
for
my
work. I a ma ha rd
working person
a nd
qu ick
lea rner tha ts
why
I think I a m
correc~ person
for this
job.
Imconfident Ill be the best ca ndida te for this
position. I ha ve a
pa ssion
for
my
work a nd I will be the best to become
a ll a sset to
y01 1 1 compa ny.
Y
Oll shou ld hire
1 1 1 e beca u se I ha ve
experience
in the
ma riju a na
field a nd I ha ve the
a bility to resolve
complica ted
problems a nd issu es
rig ht
a wa y
on a low
bu dg et.
I a mself
motiva ted,
energ etic
a nd I work ha rd
a nd
long .
This
position leqnires someone who ha s the
a bility to solve
problems qu ickly
a nd who
ca n
log ica lly
a dd va lu e to the
job. I believe
my
skills.a nd
a bilities ma tches
perfectly
with the
requ irement
a nd wha t ma kes me the
lU liqu e ca ndida te is
my pa ssion towa rds
my
work a nd the
mmiju a na indu stry.
So Imconfident Ill be the best ca ndida te for this
position.
Ba sic
requ irements
-
Ma riju a na pla nts
need
wa ter, lig ht, nu trients a nd su ita ble
a ir, ventila tion
a nd
tempera tu re. However
you
choose to
g row ma riju a na you
shou ld bme these ba sic
requ irements in 1 1 1 ind a nd a sk
YOU lself
a t ea ch
sta g e
how ca n I
improve wha t I offer
my pla nts?
Ca nna bis life
cycle
-
Ca nna bis is a il a n: nu a l
pla nt.
If
g rown
ontside it
g ermina tes in the
spring ,
la ys
down
a lot of
veg eta tive g rowth throu g hou t the
s1 1 1 1 1 mer,
a nd th(mflowers in the fa ll.
Growing ma riju a n inside
you
wou ld
g ermina te the
.inmiju a na seeds, t1 1 en
pla ce themu nder 24
h01 1 1
lig hting (some people u se 1 8 hou rs on a nd 6
off)
for the
veg g ing sta g e
a nd when iU s
big
00006085
enough
trick it into
flowering (budding) by a dj us ting
the
lights to 12 hours on a nd 12 hours
off,
the
p la nt
thinks it is fa ll.
Ap p roxima tely
10
da ys
a ftel the
flowering s ta ge begins
you
will
s ee two s ma ll
p is tils right
a t the
crux of the bra nch
j oint.
To
p roduce the mos t
p otent
buds i1is
neces s a ry
to remove the ma le
p la nts a s
they
ha ve
very
low
a moUllts ofTHC, CBN a nd CBD when
comp a red
to the fema les .
Remove the ma le
p la nts before
they p ollina te the fema le
p la nts a s once
p ollina ted
the fema les
will turn to s eed a nd we don t wa nt tha t! The flowers
a re the
bud,
the
thing
we re
looking
for a nd
wha t
you
will ha rves t a nd s moke.
Without ma les a rollnd the fema le
p la nt
will
p ut
a ll of her
energy
into
crea ting s ticky, THC-Ia den
flowers ra ther tha n s eeds . The res ult is
es s entia lly a virgin p la nt, or
s ens imillia , which
comes
from the
Sp a nis h
s in s emilla
or without s eeds .
Hydrop onic growing s ys tems ca n be
s imp le
a ffa irs or more
comp lex
like Sea of Green or Screen
of Green or
la rge grow s ys tems
like from Fullbloom
Hydrop onics .
Hydrop onics j us t mea ns tha t
the
p la nts ca n
grow
without
s oil, they
will
us ua lly grow
in a n inert medium a nd a ll of their
nutrient
requirements will
come
s tra ight
from the wa ter
they a re a dded to. After
choos ing
your
hydro s etllp you
will need to
p ick
wha t
growing
medium to
grow your ma rij ua na in; s ome
p refer
the
orga nic na ture of
good
s oil a nd others like the
more
s ynthetic s uch a s rock wool a nd
p erlite.
Ap a rt
from this difference the
wa y you
s et
up your grow
room will be the
s a me. So
firs tly we
will look a t the different
ma rij ua na
grow
methods .
Ba king
A)
All s tems a re REMOVED!! While it is
oka y
to cook with
ma rij ua na s tems when
you
a re.
doing
a n extra ction
(blltter, oil, etc). . .
it is NOT
oka y
to cook with
ma rij ua na s tems
directly
in
the dis h its elf.
Ma dj ua na s tems a re
very fibrous ,
a nd
they w e not delicious .
Ma rij ua na s tems
ma y
even hmt
yom
teeth.
B)
You a rc
worldng
with a fa t tha t is a bunda nt
enough
to bind to the THC in tbe
ma l ij ua na a dequa tely.
After
you grind
your ca rnmbis ,
you
ca n a dd it to a dis h tha t ha s a
high
enough
p ercenta ge
off a t. Ca nna bis Cookin is
working on
getting
la b res ults s o we ca n know for
s ure how much fa t is needed to bind THC
p rop erly,
but until
then, we will let
you
know which
foods w rk tor
s ure. Cookies with
high
%of butter
(not mw ga rine),
ba ked ca s s eroles with lots of
chees e a nd
ma yolma is e (exa mp le, ma c a nd
chees e), a nything wi l11lots of ba con
fa t,
mea tloa fs ,
etc.
Dos ing
is
tricky.
If
you
a re a ca s ua l medica l
us er,
. 5
gra m p er s erving
of
top
s helf indica
ca nna bis bud s hould do. Add
. 2gra ms
to this tota l if
you
a re
us ing
Sa tiva bud. If
you
a re a
fi equent medica l
us er,
1
gra m
for
top
s helf indica cmma bis
bud, or 1. 3
gra ms
for Sa tiva .
00006086
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By cont rast ,
several st rai ns of
d esi g ner mari juana are
usual l y g rown
d oors f rom
sp eci al l y-b red
st rai ns and
caref ul l y
hand l ed f or maxi mum
q ual i t y,
The mechani sms f or
sel l i ng
i ncl ud e
st reet / p ark sel l ers, d el i very servi ces, p ri vat e sal es,
and st oref ront s, Ret ai l sal es uni t s
vary
f rom $5 t o $50 and
more,
b ut t he act ual
wei g ht s
and
p ri ce
p er g t anl
of ret ai l
mari juana p urchases
l ack s sci ent i f i c
p reci si on, Et hnog rap hi c
st af f recrui t ed
mari juana p urchasers who used
d i g i t al
scal es t o
wei g h a
p urp osi ve samp l e
of 99
mari juana p urchases. Resul t s i nd i cat e cl ear d i f f erences
i n
p ri ce p er g ram
b et ween t he
p urchases
of commerci al
(avg , $8. 20/ g ram)
and
d esi g ner (avg .
$18. 02/ g ram) mari juana, Desi g ner p urchases are more
Uk el y
t o b e mad e
b y whi t es, d ownt own
(Lower East Si d e/ Uni on
Sq uare area),
vi a
d el i very servi ces, and i n uni t s of $1 0
b ag s,
$50
cub es,
and
ei g ht h
and
q uart er ounces. Commerci al
mari juana p urchases are more
l i k el y
t o b e mad e
b y
b l ack s, up t own (Harl em),
vi a st reet
d eal ers,
and i n uni t s of $5 and $20
b ag s.
It h c Iam t he most sui t ab l e cand i d at e f or t hi s
p osi t i on
b ecause:Ihave b een a
p mt
of
t hi s successf ul
org ani z at i on ml d
g ai ned k nowl ed g e
and
exp eri ence wi t hi n t he
i nd ust ry
f o1 over 6
years,
Ihave t he
sk i l l s, ab i l i t y, conf i d ence, mat uri t y
and commi t ment t o
p erf orm
wel l i n t hi s rol e.
Ihave b een
cl osel y work i ng
wi t h cust omers i n al l
my p revi ous exp eri ence whi ch has
hel p ed me
d evel op p osi t i ve i nt erp ersonal rel at i ons and
i n-d ep t h l md erst al l d i ng
of
p roced ures
and b usi ness
p rocesses,
Ican work wel l
i nd ep end ent l y as wel l wi t h a t emn and I
am ab l e t o t ack l e
p rob l ems
and si t uat i ons wi t h
sensi t i vi t y
ml d
p ro act i vel y.
Iam
d ep end ab l e
p erson
who has
years
of work
exp eri ence.
I
p ossess
t he
q ual i f i cat i ons
you
m e
need i ng
and Iam
wi l l i ng
t o of f er
you q ual i t y
servi ce t hat wi l l more t han
sat i sf y
your
exp ect at i ons.
Iund erst and t he
job req ui rement s and
q ual i f i cat i ons 100%. Ib el i eve t hat Iam t he
man t hat
you
are
l ook i ng
f or. Ihave al l t he ab i l t i es
you
are
l ook i ng
f or and Ihave a
g reat
p assi onat e
mot i vat i on f or t Il l S
comp any s g rowt h.
Iam conf i d ent and
comp et ent
and Ican work
i nd ep end ent l y
und er a mi ni mal
sup ervi si on,
Al so Iam a
g ood
t emn
p l ayer
Wi t l l t he
ab i l i t y
t o
col l ab orat e wi t h
col l eag ues,
Ib el i eve t hat Ihave shown
you
what Ihave t o of f er and i f
you
and
your
t eam b el i eve Iam t he
ri g ht
p erson
t hen
you
have
your
answer.
00006087
I am not
j u s t looking
for a
j ob,
I am
looking
for a fu tu re. I
already
have one new
way
to
produ ce a healthier
cons u mption
fOTm.
Having
read abou t
you r company
on
you r webs ite, I
believe that
you
can offer me that fu tu re. I
already
have a new
cons u mption techniqu e
for
Marij u anau s ers .
-
--
"---
~W~~
Michael Claas s en
561-( , L f I
-
( )
3
1 ; ; Z
References
Ken Cameron 509-636-3599 4
yrs experience Su pervis or
L iz Cameron 509-636-3599 4
yrs experience Co-worker
I
I
I
00006088
Washington
State
Liquor
Control Board
February 25,
2013
Michael Claassen
PO Box 237
Creston,
W A9911 7
Subject: Rejection
of
Response
to
Washiugton
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Claassen,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejectecL
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
"...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
f ilure
to
complete
and submit the
required
items listed in this section
may disqualif
the
Proposer from
jitrther participation
in this RFP
...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
failed to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposers Authorized Offer, Proposer Information,
Subcontractor
Infonnation,
Non-Cost
Proposal
and Cost
Proposal. Proposer
submitted an incomplete
and
vague response
and is thus deemed
non-responsive
and
rejected
from fUlther
palticipation
in this RFP.
Thmlk
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure
is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
tee to contact me
by phone
at
(360)
664-4526 or email at
jsf@ liq.wa.gov.
Sincerely,
a
John Far
ey
Procurement Coor
ec: K430 Contract file
3000 Pacific Ave.
SI:,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00006089
Norton. Melissa K
From:
Posted At:
Conversation:
zimanmit@msu.edu
Tuesday, February 05, 2013 8:34 AM
K430- No Official Name
Subject:
K430- No Official Name
To Whom It
May
Concern:
My
name is Mitchell Ziman and I am
currently finishing up my
last
Underg rad
class at
Michig an
State
University
for a Bachelors in Finance. I have a
steady job
at a Services finn in
Michig an,
but am
looking
to do
more than make a decent
paycheck.
I am
e-mailing
because of the recent Initiative
passed allowing
the
leg alization
of
marijuana--
I would like to
help.
This is not
g oing
to be a typical
stoner e-mail
beg g ing
for a
position
because
working
with weed would be "a
dream come true,"
but an admiration in what I believe is the
rig ht path,
and an
understanding
of what this fruit
can
bring
to the United States.
I am a current
Michig an
Medical
Marijuana
Association
(MMMA)
member and have been
apart
ofthe
Michig an
Medical
Marijuana reg istry
since
2010,
as well as an active member in numerous
compassion
clubs
throug hout Michig an.
I have come to realiZe there are
many
flaws with the current
system,
and I have
many
ideas to correct them. I have been an avid
prodcuer
as well as consumer of
Marijuana
since it was leg al
for
medical
purposes
in
Michig an,
and
my knowledg e
of the
product
is second-to-none. I have
devoloped
easier
methods of
g rowing , as well as manipulating
the
plant
to acheive the maximum
yield per plant.
I have
many
pictures
of
my previous endeavors,
and would be
happy
to
pass
those
along as the
interviewing process
continues.
I have ideas on how to determine
potency,
THC
levels, body vs head
euphoria, taste,
and an accurate
price
scale
to determine vendor and
producer price.
I have ideas on how to market
marijuana
in an
effective,
safe
way,
that
will discredit the old-fashioned
"pot
is a
g ateway drug
and
you
will die if
you
use it"
theory,
to a more
transcendent view that
marijuana
used in the
rig ht propOliions
at an
appropriate
time can be a safer alternative
to
drinking ,
and causes no harm.
I am 23
years
old,
and have been involved with the
Marijuana community
6
years now,
and have had
my
medicinal card for 3. I can
g ive
a
g enerational nnderstanding
of how
my peers
view
marijuana,
their
plans
for
producing
the
crop,
how much
they
are
paying ,
and what
they
view as the best
q uality.
I am
willing
to meet for
an interview,
send a
resume,
or can
g ive you
more infonnation over the
phone.
Thank
you
for
reading ,
Mitchell Ziman
(586)
604-2629
1
00006090
Norton. Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 12:01 PM
zimanmit@msu.edu
WSLCB RFP K430 -
Rejection
Notification
K430_Mitchell Ziman_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@!i
.wa.gov
1
00006091
Washington
State
Liquor
Control Board
February 25,
2013
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board (WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr. Mitchell
Ziman,
TIllS letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2, Preparation
of
Proposals,
states in
part:
" ...Incomplete
or
vague responses may
be considered
non,respon,
ve and
may
be
rejected.
Failure
to
complete
and submit the
required
items /isted in this seclion
may disqualij
the
Proposerjiom
.litrlller p rtiCipation
in this RFP,..
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
f iled to
complete
and su nlit the following required
items in
response
to RFP
K430:
Proposers
Authorized
Offer, Proposer h1formation,
Subcontractor Information, Letter of
Submittal,
Non-Cost
Proposal
and Cost
Proposal. Proposer
submitted an
incomplete
and
vague response
and is thus deemed
non-responsive
and
rejected
from futilter
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. TillS
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 or omail at
jsf@liq.wa.gov.
eo: K430 Contract file
3000 Pacific Ave. SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00006092
Norton, Melissa K
From:
Posted At:
Conversation:
nathan
jimenez <congressionalscholar@yahoo.com>
Tuesday, February 19,
2013 9:12 PM
Email mistakes
Subject:
Email mistakes
To whom it
may concern;
I have looked at
my
email in the sent folder for the
presentation,
and I noticed the email that was show
as
what was sent
by yahoo
the
presentation proposal
was
sent to
you guys
but
was
incomplete
and the
budget
numbers were off. I had worked on it in word with a dell
computer
with windows 8 in it then I transferred the
document to
yahoo
email. Yahoo had tricked
me to
go
from
yahoo
classic email to the newest version and I dont
believe
they
have worked the
bugs
out
yet sorry
about
that
please
let me know if
you
want me to send
you
another
presentation.
Also for
example
the historical
context is
incomplete along
with
demographic
segmentation
issues like what about the
marijuana
consumers that are run of the mill
regular people
that data
all of that data was
missing,
from the email sent
please
let
me know
though
that
gives you
a
good example
of the
proposal.
Thank
you
for
your
time in
regards
to this
matter.
Nathan Jimenez National
Congressional
Scholar
1
00006093
Norton,
Melissa K
From:
Posted At:
Conversation:
nathan
jimenez <congressionalscholar@yahoo.com>
Friday, February 15, 2013 1:59 PM
Marijuana consulting proposal
Subject: Marijuana consulting proposal
This is a Market
Regulation
and bid on how to Create and
implement
a Plan for the
implementation
of the Commerce and
regulation
of the sale of
Marijuana:
Integrated
Commerce Plan Ia.
Executive
Summary:
This contract that we are
seeking
from
your agency
as a
Marijuana Industry
Consultant
is one of historic nature in that
Washington
State
along
with Colorado have
legalized
Marijuana,
and with that electoral
process
we have the
grand
task of
setting up
a
framework,
and
process
of
regulation
and a taxation
system
to a
industry
that has even in
times
even
in Medical
Marijuana
states like
Washington
has
predominantly operated
as a
self
regulated
market and
mostly
in the black market. Weare now endeavored to now
create a
regulatory framework,along
with a taxation
system
that
bespeaks
the
spirit
of
the law in that
legal
intent of its framers which is to create a
legal system
that
regulates,
oversees,
and and
certainly
taxes the
Marijuana industry
in
Washington.
We have seen
that in
a time of a modern
day
elections a historic act that the
People
have
spoken
out at
the ballot box and have
legalized
the
right
to consume
Marijuana
in
Washington State,
and it is We the
People
who are
calling upon
the Government to create a
regulated legal
market for
Marijuana Consumption
while
recognizing
this historic moment and the call
by
the
People
for
your agency
to create a
regulatory
framework that is framework that is
fair and decent without
guile
without
special
interest but a fair and
just regulated
and
taxed market and area of commerce. Course as a
Oregon
firm we are not
subject
to
your
political
interests nor do we care about them other than
listening
to the issues ofthes
groups
and
try
to find the best solutions
we can in the
process
of
regulating
this Market
and area
of Commerce that we are now endeavored
upon
with
setting up
a framework of
working regulations
and
policies
that will
regulate
and tax the
Marijuana industry.
We
dont take sides on these issues in
Washington
it is
just
our intent to
bring
about a
working regulated
taxed
Marijuana industry
and to
help your agency
and the
People
of
Washington
state to create a fair, rational,
sensible
regulated system
of
commerce and
help your agency
set
up
a framework of
regulation
and taxation of this
area
of
commerce
1
00006094
that will be a model for the nation and the world. This is done in order to
get
this historic
act of
Marijuana legaliz ation right
and to be a model for the rest of the
country
a
lofty
calling
a
calling
that we would
hope
would indeed would be instituted in the
spirit
ofthe
framers of the
original
law. For if
we
go against
the
spirit
of the framers ofthis law it is
q uite possible
that ifthe Government doesnt
get
this
regulatory
process
correct the
framers of the
original
law will
go
back to the ballot box and fix the
problems
in the
system
in a
way
that
might change
the face of the
government
and
your agency
in
a
way
that wont be as amicable of
a
process.
Like
we have seen with alcohol. So with that in
mind lets work
together
to create a fair,
rational and sensible
approach
to
implementing
the
spirit
of the law
by properly regulating
and
taxing
a
industry,
that
through
the
course
of time has overall
regulated
itself with
very
few
legal problems
involved overall and
we
have seen this historic
precedent
in
our
history
of
Washington
State as
people through
the
course
of time have consumed
Marijuana
in the State of
Washington .
Even in
a
system
of Medical
Marijuana
we have seen few crime related issues with
Marijuana
overall and if there has been issues it tends to be with
people
that
are not
just dabbling
in
the
Marijuana trade,
but also
dabbling
in the black market and
trafficking
in
more harsh
illicit
drugs,
or other
illegal
activities. This is of
course not
withstanding Washington
States
general
issues of crime
being
out of control in
Washington
State but
we will
keep
our
scope
in
regards
to
Washington
State to
just addressing
the
security
and crime issues
related to
operating
in the
Marijuana industry.
We are not of
course
saying
that crime
isnt a issue at all we have found that
during
the course of
doing
business in
Washington
State this
past year during
the election
cycle
we were shocked at the extreme
degree
of
crime in
your
state and how it seems
relatively
unchecked this is a serious issue and of
course this was
part
of the
reason
why
I left
residing
the state of
my
birth and most of
my upbringing.
Course as a
consulting
firm
we can also
provide you
with
security
information and
analysis
which since there has been
relatively
few
Marijuana
crimes
by
themselves we want to
keep
it that
way
and
bring
down the
Marijuana
related crime even
further down. Course as a
Oregon
firm
having
done business in
Washington
this
past
year
we are concerned in
general
about the
high
crime rates in
Washington
State so we
for
sure are concerned about what to do about this and
how we can address these issues.
What
we can do to this
regard
is
help you
create a safe and
secure
industry
that
actually
brings
down the
concerns about the crime issues and the issues related to and around
just
Marijuana
crime in
general.
We have to
recogniz e
this fact and deal with it
accordingly
while
creating
a sound rational
regulatory process
that
properly
collects the taxes and
oversees the new
open legal Marijuana
market. While
doing
this in a efficient
way
that
allows for
proper
rational,
sensible
implementation
of
regulations
so that it
protects
the
government
from
corruption
and
corrupt
acts as well as
protecting, regulating,
and
overseeing
those who who are endeavored in the
Marijuana industry
so that
they
are also
not
subject to,
or
carry
out
any
sort of maleficence. While
creating
a
regulatory
framework and
government agency
that will
answer the call of
regulating
this vast
industry.
This
new area of commerce which we must work
together
to set
up
a
framework of
regulation
that will
truly
be
a model for the rest of the Nation. We would
even
go
further to
say
also
apply
to this
hemp
and the
regulating
of industrial
hemp
but
that is
something
different to consider as well.
2
00006095
This is where our finn
comes
in with our abilities and
understanding
ofthe entire needs
of
your government agency
and the fact that we understand the
security
and crime
issues, medical, recreational, engineered industrial,
food
aspects
of
marijuana,
as well as
the scientific botanical
cultivation, along
with our
firm also
having
the
ability
to handle
your
software, along
with the finance and insurance issues that also come
along
with the
new law we can meet all of
your agencies
needs as well as even all
processes
of
Marijuana biological
and
genetic
issues. We have the
ex pertise
to serve
you
in all these
issues and with
our
legal knowledge
as well we can
help
with
writing
law and
regulatory
policy. Along
with the activities of the
Marijuana industry
and our vast
years
of
ex perience
in the
industry
and our
proven
track records in business and the
Marijuana
community,
if
given
the
opportunity
we could do the
job req uired
to
help your
government agency carry
out this
grand
task of
regulating
the
Marijuana industry
in
Washington
state. Not
only
do we have
industry knowledge
and
working financially
viable and
profitability
ili the
marijuana industry
but with our work
ex perience along
with our
proper
academic credentials as well, we believe we can
provide you
with all of
your
needs as
they pertain
to
comprehensive
services in
creating a
regulatory
frame work
for the sale and tax ation of
marijuana.
We can also deal with the
public
educational
campaigns
needed around
Marijuana consumption along
with
understanding
of the
drug
treatment
aspects
as well. We can
provide
all the services
you
will need we have the
capacity
to
give you complete
and
comprehensive
services we have access to all these
professionals
that we
already
have a business
relationship
with as
part
of our firm
we do
all kinds of different areas of commerce and
consulting
with us
you
will know that
you
will have
your
needs met. We cant stress that
enough,
we have the
professional
ex perience
as well as
the academic credentials to back
up
our
Industry knowledge
and
our
industry
business
dealings.
I
myself
have been a
Marijuana
consumer since I
was a
freshman in
college
back in 1994
even
during
the time that I
was declared
by Congress
to be
a National
Congressional
Scholar I have been
a
Marijuana
Consumer.
I am a
legal
medical
marijuana patient
in
Oregon,
and a Medical
Marijuana patient
of
Timothy
Johnson for these
past years
as a
legal
medical
patient
these
past years
do to the
medical
necessity
of the need to consume
Marijuana
for the
management
of
my
chronic
illness,
which for
me it has been overall successful and
my
health has
vastly improved
and I am able to work and live a
fulfilling
life. Yet in the
past
of
being
a
Marijuana
consumer and now as a
legal
medical
marijuana patient
I have no
drug
convictions
because I
regulated myself,
like I said I have no
drug
convictions none whatsoever no
drug
offenses at all of
any type. Though
other
legal
issues that are
way
in the
past
and I
have dealt with and are
noloriger
issues for me and I have endeavored and have been
successful to have no current
legal
issues at all for
many, many years
in fact.
Timothy
Johnson one of the
leading
members of our
firm is a
living
descendant of a
pioneering
family
who settled in
Oregon
has no
pending legal
issues and
any
issue that he did have
were
minor if
anything
and
way
in the
past
and as a
Marijuana
consumer he has no
drug
convictions once
again regulating
himself. Tim Jolmson like I said is a member of one
of the
original pioneer
families that came to the
Oregon Territory, just
as I am a member
3
00006096
of a
pioneering
families of
Washington
State both
by marriage
and
by birthright.
I am
related
by
blood to the
Jamesons,
the
Bruyas,
the
Potters,
and
my
Jimenez
family
is on
the Historic
registry
for Peaceful
Valley
in
Spokane.
I do have some
political
connections do to friends of
family
and
past political
interests and
having helped
on
political campaigns
in the
past
like Maria
Cantwell, Patty Murray,
Former Governor
Gary Locke,
and Former Governor
Gregoire though
that was when she
was
Attorney
General and it has been
years
and
years
since
actually
2000nd that I
helped
on
any
political campaign
in
Washington
State I am also a Family
Friend of
Washington
Supreme
Court Justice
Fairhurst, family
friend and
campaign
worker of former
Speaker
Tom
Foley,
and
family
friend ofU Senator
Magnuson.
Course with that said I have been
a cultivator and a black market retail sales trafficker of
marijuana
and a consumer of
Marijuana.
While now
being
a medical
patient
of
Marijuana
to
properly manage my
chronic
illness,
I have remained within the bounds of the
law,
and as a National
Congressional
Scholar have written law and
policy amongst
other
political,
and
legislative
endeavors. While Tim Johnson who is one of
our Firms Partner consultant
members of our firm who was a
personal
friend of Jack Herer
along
with
being
one of
the
core
founding framing
member activist that wrote and then
passed
the
Oregon
Medical
Marijuana
act with a
truly grassroots
efforts
along
with
being
a
hemp merchant,
and medical
marijuana growers
in his current business endeavors while also
calling upon
his
past
fortune 500
corporate experience
to
apply
that to the current
marijuana industry
and he is
someone who with his academic credentials and
Degree
from Portland State
University
and his vast
medical, recreational,
industrial and scientific botanical
knowledge
of
Marijuana
and its
uses and
applications including
industrial
applications
would be a a true asset as a consultant to the Government of
Washington
State for
example
in this endeavor. Even his vast
knowledge
in business in
general
and
product
production
and
product
sales
experience
makes him
a vital resource of information and
ability
to
accomplish
this
goal.
Course
Timothy
Johnson vast business and
product
and
marketing knowledge
in
general
is so vast that it is
beyond
a
living
historic
resource
truly
a fount of
knowledge
that
your
Government institution could harness that infonnation. He even had
gone
to the
Netherlands to teach them how to set
up
their
system.
Our firm is able to
provide your
agency
with full
medical, security, engineering,
food
applications, industrial,
scientific
genetic
botanical
cultivation, legal writing
and
policy writing information,
software
development,
we can even direct
you through
the finance
aspects
of the
law, we can
truly provide
your agency
with
complete comprehensive
services for all of
your
needs
we can and have access to
professionals
that
we have a business
history
with that
we
trust and know
they
have results and with whom our firm has a solid track record of
doing good
honest
profitable
business with and have had no
problems dealing
with them
in the future our firm is able to
provide you
with
complete
and
comprehensive
services
like I
said, we can
also consult on the educational
campaigns
and
drug
addiction issue
counseling consulting
as well and
implementation
consultation services in all
Washington
State
municipalities.
We are also a
green sustainability
firm that
operates
out of
Oregon
so our
operational
costs are less and we are tax
exempt
in
regards
to sales
4
00006097
tax for our services since
we are based out of
Oregon yet
able to
legally operate
in
Washington especially
since between me and TimJohnson alone have held our business
licenses for a combined total of 40
years
both
nationally
and in
Washington
and
Oregon.
Not
including
the other members of our firmand their combined
years
of
experience
which would
probably
come out to a few hundred
years
of business
experience
if
you
added
up
all of the
years
of business
experience
all of members of our
Firmhave. We
also are not involved in
your political
process
in
Washington
State so we are not
beholding
to
any special
interests we want to work with
everybody
in order to
get
this
right
and
truly
create a historic model for the Nation and the World and of
course to
address
any
concerns that
people
or constituencies
may
have we are all in this
together.
Since we are a sustainable
company
we seek to be a
green
business that concerns our
selves with our carbon
footprint
and are able to travel to these
Washington
Municipalities
with the best and least
polluting ways possible
for
example taking
the bolt
bus or other forms of
transportation
we can
operate
and do our vehicles on biofue1s.
Those are
j ust examples
we are also able to do this in a affordable
way
do to our firms
vast resources. Which is another
reason
why you
would
pay
for
our
expertise
and hire
us
for
your consulting
needs. Like I have said we are also tax
exempt
in
charging your
agency
sales tax for our services.
lb. Overview:
This of course
brings
us to the overall issues
why
would someone or
why
would
your
agency
want to use us to
implement your programs.
The reason
being
is that if
you
care
about
actually getting
a fair and balanced reasonable
process
that will
actually properly
regulate
the
Marij uana, pot,
weed
industry
then
you
will
accept
our bid,
and if
you
actually
care about how Pot will stimulate customers and consumers and if
you truly
want to understand the client base
demographic segmentation
of
Marij uana
consumers
and their
usage
behavior then
our Firmis the one that
you
would want to hire if
you
want
to understand the customer consumers that
you
serve and if
you really
want to
properly
reach those consumers then
you
will want to choose
our
firm
we take a
intellectually
inclined rational sensible view of
regulation
and
acquiring
the taxes for the
government.
Of course also as stated before
fundamentally your agency
should
bring
about a sense of
rational and balanced
regulation
and a reasonable
approach
and
understanding
of
consumption
and
teaching people
a rational
approach
to
consumption
of
pot
if
your
agency
truly
cares about that then
your agency
would seek to instill a
responsible
useage
of
Marij uana
when
they
have the desire to make
purchase
intent in their mind. We also
have to consider of course the different
demographic segmentation
of
pot
consumers
their
pot usage
and
pot usage
behavior who seek information about further stimulation
by
the
purchase
of
marij uana,
and
responsible pot usage.
Also
by looking
at
marij uana
usage you bring
about a
proper
view of how to serve that
usage
of that
pot using
community
while also
having
a
mutually
economical benefits
by bringing
awareness of
proper
consumption
of
marij uana.
While
doing
this it is also about
making
the choice to
reach out to the stake holders in
Washington
in this
new
emergent
market of clients and
5
00006098
customers in this new
open l eg a l
usa g e
ma rket of
Ma rijua na
a nd
thereby ha rnessing
the
medium of
consumption
to ra ise ta x revenue. We ha ve to understa nd it is the
Peopl e
their a ct of
choosing
to be weed customers who ha ve a l ion sha re of economic
sphere
of
infl uence in the
industry
which is
trul y
shrouded in the a cts of the bl a ck ma rket a nd now
by bring ing
this to a
l eg a l reg ul a ted
ma rket it is our ta sk to
reg ul a te
a nd ta x this
seg ment
of the
economy, thoug h
we ha ve to rea l ize tha t it is the weed
consumers who
pa y
sa l a ries a nd who ra ise the ta x revenue
throug h purcha sing
of
ma rijua na
this crea tes a
certa in economic a nd
physica l porta bil ity
do to their fina ncia l resources tha t a re crea ted
in the
Ma rijua na industry.
This is
pa rtia l l y
do to the
economica l l y
susta ina bl e model s of
Ma rijua na . Ma rijua na
is a l so or ca n
be
a sel f
susta ining
or ca n be a sel f
susta ining
industry
tha t
a ctua l l y hel ps
with cl ima te
cha ng e
a nd reduces emissions
especia l l y
if
peopl e
in the 1-5 corridor
g row
in
g reenhouses
or if the
peopl e
west ofthe ca sca des in
the
Pug et
Sound a rea
g row
in
g reenhouses
ifthere is
enoug h
l a nd
being
cul tiva ted for
ma rijua na
this
mig ht
ca use a ca rbon sinkhol e a ct
a l ong
with the industria l
ca pa city
a nd
the
industry
tha t is crea ted from tha t. This is done
by
the
powerful a bil ity
of
ma rijua na
to
dra w ca rbondioxide out of the a ir a nd
producing oxyg en
which is
a ctua l l y
wha t the
skunky
weed smel l comes from the
ma rijua na pl a nt a ctua l l y producing s hig h q ua l ity
oxyg en.
It is these customers these weed smokers tha t
They
invest their
money
a nd who
use a nd crea te revenue off of weed in
a
wa y
tha t ma kes it sel f
supporting
this
puts
money
a nd
ma rijua na revenue for
peopl e
in
a
position
where their
money
a nd the
money
they
ma ke off of weed works for
them, course this is
something
to consider a nd how do
we dea l with
tha t,
a nd
they
ta ke their
money
a nd their weed with them where
they g o,
a nd beca use of tha t
they
wa nt
g ood q ua l ity pot
tha t crea tes a sort of
ca pa bil ity
of
porta bil ity
for
peopl e
this
mig ht
a l so be a issue of
reg ul a tion
beca use a l ot of out of
.
sta ters wil l come to
buy ma rijua na
a nd ta ke it out of the sta te to
pl a ces
l ike New York
City
or Mia mi Fl orida where
they
ca n sel l a ounce for a l most 2000nd dol l a rs. For
very
hig hq ua l ity ma rijua na
of
course.
If
you trul y
a re concerned a bout
being
a bl e to
reg ul a te
your
services tha t
your org a niza tions provides
with a
hig her
l evel of services to
customers with a ra tiona l
a pproa ch
to
reg ul a tion
then a certa in a mica bl e form of
reg ul a tion
must be
put
forwa rd. For it is this
type
of
prog ra m
tha t is sensibl e a nd works
within the rea l ms of
rea l ity
of the
industry.
Our firm
ca n
provide you
with these services
you
wil l wa nt to be a bl e to
properl y
serve
the weed
customers,
beca use wil l need tha t
l evel
hig h
l evel of customer service
especia l l y
if
they
a re a
pot
connoisseur l ike me if
they
tra vel a nd consume
ma rijua na
where
they g o
a nd know wha t
g ood pot
is then
we
must be a stute with their fina ncia l intera ctions a nd
ra ting
of
ma rijua na .
If
you
wa nt to
properl y reg ul a te your
services who better tha n our firm to serve
your
needs in this
endea vored
prog ra m.
Then a l so
eventua l l y by
the time fra me of
your impl ementa tion
timel ine, we bel ieve we ca n do the
job
better tha n
a nyone
out there do to our
professiona l ba ckg rounds
a s wel l a s a ca demic
expertise
a nd it is the
professiona l
expertise
in a l l these a rea s of the
ma rijua na industry
tha t
we ca n
hel p you
with. We need
to l ook a t how we ba l a nce services to our weed customers in
a
wa y
tha t
properl y
crea tes
a sense of
proper usa g e
a nd how ca n we crea te
fina ncia l l y
sta bl e
l eg a l
ma rket a s
pot
smokers whil e
a l l owing
for
peopl e
to
eng a g e
services
by purcha sing
weed to smoke
or
ea t or consume
in other
wa ys.
We ha ve to l ook a t how we crea te this
emerg ent
ma rket of
6
00006099
the
marijuana industry
and how we
put
these
pol ic ies
into
pl ac e
whil e al so
engaging
in
ac tivities that
trul y
shows that
they
c are about the
wel l being
ofthe
l oc al ,
state
c ommunities and
body pol itic
and how
marijuana usage
wil l effec t the
c ommunity.
As
a
professional
firm We c an do that. We c an al so
hel p
c reate a
system
that wil l
serve as a
tax revenue market whic h
trul y puts
these abil ities in the
open publ ic
arena of what and
how muc h
peopl e
are
real l y spending
money
to c onsume
marijuana
and how
peopl e
use
their
poc ket
books to
purc hase marijuana
and
real l y
where
peopl es
ec onomic
resourc es
are al l oc ated. This
gives
us the
opportunity
to
real l y
see how
they trul y
show what
they
most c are about as it
pertains
to
potenc y
of the
pot
and
smokeabil ity, al ong
with
affordabil ity
and how muc h
peopl e
are
wil l ing
to
pay
for
good
weed. It is these fac tors
that we al so must c onsider and how we reveal how
peopl e
c an take a wise
approac h
to
marijuana usage.
That is al so
apart
of the
grand responsibil ity
of this endeavor of
c reating
a
l egal
market
pl ac e
for weed. We have to
ask,
oursel ves how suc h a ec onomic
market endeavor must be
pl ayed
out with the c onsumers in mind and how we c an
promote proper usage
there are al ot of
peopl e
for
exampl e
who dont
properl y
even know
how to smoke a bowl of weed out of a
bong
as that
pertains
to
proper bong
weed
smoking tec hnique.
WE have to l ook at how we bal anc e this market how we meet the
needs ofthe c onsumer and
yet
c reate a
proper regul atory
frame work so its done
right
the
first time so we dont have to
go
bac k to make muc h
c hanges
and
espec ial l y
not
put
oursel ves into a
position
where
spec ial
interests
c an c ome
ih and
put
the whol e
system
into fl ux l ike it was done with al c ohol . We al so
want to
get
this
right
the first time
so if
there are unforeseeabl e issues that do arise
or rear its
ugl y
head for
we c ant
put anything
past peopl e
we c an
just simpl y just
fix those issues and tie
up
the l oose ends as it where.
Course with that said we must
pl an
for
any possibl e l oophol e
or
c ontingenc ies
that
peopl e
c an think of to skirt the l aw amd avoid the taxes. We must make that
grand
rational
attempt
to meet the needs ofthe
peopl e
and set the standard for the nation. We
have to insure safe ac c ess and
proper usage
of
pot produc ts
to those kinds of
peopl e
who
enjoy
the
c onsumption
of weed. For that reason
you
wil l want to be use or Firm for these
servic es. We have
c ompl ete
and
c omprehensive knowl edge
of the Weed
Industry al ong
with business and ac ademic
appl ic abl e understandings
and real worl d
profitabl e
business
appl ic ations.
If
you
are a institution that
trul y
does c are about
interac ting with,
and
shaping
what is
transpiring
in the
c ommunity
and institutions of
government
as it
pertains
to the
regul ation
of Weed whil e
raising
tax revenue that
hel p supports
the states
endeavors. Then
you
wil l c hoose to do business with our firm. When
you
dec ide that it is
in the best interest to take a take a
position
that
rational l y supports
the
agenc y
and its
abil ity
to
regul ate
the weed
industry
and c reate tax revenue then
youre going
to want to
ac t in
a
way
that
supports
that
c ommunity
in
a rational and sensibl e
way
we bel ieve with
our
hel p
this c an be ac hieved. This c an be done
by rel ying
on our
c omprehensive
professional expertise
as a
c onsul ting
firm. This of
c ourse has some tax benefits do to
this bec ause to bec ome a
agenc y
that
regul ates
suc h
a
industry
and seeks to c ol l ec t taxes
then
you
c an
trul y
l ook at how
you
deduc t tax revenue
from suc h a
industry
whic h we as
a
Firm see
primaril y
that this Weed
l egal iz ation
is
primaril y
a tax revenue
piec e
of
l egisl ation
whic h c omes with the
expense
and c ost of
doing
business in suc h a
industry
bec ause
primaril y
as a func tion
we see this as a matter or
real l y being
a tax revenue
7
00006100
business for
Washington
State and that is the
expense
of
doing
business in the weed
industry .
From these
positions
we see that this would allow us to obtain at least wide and
broad sense of how we can direct the market as a
regulatory
function and tax revenue
enhancement
agency
that seeks to oversee the
marijuana industry
various
Washington
municipal
markets. We will be
properly examining
market trends and behavior and
endeavor to set
up
a rational framework of
regulation
for such a
political
endeavor and
we can look at direct market trends in the
open legal
market which will result in
a clearer
picture
of what is
truly transpiring.
For
example
a
major marijuana
or medibles
manufacturer
prognosticates
that there will be
possibly
250 million dollars alone in
revenue out of
Washington
State alone and
they
made this statement on
Nightly
business
report
on
public
television. So with that
example
it
goes bey ond
current
figures
while
this is for
example
is a
projection
done
by
a
industry person
in the
marijuana
food
industry
a
leading
business
entity
in the
marijuana
food
industry
based out of Colorado.
The for
example
are
looking
to also locate a
manufacturing operation
in
Washington
State. So as a
result
we will be
looking
at how we can
regulate
and
manage
the
open
industrial market of
marijuana
consumers as
demographic segmentation pool
and how
markets that will and can be
regulated
and taxed. With that said we seek to hear all
impute
on these issues to hear from
y our agency
to hear from other
industry people
and
how
they
want to see the
industry shaped though
we have to be careful because we have
to
alway s
look at where the interest of certain constituencies lie do to the fltct that there
is alot of
money
involved in the
marketing
and sale of weed
products.
We are
looking
to
regulate,
serve and more
importantly
tax the
average
consumers all the
way up
the
scale to the
pot
connoisseur weed consumers. This is of
course a broad market niche
prospectus
in order to
present y ou
with a initial
presentation
to bid for the
consulting
.
contract.
SITUATION ANALYSIS:
!la.
Industry Usage
behavior in
a Historical Context:
The Historical Context of what is and has
truly happened
in the
marijuana industry
is that
primarily
it has
operated
in the black market even
though we have seen
many
states become
medical
marijuana
states. Even
though
there
are states with
municipal legal
medical
marijuana
laws with the confines of different states boundaries around the
country
marijuana growers
have overall cheated
patients
of there medical
marijuana
for
example
there
commonly growers
will
commonly give patients
2 ounces
per
month if that to
consume as medicine to alleviate their
sy mptoms
of their chronic illnesses which
gives
them
the reason
why they q ualify
to have medical
marijuana
but even
though
that is the
case their
growers
there medical
marijuana providers
have still cheated their
patients
out of
marijuana
as
medicine and have turned to
selling
the
excess to
people
on the black market. For
example
on the
average
like I said some
patients
if
they
are
lucky
and have a
generous
grower provider
then
they
are
lucky
that
they get
2 ounces a month,
but then the
grower
sells the rest of the
marijuana
to other
people
on the black market. On a
average
a
marijuana
plant
can
y ield up
to 5 ounces
per plant
that of course is a normal sized
plant say
at the most
8
00006101
6 feet tall and
say
5 feet wide now mind
you
that is a
generous purportion
size for a
marijuana plant
alot of states have
height requirements
or
they
limit the amount of
plants
for
example Oregon only
allows 6 mature
plants
per patient
and a
grower
in
Oregon
for
example
can have
up
to 4
patients.
So
you figure
that on a
average
a
patients crop
of
marijuana
that the
grower
has the
right
to
grow
for that
patient
and is
suppose
to
give
to the
patient
can be at on a
average
maximum number of
say
28
ounces
per crop prices
of ounces
may vary
via
geographic
area for
example
here in
Oregon
for Real Jack Herer Blue
berry
weed or Blue
Berry Marijuana
that can
go
for
up
to 350 a ounce or
say
at the most for
really
stoney
weed
meaning really high potent
Real Jack Herer Blue
Berry marijuana
it can
go up
to 400 a ounce. Jack Herer Blue
Berry
is what is
commonly
know as a form of
Purple
Kush
it s
a strain of
marijuana
which the buds of the
marijuana
are
purple
in color or have
purple
coloring
in the hairs of the bud or in
marijuana lingo
the keefbut what is
really
the
pistils
of
the
plant
or Female
reproductive part
of a FLOWER ofthe
marijuana
bud.
Centrally located,
the
pistil typically
has a swollen base called the
ovary,
which contains the
potential
SEEDS
(ovules).
The stalk
(style)
arises from the
ovary
and has a
pollen- receptive
tip,
the
stigma,
which is
variously shaped
and often
sticky.
There
may
be
a
single pistil,
as
in the
LILY,
or several to
many pistils,
as
in the BUTTERCUP. Each
pistil
is constructed of one
to
many
rolled leaflike
structures,
or CARPELS. but the keef or the hairs which are the
pistils
ofthe
marijuanaplant
in Jack Herer
Blueberry
for
example
or
any marijuana
bud in
general
cause the bud of the
marijuana plant
or the flower of the
marijuana plant
is
purple
which of
course not all
marijuana
is
purple
Kush but for it to be
purple
now
in the case of Jack Herer
Blueberry
these can be
purple
and are
naturally purple
and if it is
high potency
or
stoney
marijuana
or weed then
prices
can start at 350 and
go upwards
of 400nd a ounce but if
a out
of stater with a
good
weed connection or
good relationship
with a
grower
or dealer this out
of stater can
buy
some Jack Herer
Blueberry
and turn around in sell it in
places
like
Florida,
New York
City,
or even
in Texas where
they primarily
have Mexican dirt weed
Jack Herer
BlueBerry
can
go
for
upwards
of2000nd dollars a Olillce do to the risk in
trafficking
in the
marijuana
trade in these
places
because the laws are so strict and so the
legal danger
is
high
and makes it rather lucrative but even
for the
potency
and the taste of
the
blueberry
weed for
people
to take the risk
they
are
willing
to do it to consume
marijuana
or make that
money.
So
say
a out of stater
buys marijuana
some Jack Herer
Blueberry
at
say
425 a ounce of
high potency
Jack Herer
BlueBerry
and sure its
purple
it looks
good
it tastes
like blueberries then
they
can turn around and sell what
they bought
for 425and sell it for
2000nd a ounce and thats
ifthey
want to
just get
rid of the
ounces themselves and not break
it down into smaller
portions
like
eights
of a ounce which
commonly goes
for
say
40 dollars
for
say
3. 5
grams
or
commonly
even more for that at least at times for Jack Herer
Blueberry
it can start the
prices
at 20 dollars a
gram
so we are
talking
at least 60 dollars for a
eighth.
So if
they
can sell the entire ounce
for 2000nd
a ounce mind
you
some of these market
figures
are
actually going
for these
prices
but even these out of staters alot of
growers
are
turning
to out of stater customers because
they
can
get
600 to 700 for such strains and still
the out of stater sells it for 2000nd a ounce
they
can break that down into
smaller
quantities
and sell it for much
higher price per gram
which is a natural if
people
want to make a ton of
money
on that but there of course is more risk involved with that so
commonly
these out of staters will
buy
the
ounces and sell the ounces to a retail
dealer, a
street dealer or
say
in New York
city
or Miami Florida to a
bodaga
which is like a front
9
00006102
store or business for
a c tua l l y
a
il l eg a l ma rijua na d ea l ing
or sa l es esta bl ishment. The out of
sta ter tha t
boug ht
the Ja c k Herer
bl ueberry
for
exa mpl e
a t 425 a ounc e or even 700 a ounc e
ifhe
g reed y
he wil l brea k it d own himsel f a nd sel l it for a ton
per g ra m
or ifhe d oesnt wa nt
to ta ke the risk he c a n sel l it to a
bod a g a
l ike I sa id or to a
reg ul a r
d ea l er mom a nd
pop
d ea l er who d ea l s out of their home or l ike in New York
City
to a
sa y d el ivery
servic e the
out of sta ter
buy s
a t 425 or even 700 a ounc e I know
peopl e g rowers
in
Oreg on
who sel l to
Fl orid a a nd
g et
800
a ounc e for
Purpl e
Kush a nd sel l s it to one of those esta bl ishments for
sa y
2000nd a ounc e then
they
brea k it d own into sma l l er
q ua ntities
a nd sel l it for
sa y
a t l ea st
a minimum of20 d ol l a rs a
g ra m
for
exa mpl e
but of
c ourse
if
they
a re
brea king
it d own to
sma l l er
q ua ntities
then
they
a re
sel l ing
it for muc h muc h more tha t is a
exa mpl e.
Of
c ourse
Purpl e
Kushes c a n oc c ur for
possibl e
four rea sons
sa y
it c oul d be c a used
by hig h
c a rbon
d ioxid e
c onsumption by
the
pl a nt
whic h mea ns tha t in the
proc ess
of
photosy nthesis pl a nts
need to inta ke c a rbon
d ioxid e,
a nd then
they
ta ke tha t c a rbon d ioxid e a nd turn it into food
a nd fuel for the
pl a nt
to
g row strong
a nd then
by d oing
tha t then the
pl a nts
turn tha t into
oxy g en.
Or a
ma rijua na pl a nt
c a n turn
purpl e
d o to
exposure
to frost whic h c a n d o
c ra zy
thing s
to a
pl a nt
a s we a l l know but in this c a se with
ma rijua na
it c a n turn the
pl a nt purpl e,
or it c a n be a na tura l
g enetic proc ess
a nd c ol or with the
pl a nt.
Course
nowa d a y s they c a n
a l so
put
c hemic a l s into the
pl a nt
a nd a l so turn it
purpl e.
However with Rea l Ja c k Herer
bl ueberry
the
ma rijua na pl a nt
is
g enetic a l l y purpl e
in c ol or a nd
a c tua l l y
Ta stes when
smoking
or
ea ting
it l ike bl ueberries. So when
y ou
a re
c onsuming smoking
or even
ea ting
Ja c k Herer
Bl ueberry
it
a c tua l l y
ta stes l ike bl ueberries. Now
d epend ing
on the
potenc y
of
the
pl a nt
whic h is d etennined
by sa y
the a mount of fertil izers a nd nutrients tha t the
pl a nt
g ets
a nd its c a rbon d ioxid e inta ke whic h it turns these
pl a nt
food into fuel to
g row
a nd
prod uc e
a nd in
some c a ses exc rete THC but in the c a se of
sa y
Ja c k Herer
Bl ueberry
it ta stes
l ike bl ueberries when
y ou
smoke a nd or ea t it. Now suc h a ounc e of
bl ueberry
c a n
g o
for
l ike sa id on the street for 350
per
ounc e here in
Oreg on c ommonl y
it sta rts a t 450 a ounc e in
Wa shing ton
bec a use the
q ua l ity
of
ma rijua na
isnt a s
g ood
a nd
now
sa y
for
hig h potenc y
bl ueberry
it c a n
g o
to
up
a round 500 in
Wa shing ton peopl e g o c ra zy
for weed l ike tha t in
Wa shing ton
sta te a ounc e but
sa y
if a out of sta ter ha s a c onnec tion he sel l s it to his reta il
d ea l er for 2000nd a ounc e a nd then the reta il d ea l er sel l s it for muc h muc h more. Now these
out of sta te
peopl e
c a n
be
just reg ul a r l ooking peopl e,
some a re
sa y
a re
g a y
ma fia the
g a y
ma fia ba c k ea st ha s tried to
g et
a food hol d with c onnec tions in the
ma rijua na ind ustry
here
in the Pa c ific
Northwest,
a l ot of them a re ba sed out of New York or the
ma jor
c ities on the
ea st
c oa st, SOme
of the
g a y
ma fia
peopl e
tend to
g et
their meth from Col ora d o a nd
they
wa nt
to c ome here to the Pa c ific Northwest for better
q ua l ity ma rijua na
or
sa y they
c a n be
Mexic a n
d rug c a rtel s, or from Fl orid a Cuba n
ma fia , or Ita l ia n ma fia
thoug h now tha t New
Jersey
is a med ic a l
ma rijua na
sta te
they
tend to
open up opera tions
there but then it is
very
ha rd to
g et ma rijua na
a c ross the sta te l ines of New
Jersey
a nd New
York,
whil e
y ou
ha ve
the Irish ma fia
now tha t Ma ssa c husetts is now a med ic a l
ma rijua na
sta te
a l ong
with other
New
Eng l a nd
sta tes so the Irish Ma fia a nd the Ita l ia n ma fia
fig ht
a nd a re in
c ompetition
with ea c h other for
ma rijua na sa l es, or
y ou
ha ve the Russia n ma fia
thoug h they
tend to
import Afg a ny
Kush a
ty pe
of
ma rijua na
[rom
Afg ha nista n they
a re a l so
pa rtic ipa ting
in the
il l eg a l ma rijua na tra ffic king
business. Then
y ou
ha ve bikers now sed a ted hel l s
a ng el s
tha t
a re
a l so
eng a g ed
in the
Ma rijua na
tra d e a round the
c ountry
but for
some rea son
they
l ove to
put a g a ve
nec tor into their weed whic h ma kes it smel l l ike a
pine
tree a nd a l so ta ste kind a of
10
00006103
piney,
these
are of course
generalizations
that I have come across in the
marijuana ind ustry
while for
example they
used to d o business out of a lake resort in
Washington
state one of
the best bass
fishing
locations in
Washington
state.
They
would
pick up
their
marijuana
at
that location and rid e their
motorcycles
and sell and
consume it all over the
country along
highways
or
go
to these
d epot
locations biker bars or biker locations and sell the
ounce
they
got
here for more back east or in other
parts
of the
country.
This is still
going
on as we
speak
course the Italian and Irish Mafias have been in conflict for
many many years.
The
Russians tend to d o business with the Italian
mafia,
the Russians tend to embezzle
money
for the Italian mafia. Where for
example
these are all real world occurrence I have met these
kind s of
people
and have d iscussed business
arrangements
with thembut I have not d one
business with themit is not wise to d o business with such
potentially
violent
people.
Sure
Marijuana
consumers tend to be relaxed and chill
people
but these mafia
types
still have the
potential
to be murd ers in fact I have had both Russian mafia
people,
and Italian mafia
people
offer to me if! ever need ed to have someone murd ered
they
would take care of it for
me which if!
was to d o that I would be
contributing
to murd er and I would owe such horrid
people
a life d ebt. With that
they
can extract
anything they
want from
you.
Now mind
you
these
are extreme cases of course. Most out of out of staters tend to
just
be
regular
business
people
or
people
with a little bit of
money
who want to
get
ahead
quickly
and then filter that
into a
legitimate
business now mind
you
back in the 90s
people engaged
in the
Marijuana
trad e
people
who
really
lmew how to
grow marijuana
either
got
arrested for
trafficking
in
Marijuana,
or
they
used the
money they
mad e and
put
it into
legitimate
business
ventures,
while other
say just stopped d oing it,
it became to much for themthe
lifestyle having
to fill
marijuana
ord ers or the stress ofthe maintenance ofthe
plants
or
they
went onto other
things d epend s they got caught
or
they quit d oing
it or
they
used the
money
into other
business ventures. It all
d epend s
now with
marijuana
and its current med ical
marijuana
legal
framework
people
are still
d oing
these
things
but now are able to
legally grow,
however
they
are still
d ealing
with either these mafia
people,
or out of staters or
they
are
selling
to weed d ealers
they know, or even
fronting
it themselves. Some if
they
have a
good
relationship
with these clubs or
d ispensaries
are
selling
weed to thembut the clubs or
coops
like
you guys
have in Seattle are
highly
selective or have the air of
being highly
selective
which I have found that
they really
d ont have
good marijuana
sure it looks like
good
marijuana
but the smell makes
you
want to throw
up
and the
potency
is
week,
its all
pomp
and show but no substance in the bud which I have
gone
to alot of these
pot
clubs
marijuana
clubs in
Portland , gotten
alot of weed from
people
and I have been to some of the
ones or
d ispensaries
or
coops
in Seattle as well. At
hempfest
when we were
there
as vend ors
selling
jewelry
cloths and
hemp
stuff alot of the women tllat work at these clubs hosted them
some
ofthese clubs or
coops
or weed clubs
d ispensaries
or whatever
you
want to call them. Here
in
Oregon
we have
marijuana private
clubs
they
hire these beautiful
women to
get
these
people
into the clubs to consume
marijuana
however I was not
impressed by
the
marijuana
that I saw and consumed in Seattle. Sure it looked
good
but there was no substance.
Though
crime in Seattle is
generally
out of control we have seen.
Washington
State has become
a
lawless state the crime need s to be better
managed
there. Then of course
you
have
just your
run of the mill
hippies,
that like to smoke
green
bud
they ight buy
ounces for themselves
and to make a little extra
money selling
it on the sid e to
pay
for their next ounce and for
some extra
money vegan
food can be
very expensive.
Or these
hippies they grow
it
11
00006104
themselves and sell a li ttle on the si de for extra
money
and
they
can do that wi th the loose
leg al
medi cal
mari juana
framework there i n
Washi ng ton
state. Alot of
people
that are
mari juana
consumers
i n
g eneral
i f
they
arent
just buyi ng
i t out
ri g ht
from
people
from
dealers or
people they
know i f
they
are not medi cal
pati ents perhaps they
are
buyi ng
i t from
other medi cal
pati ents
or clubs i f
they
are medi cal
pati ents
are
usually consumi ng
what
they
pay
for and then
maybe
for a few extra bucks
they
wi ll sell a
nug
or one bud of
mari juana
for some extra
petty
cash li ke one
hug e nug
or bud
mari juana
bud can
g o
on the street for 20
dollars even
i f i t i s under a
g ram
all i t has to do i s be close to a
g ram depends
on the
person
and what
catag ori es they
fall i nto thi s of course i s. There i s all sorts and ki nds of
mari juana
consumers
you
have the
typi cal
person
that
just
li kes to
g et hi g h
to
g et stoned,
there are all
ki nds of
consumi ng
behavi or I am
just menti oni ng
a few
lIb.
Industry Analysi s:
We have to look at who our
demog raphi c seg mentati on
ni che i s as
pot consumers,
and
locally
whi le also
recog ni zi ng
who are
competi ti on
i s. Of
course some would
say
These
prog rams
are
of
course si mi lar
styles
of
communi ty
i ssued
prog rammi ng ,
di scussi on on
poli ti cal acti vi ty,
So thats the basi s of
our
Industry Analysi s
and exami nati on of the
i ndustry.
Course thi s market has
pri mari ly operated
i n the black market
along
wi th
pri mari ly bei ng
self
reg ulati ng thoug h
at ti mes cri mi nal i ssues are rai sed whi ch we must
look at these
securi ty
and
publi c safety concerns,
whi ch further makes i t even more
i mportant
to
properly reg ulate
the
mari juana i ndustry
weeds
portable
nature. However
thi s i s di fferent and
really
thi s i s new fronti er i n
reg ulati on
of a
i ndustry
how li ke i n the
ti mes of Prohi bi ti on to we take
somethi ng
that has
operated
i n the black market for
so
many
decades and
bri ng
i t i nto the
li g ht
wi th a
transparent
clear
process
of
reg ulati on
that
supports
the
concepts
of
bei ng
a nati on and a state offai r and
just
laws. We hae to
look at the
type
of
prog rams
and
reg ulatory
framework we set
up
and look at how
Washi ng ton
States
Mari juana reg ulati on
prog ram
can be used as a model wherever
they
want to i nsti tute such laws
anywhere
i n the world our thi s
reg ulatory
framework
prog ram
of the weed
i ndustry
that
Washi ng ton
State endeavors to create
hopefully
wi th
our
help
and advi se
as a
fi rm
we can set forth
poli ci es
that show how i t can
truly
be
created as a
g overni ng system
of a ni che market of
consumers
of weed and how we
reg ulate
and tax such a
i ndustry
and how that can
successfully
rai se revenue for the state
and create
jobs.
To set forth
a endeavor to
g et
i t
ri g ht
and be a model and
shi nni ng
example
for the
country
and the rest ofthe world i snt confi ned to a
g eog raphi c
area
because of the call of
posteri ty
and how we can set forth
a framework for the
ag es.
We
are able to meet all needs i n thi s
process
wi th our
professi onal backg rounds
i n the
i ndustry
and i n busi ness
we are
prepared
to
help you put
these
prog rams
i nto
place.
Wi th thi s
process
i t can be
a
model that wi ll set the standard for the nati on and be taken
anywhere
thi s i s a
portable process
wi th the
abi li ty
of
people
to
just pi ck
what
ever ki nda
weed
they
want wi th the
hope they
consume weed wi th a fai r and
responsi ble
recreati onal use whi le also
hopi ng
to
perserve pati ent
access to
mari juana
for medi cal
purposes
to those who have
q uali fyi ng
medi cal condi ti ons to meet the cri teri a to be
consi dered as medi cal
mari juana pati ents
as well.
12
00006105
.1Ic. Market
Analysis, Through
a Market Niche and
Demographic Segmentation
Analysis:
Those
demographic
numbers have a
,
but
vary
from
county
to
county
and from what we
believe to be our
potential regional spill
over but
primarily
focused in the State of
Washington including potential
Weed tourist and the
great
weed
migration
that is
already starting
we have heard alot of business
people
have left from Texas to
Washington
for
example.
We have to also consider how
demographic segmentations
carry
out
consumption usage
in
Washington
and in other
states,
and nation wide which
realistically
could be those who are consumers from other states or
j ust
recreational users
or medical
marij uana patients
whether
they
be
working
disabled
people
or disabled
people
unable to work we see all sorts of form of
potential
customers from areasfrom
other states nation wide based
upon
election data
along
with what would be a based
upon
data of
potential
consumers do to someone
gleaning marij uana consumption
in the metro
areas and other states nation wide. The
potential
of all of this is
oustounding
because
we
have
primarily
had this
industry working
in the shadows and not in the
legal public
framework that
we are
going
to work towards since
Marij uana
sales are
legal.
The
demographic segmentation
of that which is of within this
consumption
market varies
from individuals but there are
general divergent
groups
of
people
that behave certain
ways
of course. For it is these different
groups
of consumers that fit overall into a
general Demographic Segmentation
of
marij uana
smokers in
general depending
on the
type
of
person they
are fit into these use behaviors of the Potential customer within the
state
Demographic Segmentation
of within the
regional
metro area is a Potential
Consumers that
might
be
very
lucrative but still fits into these
demographic
segmentations.
Course
marij uana consumption
crosses all human
boundaries, race
wise,
religiously,
economic
stratification, disability
it doesnt matter sure within these
groups
these
segmentations
behave a certain
way
in their
marij uana consumptive
behavior. Course I am
taking
a educated
assumption
and
discussing
the
things
that I
have observed
through
these
years
of
doing marij uana business,
and that is
why
I am
aware of what is
transpiring
in the
marij uana
markets based
upon my years
of
experience
and
dealing
with
people
in the
marij uana industry.
lId. Consumer Breakdown:
We believe that our
niche market
demographic segmentation
consists of those who
already
consume as well
as those
people
who We also believe that our
demographic
segmentation
consists of
people
who are educat
d, registered
to vote and tend towards
being
more liberal however that isnt
always
the
case, along
with some
independents
type people they
also tend to distrust the
government
as well but democratic
leaning,
and
specifically
we
break the
demographic segmentation
down from those numbers who
within the State and
County
areas and the
general Puget
sound Metro area not
including
people
who have and do
come
from other states nation
wide,
these
people
drive
up
costs
13
00006106
for our citizens but
they
are entitled to travel
freely
and
enjoy
what
Washington
has to
offer. Which consists of about a
p otential
market
demograp hic
of
p eop le
who are as well
as
indep endent
who are democratic
leaning
and who are educated within our
regional
metro
areas,
not
including
other states nation wide. Those
demograp hic
numbers have a
changed
and we will see a influx of
use but the
novelty
will where
off,
but
vary
from
county
to
county
and are influenced from other
p eop le
who come into the state from
other
p laces
nation
wide,
and around the
world,
and from what we believe to be our
p otential marijuana
consumers within the State and
regional
area as well as other states
nation wide do to the fact that weed tourism is
already starting
which could account for a
large segment esp ecially
those
p eop le
who seek to
p rocure
weed from
Washington
to
take back to other states. Of those
p eop le
and those who that are
democratically leaning
towards
trying
and
consuming
do to the
ability
to
legally
obtain it with no
comp lications
that are
first time users
just
for the
novelty
from
a minimum of
p ercent
of those numbers
to as much as of the
p otential
consumer
p rojections
based
up on
election data estimated
revenue do to the
p ossible
clear unknown factor of
truly
how unknown how
large
the
black market is even
in
a Medical
Marijuana
state like
Washington
was do to this
being
a
issue of
consump tion
that we have seen how
p eop le legally op erated
as medical
marijuana p atients yet
how that weed has
gone
from
belonging
to the medical
marijuana
p atients
to
being
filtered into black market
consump tion
of
marijuana along
with what
would be
a minimum of of based
up on
election data
p ossible correlating
cross economic
and cultural lines income issues and how
legally
able to
grow
with a current
legal
medical
marijuana growers,
and how that will translate in to
regulated
and taxed income.
The
grand
total of
p otential
consumers
in the State and in
our
general
our
region
would
be
huge
at first but will
tap er
off to
just regular every day consumers,
but the
p otential
demograp hic segmentation
of which does not include other states and
p eop le filtering
into
Washington
to consume
Marijuana
and
p otential demograp hic segmentation
in other
states nation wide. Grand Total of
p otential
state
county consump tion roughly:
is indeterminate of
p eop le
because it still
op erates
in the black market
p eop le
in the
metro areas.
Demograp hic Segmentation
of the which is
Demograp hic Segmentation
of
which is a matter for Weed consumers within our
regional
metro areas is
grand p otential
marijuana
that consumers are within abilities to
legally get marijuana
rather than their
current methods
esp ecially
if
you
have
working
disabled
p eop le
or disabled
p eop le
to not
work
p atients
need access to
marijuana.
lIe.
Comp etitor:
We feel that our main
p ossible comp etitors
for this contract are rather
lacking
in
comp lete comp rehensive knowledge
of the real world
ap p lied comp uter
software
knowledge, security knowledge along
with
p rop er
full
marijuana industry knowledge
with real world
working
revenue
creating
business economic model
knowledge
and how
to
ap p ly
that in the real world like
we do as a business
p rincip le,
nor do our
comp etitors
have as far as we
know
p rop er
academic credentials
along
with
p rop er, biological
and
botanical cultivation
exp ertise
dare we
say
it most of the
p eop le growing
weed in
Washington
are
growing shwag marijuana
not even suited to even feed a
p ig
in
my
14
00006107
opinion,
weknowthat our
competitors real l y
do l ack the
proper temperament
and
character ofthosewho l ike
us are
intel l ectual l y incl ined, nor do
they
havethe
pol icy
abil ities and
l eg al writing
abil ities nor do
we
feel that
they
are
properl y
educated or even
havethereal worl d
process
of
actual l y deal ing
with
peopl e
in the
marijuana
consumption
market in a honest and
open way they
havesomesort of
ag enda.
Wehave
al so seen how
peopl e
in the
marijuana industry
have
essential l y
screwed consumers
especial l y
the
g rowers
for themedical
marijuana patients.
Wedont havethat
ag enda
we
are
just happy
to be
apart
of this historic action with the
hopes
of
g etting
this
rig ht
for the
preponderance
of
posterity .
Weare
l ooking
for what is best for the
Peopl e
not what fil l s
our
pockets
weareal so concerned about
marijuana q ual ity
as
pot
connoisseurs wecare
about
g ood q ual ity
weed and
working
with the
peopl e
of
Washing ton
so wecan havea
firm sensibl e
g roundwork
for
reg ul ation
and taxation of the
marijuana
market in therest
of the
country .
So weare
l ooking
at the
demog raphic
of our contract
competitors
and
wefind them
wanting
in
comprehensive
abil ities to meet al l of
y our
needs or even
being
the
ty pe
of
peopl e
for who wewoul d want to
carry
out such a historic task. Weknowthe
ty pe
of themixed
g roups
of
peopl e
that aredifferent cross sections of
society
but who
fal l
ul timatel y
into thebroad
demog raphic seg mentation
of
marijuana
consumers who
dont even knowwhat
g ood
weed
is, weknowthis market and weknowtheissues that
comewith it and wecontinueto want to chooseto servethat
demog raphic.
Sincethis is
thecasethen weneed to be
responsive
and abl eto formul atea
reg ul atory
framework and
g ivey ou
thetool s and abil ities to formul ate
y our ag ency
to beabl eto
carry
these
activities out
al ong
with
l evy ing
and
col l ecting
taxes. Wecontinueto feel and knowthat
as a firm wecan be
responsive
to these
peopl e
in the
demog raphic seg mentation
of
marijuana
users weknowthese
peopl e
weare
al ready
awareofthemarket
pl ace
because
we
haveand do
operate
in
.this market
thoug h
wehaveendeavored to
stay
within the
bounds of thel aws and havedone
so.
These
peopl e
within this
demog raphic
seg mentation hung er
and want varied access to different kinds of
marijuana
and
trul y
q ual ity marijuana,
and wehaveto beabl eto be
responsive
and abl eto
manag e
this
market, we
feel
weare
up
to thetask whil eour
competitors
areunabl eto
comprehensivel y
meet al l of
y our consul ting
needs. Coursethis is
partial l y
do to thefact
that for one
simpl ething they
dont even knowwhat
g ood
weed is 101. This is
apparent
becausewecan seewheretheir areas of
expertise
areand this is
something
newand
different l ike
g oing
from a bl ack market to a
l eg itimatereg ul atory
taxed
open
sal es
market,
but wemust al so bewithin thereal m of
being
sensibl eand mindful of the
compl etepossibil ities
with what weare
being
tasked for. With this wewant to continue
to makethe
peopl e
awarethat the
pol icies
and howthel awand
usag e
of
marijuana
shoul d becarried
out,
it is al so
something
that wewoul d continueto
promoteproper
consumption
and how
wecreatethis
thoug ht
in theminds of
peopl e
who are
consuming
marijuana
in
Washing ton.
Weal so want to continue
provide
to current
demog raphic
seg mented
customers of
marijuana consumption
to beabl eto havesafeand
responsibl e
access to
marijuana
and makethem abl eto
g et
continueto
g et marijuana
in
a safeand
rel iabl e
way
and
q ual ity marijuana
not the
crap
that is out there
today .
So weneed to
continueto attract those
ty pes
of
customers, coursewith that said
as wel l I do al so
bel ievethat our
competitors
dont
real l y
knowwhat
g ood marijuana
is
they
areso used to
15
00006108
g e t t i n g schwag .
The
q u al i t y
of
Mari ju an a
for
e xampl e
i sn t
as
g ood
as t he
q u al i t y
of
mari ju an a
i n t he 90s bot h i n
Washi n g t on S t at e , Ore g on , Cal i forn i a, Ne vada,
an d
Ari zon a. Cou rse I am of t he
opi n i on
t hat
pe opl e
i n Ne vada an d Ari zon a of al l t he
we st e rn st at e s
t he y e spe ci al l y re al l y t ru l y
have n o i de a or e ve n a
con ce pt i on
of
g ood
mari ju an a
cou rse I am of t he
opi n i on
t hat most
pe opl e
don t . Thi s i s t he
case wi t h ou r
con t ract
compe t i t ors
whi ch i n t he i r mi n ds
t he y
are bl i n de d
by
what
t he y
do kn ow whi ch
i s i n su ffi ci e n t i n format i on an d
kn owl e dg e al on g
wi t h
re al l y
n ot
be i n g
a
sophi st i cat e d
we e d con n oi sse u rs or have a
prope r
we e d
pal at e .
Most
pe opl e
are n ot we e d
con n oi sse u rs an d I am
pre t t y
ce rt ai n t hat ou r
compe t i t ors
have n o i de a what
g ood q u al i t y
mari ju an a
i s I kn ow I have con su me d t he i r
mari ju an a
an d kn ow i t s
crap
an d what I
g e t
he re from
my g rowe r
for
my
me di cal
mari ju an a
card he re i s a mi l l i on t i me s be t t e r t han
an y t hi n g
ou r
compe t i t ors
have .
Thou g h
I wi l l
say
t hat t he re are a fe w
g rowe rs may be
l i ke 3 at t he most t hat kn ow how t o
g row
we e d an d I wou l d
say
be t t e r t han he re i n
Port l an d bu t t hat i s l i ke
on l y
3
pe opl e
i n t he whol e st at e of
Washi n g t on .
The re
are fe w
pe opl e
i n
Washi n g t on
S t at e l e t al on e i n t hi s
cou n t ry
t hat have
g ood compre he n si ve
kn owl e dg e
of what
g ood q u al i t y mari ju an a
i s or who have t he vari e d
profe ssi on al ,
acade mi c an d
i n du st ry kn owl e dg e
t o se rvi ce su ch a
l oft y
e n de avor of
e st abl i shi n g
a
re g u l at ory
frame work an d
re vampi n g y ou r ag e n cy al on g
wi t h e ve n
movi n g
forward on
t he
proce ss
of how t o
l e vy
su ch a t ax. We have
compre he n si ve mari ju an a
an d
bu si n e ss,
soft ware , se cu ri t y , e n g i n e e ri n g ,
an d
bi ol og i cal e xpe rt i se
t hat ou r
compe t i t ors
don t have
at al l . We can
provi de y ou
wi t h al l of t he se an d e l e me n t s an d more wi t h ou r fi rms
se rvi ce s. We have al l t he se e l e me n t s an d
capabi l i t i e s
i n on e fi rm. We can do t hi s an d
have t he
profe ssi on al capabi l i t i e s
t o do t hat
al on g
wi t h
compre he n si ve kn owl e dg e we
kn ow an d are con fi de n t t o
say
i n
wri t i n g
t hat t hi s
kn owl e dg e
an d abi l i t i e s
su rpass
ou r
compe t i t ors.
Li ke I sai d Ti m John son he
t au g ht
t he
pe opl e
i n Amst e rdam how t o se t
u p
t he i r
sy st e m
i n t he fi rst
pl ace al on g
wi t h e ve n more
i n du st ry kn owl e dg e
t hat
t ru l y
as a
ag e n cy pe rson
for
y ou r
i n st i t u t i on can t
e ve n
be g i n
t o fat hom t he
de pt hs
of
i n du st ry
kn owl e dg e
we
posse ss.
Ou r
compe t i t ors
don t have su ch
compre he n si ve kn owl e dg e
of
t he e n t i re
mari ju an a
marke t s
or e ve n fu l l bu si n e ss or acade mi c
kn owl e dg e
or e ve n
prope r bot an i cal l mowl e dg e
t he are u n fami l i ar wi t h
profe ssi on al
e con omi c marke t s an d
how
t he y
are
re g u l at e d
an d how
t he y ope rat e
on a macro an d mi cro e con omi c l e ve l s.
Whi ch
u n fort u n at e l y spe aks
t o t he
vary
n at u re of how mu ch
i g n oran ce act u al l y
e xi st i n
t hi s
g e n e ral de mog raphi c se g me n t at i on
of
mari ju an a
con su me rs. We can howe ve r
i l l u mi n at e t hi s
proce ss
an d achi e ve
some t hi n g
n e ve r don e be fore i n t hi s
cou n t ry showi n g
t hat t he re i s vari e d
way s
of
doi n g t hi n g s
bu t
u l t i mat e l y y ou
have t o be wi t hi n t hat re al m
of
t hou g ht
t hat we can
fai rl y
an d
ju st l y re g u l at e
an d t ax a
e me rg e n t
marke t of
mari ju an a
as i t
ope n s
t o
l e g al con su mpt i on .
I t hi n k
we have t he se t al e n t s an d can
accompl i sh
t hi s
g oal
whe re ot he r fi rms wi l l be u n abl e t o do so an d me e t
y ou r compre he n si ve
n e e ds.
III. OBJECTIVES :
Il Ia.
Obje ct i ve s:
16
00006109
This is
simple
we want to establish and create a ef f icient, sensible, f air, j u st
and rational
regu latory
f ramework and
working
agency
that is
completely
u p
to the task and
j ob
of
this historic moment of
regu lating
and
taxing
the
Marij u ana Indu stry.
We want to consu lt
and
help
you r agency accomplish
the
process
of
f ormu lating
a
regu latory
f ramework f or
the
Marij u ana indu stry.
While
insu ring
its rational and
proper implementation
of a
legal
f ramework withou t
gu ile
or
any
sort of
possibility
of
corru ption, collu sion, or
malef icence in this created
system.
While
setting
the standard of
history,
and
setting
f orth a model of
regu lating
the
Marij u ana indu stry
f or the rest of the Nation and the
world as it
pertains
to
regu lating Marij u ana
in order to ensu re that we have a su stainable
indu stry capable
of
properly raising
tax revenu e that will be allocated as
according
to the
spirit
of the law.
IIIb.
Qu antitative
Benchmarks:
As a benchmark we want to achieve the
parameters
of the
implementation
timeline f or
what
Washington
State as
pu t
f orward as a time line to
pu t
into
place
the
legal regu lated
market of
marij u ana.
This
can be determined
by insu ring
that we
stay
on track f or what
you r agency
has
pu t
f orth as the time line on
issu ing permits allowing people
to start
u p
their
marij u ana produ ction
and sales bu siness. We want to
accomplish
this while
ensu ring
that we have accou nted f or all
possible contingencies
that
might
be
snags
in the
process
of
setting u p
a
regu latory
f ramework and a
f u nctioning regu latory agency
capable
of
overseeing
the
newly
created
open
and
transparent
market of
Marij u ana
sales
with the
complete capability
to accou nt f or and raise tax revenu e do to the sales of
Marij u ana.
This is to be Measu red with Statistics of
pu rchases
of licenses to
engage
in
Marij u ana
bu siness
along
with the volu me of
marij u ana sold,
howmu ch
marij u ana
is
grown
and then sold while also
measu ring
howmu ch tax revenu e
is raised do to the sale
of weed. Also whether we can determine with viable nu mbers statistics what the total
nu mber of
pu rchases
and howmu ch tax revenu e is raised and whether we have
su ccessf u lly f igu red
ou t the
possible loopholes
in the lawand close those
loopholes
in
the
regu latory process
and
regu lating
the
market,
of cou rse this is one of the
ways
to
estimate cu stomer
u sage
and
consu mption
of
marij u ana.
We will also u se
themaj or
methods of sof tware
applications
to
measu re,
and track the volu me of Pot sold and how
mu ch tax revenu e
is raised
by
th t sale of weed. We can collect data based on consu mer
u sage
arid
by
sales
activity
and transf er of volu mes of
marij u ana produ cts
do to the sale
of
marij u ana.
We can
clearly
see
by inventory
nu mbers howmu ch
marij u ana
is
being
sold however this is based on the
premise
that we have
su ccessf u lly f igu red
ou t and
properly regu lated
and eliminated the
possible loopholes
in the
system along
with
insu ring
that we are able to eliminate
any
sort of collu sion or
any
malef icence with the
agency
of f icials, marij u ana produ cers
and
marij u ana
consu mers. We will be able to see
in the
long
ru n af ter
permits
are issu ed and
marij u ana
is
being
sold what the amou nt of
marij u ana being
sold is so we will be able to continu e to see what are
j u dged
as
continu ed
designated
weed
consu mers not
j u st
initial
novelty
u sers we will see this based
u pon
nu mbers of consu mers and amou nt of
marij u ana
sold in the
long
ru n
in the
17
00006110
l e g a l i z e d
ma rke t. We wi l l be a bl e to tra ck the se numbe rs be ca use thi s i s
a
si mpl e
ma tte r
of
i nve ntory
control whi ch ca n be
cl e a rl y
tra cke d be ca use we ca n
cl e a rl y
se e whe re a nd
how much sa l e s a re i n
re g a rd s
to the sa l e of we e d . We of
course from the
sta nd poi nt
of a
a g e ncy
tha t i s
re sponsi bl e
for the
re g ul a ti on
of thi s ma rke t
we wa nt to i nsure tha t
we
ha ve e ffi ci e nt a ccura te re cord s a nd a re a bl e to col l e ct the ta xe s from the a mounts of
ma ri jua na be i ng
sol d . We ca n a l so be a bl e to
cl e a rl y g l e a n
a i d e a a bout
consumpti ve
be ha vi or si nce
we wi l l se e thi s i nforma ti on d o to i t
be i ng
a
re g ul a te d
a nd ta xe d
i nd ustry.
Esti ma te s i ncl ud e me a sure me nts of the ove ra l l sa l e s we ca n a l so tra ck wha t ki nd a of
stra i ns a nd
type s
of
ma ri jua na
i s most
popul a r
wi th the
publ i c
we wi l l be a bl e to ma ke
d i ffe re nt e sti ma te s ba se d
upon usa g e
a nd
consumpti on
numbe rs of
prod uct
i n a l l the
muni ci pa l
ma rke t
a re a s. Wi th tha t we ca n a l so se e tha t wi th the d i ffe re nt stra i ns of
ma ri jua na
tha t wi l l be out the re
we wi l l se e tha t the re i s thi s
hug e possi bi l i ty
to
a ctua l l y
se e a consol i d a ti on i n the ma rke t be ca use
pe opl e
wi l l
onl y
wa nt to
buy
the
g ood
we e d or
d e si g ne r
we e d . The re a re conce rns tha t thi s wi l l cre a te a e ra of we e d
snobe ry
but a s i n
the
g e ne ra l ca pi ta l i st
ma rke ts
onl y
the
prod ucts
tha t a re
prod uce d
we l l a nd tha t a re
a ctua l l y g ood
i t wi l l be those
prod uce rs
tha t wi l l be a bl e to re ma i n i n the ma rke t
e spe ci a l l y
d o to the i nti a l
g l ut
i n the we e d ma rke t but those tha t d ont
g row g ood
we e d
wi l l
g o by
the
wa ysi d e
a nd a stute
g rowe rs
wi l l ri se to be on
top
of the
i nd ustry
so
monopol y
i ssue s wi l l a l so be of a conce rn. We wi l l a l so be
usi ng
a
spe ci fi e d tra cki ng
syste m
of
ma ri jua na prod ucts
we ca n d o thi s
by prope rl y cre a ti ng tra cki ng
softwa re . We
ca n a s ti me
prog re sse s cl e a rl y g e t
a cl e a re r
pi cture
of wha t
wa s once a bl a ck ma rke t
e nte rpri se
a nd
re a l l y
how much i s
a ctua l l y be i ng
sol d a nd
a ctua l l y
how much busi ne ss i s
tra nspi ri ng
i n thi s ma rke t. We wi l l a l so be a bl e to
cl e a rl y
se e how much ta xe s wi l l be
ra i se d
by
thi s i ssue a nd how those ta x d ol l a rs wi l l
be g i n
to be ne fi t the
pe opl e
of
Wa shi ng ton
i n
g e ne ra l .
Howe ve r wi th tha t sa i d a a d d i ti ona l
probl e m
wi l l be whe the r or
not we a re succe ssful i n the
re g ul a ti on
ofthi s ma rke t a nd i f
we ca n
stop
those who wi l l
wa nt to ski rt the l a w
e spe ci a l l y
i n the
proce ss
of
col l e cti ng
ta xe s. We a l so wi l l ha ve to
l ook to se e a t wha t the
q ua nti ta ti ve
d a ta shows i n
re g a rd s
to cri me a nd
ma ri jua na
a nd
wha t those corre l a ti ons a re . Thi s wi l l be
a i ssue of whe the r or not we ca n
bri ng
those
cri me numbe rs d own d o to the fa ct tha t
ma ri jua na
wi l l
nol ong e r
be i n the
ca te g ory
of
i l l e g a l
a nd i l l i ci t
d rug s.
Those who wi l l
try
to ski rt thi s i ssue of
pa yi ng
ta xe s or
cl e a rl y
l e tti ng
the
g ove rnme nt
know how much we e d
the y
a re
a ctua l l y g rowi ng
a nd how we ca n
stop
thi s from
ha ppe ni ng ,
or how
we ca n
stop a ny
form of
possi bl e
ma l e fi ce nce i n thi s
ope ra ti ona l
ma rke t of
ma ri jua na . Espe ci a l l y
i f
we ca n control thi s sort of
ra cke te e ri ng
from
consume rs, g rowe rs
or othe r
pe opl e
who ha ve i n the
pa st
e nd e a vore d a nd
ope ra te d
i n the bl a ck ma rke t but now ha ve the
opti on
of
ope ra ti ng
i n
a
l e g a l
ma rke t. Whi ch we
wi l l
cl e a rl y
se e the
e xpre sse d pe rce nta g e
of the
popul a ti on
who
purcha se ma ri jua na
or
who a re l i ce nse d
ope ra tors
i n tha t ma rke t whi ch ca n be
cl e a rl y
be e n se e n a s a i ssue of
the me a sure me nt of the vol ume of
ma ri jua na .
In
re g a rd s
to thi s ma tte r be ca use we d ont
ful l y
know to wha t e xte nt the vol ume of bl a ck ma rke t sa l e s a re for sure we ha ve
i nd i vi d ua l i d e a s of how much
ma ri jua na
i s
movi ng
be twe e n
g rowe rs
a nd
pa ti e nts
a s tha t
pe rta i ns
to me d i ca l
ma ri jua na
but we d ont know to wha t fa ctua l concre te e xte nt of tha t
l e g i ti ma te g row ope ra ti ons
a re
movi ng ma ri jua na prod uct
i nto the bl a ck ma rke t whi ch i s
proba bl y
more tha n wha t one woul d
e xpe ct
d o to the
a ve ra g e pa ti e nt
i s
l ucky
to
g e t
a
18
00006111
ounce or 2
ounces of weed a month from their
designated growers
and it tends to be total
schwag
we can
only
make estimates which if
you
think in the context of maximum
production
of
marijuana
per plant depending
on the size ofthe
plant
and how much
nutrients and fertilizers are
being
used and how
many
ounces
per plant
is
being
cultivated this
provides
a
rough
estimate because
we dont have a
complete
concrete
transparent picture
of what each
patient
or
person
in the state of
Washington
is
doing
in
regards
to
consuming marijuana
in the
Washington
State
area. Course we also dont
know how much
marijuana
is
leaving
the state do to the shrouded nature of the black
market sales of
marijuana.
We do have the task however of endeavor to track that and
figure
out
ways
we can
regulate
such action. Also
we have to be careful do to the nature
of how much
marijuana
is
already coming
into the state from other states like
Oregon
and California. Course for the most
part
the
marijuana
that is cultivated in
Oregon
for
example
tends to
mostly stay
in
Oregon.
We like to
keep
our
good
weed here 101. The
old Governor Tom Mcall idea still is
pervasive
here
especially
in
regards
to this idea of
Oregon
Weed come for
a visit but dont
stay
here and
keep your
hands off our Weed.
Though
with that said
prices
and
q uality
of
Oregon
Bud versus the
q uality
of
Washington
bud from what I have seen and have consumed in
Washington
I find the
q uality
of
Oregon
Bud is much better while
we see this
happen
so this effects
prices
in
Washington
and the amount of
product
that is on the
open
black market for
marijuana.
We also see
cheaper
industrial lower
q uality
of
marijuana coming up
from California
into
Washington
State via
passing through Oregon though
with that said do to
q uality
in
Oregon being
much better and
prices
for
marijuana being higher
in
Washington
in
Oregon
we dont see much
Marijuana
from California
filtering
into the black market here
in
Oregon
that Weed tends to make its
way
to
Washington
because the California weed
isnt
good enough
for
people
herein
Oregon.
Its more like
production
Mexican dirt
industrial
schwag
weed.
People
tend to have a few
stop
overs
in
Oregon maybe
sell a bit
of weed to
carry
them
through
the state
they
sell it on the
open
black market in
Oregon
but because
people
in
Oregon
are used to
having
better weed and arent
really
interested
in
buying anything
from California those weed dealers tend to save the bulk of their
sales for
Washington
so
they
can
get higher prices.
We have to
figure
as
apart
of this
regulatory process
how we deal with this
along
with the
great
weed
migration.
This
just
one of the
many examples
of issues
we have to find solutions to and how we can address
and deal with the
proper regulation
and elimination of this issue. However because of the
nature of the black market of
marijuana
we dont
fully
have or
really
know what the
complete
true solid definitive
picture
of what is
transpiring
in the volume of sales in this
weed market. We cant nail down the
specific
numbers of how much weed is
being
consumed because ofthe shroud that surrounds the black market of weed
sales,
but with
a successful
regulatory
and tax framework for the
legal
sales market of
marijuana
we
will if
we
truly
desire to
get
this
right
we can find the answ rs to these issues and
problems
and
apply proper inventory accountability
and movement of
marijuana
in the
open
market. Course with that said do to
personal
business
experience
in this
industry
and in the market and
bieng
a weed
consumer I have a
general
idea of what is
transpiring
however there
are no concrete
factually
numbers that
can
be traced we can
only
make
educated
hypothesis
to this
regard.
Ifwe look at know data of who is
consuming
19
00006112
marijuana
do to the medical
marijuana program
and how much of that additional
marijuana
that isnt
going
to
patients
and where that is
going
into the black market
we
can
possibly glean
a idea of how much the volume is however there isnt clear data on
much of that
marijuana
is
filtering
into the black market we dont
completely
know the
numbers of who or how much because there isnt a
good marijuana registry system
in
Washington
so we want to consider a
q uantitative
success
if
we can
clearly
know what
that volume of
usage
is with this
regulatory
and tax
program.
Also as a benchmark
we
want to achieve the
parameters
ofthe
implementation
timeline for
Washington
State. For
example
because of our
registration system
in
Oregon
we have a idea we can state on the
average
most
people
receive a ounce to 2
ounces of weed a month so if
a
plant yeilds
a
maximum of
say
5 ounces
per plant
and a
grower
is allowed to
grow
6
plants per patient
that
give you
a
rough
idea of what
prices
are for
example
if we look at this
premise
we
can
say
a
grower
on the
average
can make
150,OOOnd
dollars a
year selling marijuana,
if
we
go
on this
typical hypothesis
this is
q uite common,
and if
a
person
sells there weed to
a out of stater like in florida or New
york they
can make
12,OOOnd a
plant per
month
so
we are
looking
at 6
plants
at a rate of
67,OOOnd a month in weed revenue of
they
are
selling
to out of staters. However because
Washington
doesnt have a clear
registry
system
maintained
by
the state that can be much more difficult to
gauge.
These are
examples
of
possible
numbers here for
example,
but
pretty
close to
being
concrete
.
completely
factual numbers.
IIIc.
Marijuana
Consumer Breakdown:
My
current
regional
Aofthe
regional
metro area to a minimum
percentage
of the
grand
total within the
regional
metro area which would be of the
grand
total ofthe
regional
metro area which is
people.
We think that this is a
potential
a. These are the educated
progressive
minded ofthat we believe
represent
the
demographic segmentation.
We
believe that this
demographic hungers
for varied content and as a result will to us as
well. This of
course
is
a
potential demographic segmentation
market not actual know
researched numbers of what the
demographic segmentation
actual is. This of
course does
not include other states where we have
potential
because of weed
tourism,
and other
pot
dealers
coming
to
Washington
state to
legally
and
simply
obtain weed and then
go
back
to their
respective
states where access to
marijuana
is limited
especially
to
good q uality
marIJuana.
IIId. Measurement Methods:
This is to be Measured with statistics clear data from sales record of how much volume
of
marijuana
is sold and taxed and how much the total amounts of cost to
operate
a
marijuana regulatory system
and how much taxes are raised do to the sale of
marijuana
that is
actually
sold to different
people
and where and who these
people
are. Of
course
the best
way
to to estimate this and make future
projections
of how much sales volume
will be is
by viewing
and
properly accounting
for the amount of
marijuana
sold and
taxed. Which is the
major point
ofthis endeavor is to
truly
make measure of how much
20
00006113
taxes are collected. This data will even be more clear as we see
year by year
sales and
what those will be based on in
regards
to economic outlook and economic
p ortability
in
the economic markets. this will be
something
that in the
long
run we will be able to see
how these
designation consump tion
behavior is
p rop erly
viewed in the
op en
market.
Estimates include measures ofthe overall different
p rognostications
on how
realistically
large
and vast the black market
marijuana
sales networks are and this can also be
p rojected
and viewed as various estimates on consumer behaviors in weed
consump tion
by municip al
market areas. For
examp le
are there more weed
consumers on
Cap itol
Hill
in Seattle
say
versus more of a diverse
p art
of town like Beacon hill do the residents of
Cap itol
hill in Seattle smoke more weed than on Beacon or how about
a area like
Peaceful
Valley
in
Sp okane
do
they
smoke more
marijuana
then
say
the
p eop le
in Shadle
area of
Sp okane.
This will be
ultimately
determined
by
how
clearly
we can track sales
and collect taxes on the sale of
marijuana
without
p eop le trying
to skirt the law and
avoid
p aying
the
marijuana consump tion
taxes. We will also be able to
p rovide you
with
comp rehensive ground security consulting
and software
ap p lications
which we believe
wont be to hard to create and of which we can
go
off the basis of
your already
used
software infrastructure for how
you
tracked and
keep
abreast of how much alcohol sales
were
being
made. These
examp les amongst many
more
p ossibilities
that we envision
will
help
formulate a
regulatory system revamp
and tailor
your agency
to this task of
regulating
and
creating
a
op en
taxed
market.ofmarijuana
sales. Which as a task is
huge
but we have
some
p latforms
to work from and it is in these realms that
we have
leeway.
It is these ideas of how we can
imp lement
such a
p rocess
that will be
sp ecified during
creation of the
regulatory
and taxation formulation
p olicy.
Which is the fulfilled and
exp ressed
intent of this law and h
w it will effect the
p op ulation
of the
Washington
state
even for those that will travel to
Washington just
for the Weed tourism. These numbers
will be
clearly
measurement because
we will see how much volume of
marijuana
is sold
and how much
money
it raises in taxes and how much revenue that
p rovides
in each area
of
selling marijuana p roducts.
Also we will see how this effects the
average p erson
who
wanted to
try
to
marijuana
but never did because of the fear of the hard hand of the law
course these
are what we call
novelty
usurers but in the
long
term we will see
eventually
a clear
p icture
of the
average
number of
regular
and
long
term
marijuana
consumers..
This does not include
industry p rognostication
for
examp le
that the edible
marijuana
p roducts
market alone could
p ossibly
reach 250 million dollars in
Washington
State.
.llIe. Criteria of Success:
.
Truly obtaining
a solid
agency cap able
of
creating
and
overseeing
a sustainable
regulated
and taxed
marijuana consump tion
sales market in
Washington
State. While
setting
forth
a
grand examp le
of how such a endeavor would take
p lace
or translate to other states in
the United States
along
with
being
a
general p latform
and model for
marijuana
regulation
and taxation in the rest of the world. We also seek as a criteria of
success
being
able to have a eventual secure numbers
transp arent
clear numbers of how much
and how vast the
marijuana
sales and
consump tion
market
actually
is in
Washington
State. We would consider this to be a successful
p rocess
if
we can create a
long lasting,
21
00006114
sustainable
ef f ic iently working
historic
regulated
and taxed sales market of
marijuana
f or
Washington
state. While
doing
it this
way hopef ully
we will void the
guile
and
malef ic enc e in this
emergent regulated
taxed
marijuana
sales market.
IIIf . Time Frame:
Sec ure the solid sustainable
open
lic ensed taxed sales market of
marijuana proc ess by
the end of 2013. To f ollow
y our agenc ies
timeline f or the
implementation
of the
legal
marijuana
sales
program.
IV. BUDGETING:
IVa.Methods:
The Methods of
pay ing
f or our
budget
is that the
onsulting
f ees that
y our organization
pay s
us
f or the
c onsulting
work we do f or
y our agenc y
will be
paid
f or
by y our agenc y
and f or servic es rendered to
y our organization by
our Firm.
IVb. Amount:
Monthly
of f ic e
spac e
rental
c osts,
of f ic e
supply c osts, c omputer
server c osts internet
servic e
c osts, c omputer sec urity c osts,
mobile
phone
and c ommunic ation
c osts, printing
and
binding
c osts f or manuals
assuming printing
c osts that we
pay
f or this out of the
per
diem c ost unless
paid by y our agenc y
unless we work out of of f ic e
spac e
f rom
y our
agenc y
or have ac c ess to the use of
y our agenc ies
of f ic e
supplies though
to maintain our
server c osts
money along
with
maintaining
our own
private personal c y ber sec urity by
our sof tware
engineers: $9,000
dollars a month or 90,000nd
f or the lif e of the c ontrac t
f or the 10 month c ommitment.
Travel
c osts, f uel, lodging
automobile
repairs,
travel insuranc e
c overage
and f ood c ost
per
month
per
diem
per
member of the f irm
assuming
we dont have ac c ess to
Washington
State Fleet
ref ueling
c enters or have to dont have ac c ess to
Washington
state automobile f leet and
assuming gas
doesnt
go
to 5 dollars
per gallon:
$ 4500.00
dollars a month
per
member of the f irm f or
y our period
of 10 months. That c omes out to
be around
450,000
to
540,000
dollars f or the entire lif e of the c ontrac t f or the 10
month c ommitment is what that will c ome out to that c ould
c ome out to
Hourly wages per
member of the f irm: This
enc ompasses
our c urrent 2 sof tware
engineers possibly
three
meaning
we would have to hire another additional sof tware
engineer, though
we would think
we c ould work with
y our
staf f sof tware
engineers
so
we wont need to hire a additional sof tware
engineer
2 of our f irms sof tware
engineers
should be
enough,
2
sec urity
c onsultants
possibly hiring
a third
though
we should be
able to
ac c omplish
this with
just
2
sec urity c onsultants, My
self Nathan Jimenez
as a
22
00006115
l e g a l
a nd
pol icy
schol a r I a mthe Cha ir a nd Tre a sure r of the firma nd TimJohnson
busine ss a dministra tion
ma rijua na
busine ss consul ta nt
ma rijua na
e dibl e
spe cia l ist,
ma rke ting
fina nce a nd insura nce consul ta nt We ha ve 2e duca te d a nd l ice nse d
me cha nica l
e ng ine e rs
on sta ff a nd
ma y
ha ve to hire a a dditiona l third sta ff
e ng ine e r
but
we
proje ct
tha t it shoul d
onl y
ta ke 2
e ng ine e rs,
2e duca tiona l consul ta nt to
he l p
formul a te a
publ ic
e duca tiona l
prog ra m
2me nta l he a l th
spe cia l ist drug
a buse council ors
2MDa nd
biol og ist
a nd
ma rijua na
scie ntist. 225 a hour dol l a rs a hour for e a ch me mbe r
of our Te a ma t 80 hours a we e k which
come s to
n, OOOnd a month for a l l of our Sta ff
which come s out to
nO, OOOnd
dol l a rs for the 10 month commitme nt
3 office a ssista nt a nd a dministra tion se rvice s costs 60 dol l a rs a n hour do to
propitia tory
inte l l e ctua l
priva cy
conce rns:
Insura nce
costs, l ice nsing
fe e s a nd
profe ssiona l
a ssocia tion fe e s
priva cy se curing
cost:
6250 a month for
62, 500
for the 10 months
Attorne y
fe e s
re ta ining
fe e s a nd
hourl y wa g e s
we ha ve 3
a ttorne ys
on sta ff
nowbut we
a re
conside ring hiring
more a bout I to 2more a dditiona l
a ttorne ys
so we ca n write
pol icy
a nd ca n
prope rl y bring
a bout
l e g a l compl ia nce : nO, OOOnd
for the l ife ofthe
contra ct a nd
120, 000nd
for
re ta ining
fe e s for the l ife of the contra ct we wil l
try
to be
unde rbudg e t
for a l l of this the se numbe rs incl ude the
possibil ity
of
hiring
a dditiona l sta ff
we wil l
try
to
e fficie ntl y
come unde r
budg e t
IV c.
Budg e t
Justifica tion:
Monthl y
office
spa ce
re nta l
costs,
office
suppl y costs, compute r
se rve r costs inte rne t
se rvice
costs, compute r se curity costs,
mobil e
phone
a nd communica tion de vice
costs,
printing
a nd
binding
costs for ma nua l s
a ssuming printing
costs tha t we
pa y
for this out of
the
pe r
die mcost unl e ss
pa id by your
boa rd unl e ss we work out of office
spa ce
from
your a g e ncy
or ha ve a cce ss to the
use of
your
boa rds office
suppl ie s thoug h
to ma inta in
our se rve r costs
mone y a l ong
with
ma inta ining
our own
priva te pe rsona l cybe rse curity
by
our softwa re
e ng ine e rs a l ong
with the cost to
g e ne ra l l y
ha ve
porta bl e
wire l e ss inte rne t
costs
mone y
so we a re
in consta nt communica tion with
your
boa rd:
Tra ve l
costs, fue l , l odg ing ,
a utomobil e
re pa irs,
tra ve l insura nce
cove ra g e
tra ve l
insura nce
cove ra g e
wil l be
ne ce ssa ry
in
your
sta te be ca use of the e xtre me crime in
your
sta te a nd howit is not
re a l l y
sa fe to tra ve l the re
so we ne e d to insure tha t
we a re
fina ncia l l y
se cure no ma tte r wha t
ha ppe ns
to us
in
your
sta te with tha t sort of insura nce
a l l we ha ve to do is ca l l the
a g e nt
a nd we ha ve
mone y
a nd fina ncia l re source s to
he l p g e t
us out of
be ing
victims to crime
by pe opl e
in
your
sta te a nd we ne e d food cost
pe r
month
pe r
die m
pe r
me mbe r of the finn
a ssuming
we dont ha ve a cce ss to
Wa shing ton
Sta te
Fl e e t
re fue l ing
ce nte rs or if
we dont ha ve a cce ss to
Wa shing ton
sta te a utomobil e fl e e ts
a nd
a ssuming g a s
doe snt
g o
to 5 dol l a rs
pe r
g a l l on
we ne e d this
mone y
to
pa y
for tra ve l
23
00006116
expenses
and
l i v i ng expense
when
we are unabl e to make i t home to
Oreg on
or hav e to
stay somepl ace
wi thi n the state of
Washi ng ton
to
g o
to al l the di fferent
muni ci pal i ti es
around
Washi ng ton S tate, we are human and need food and
pl aces
to
sl eep
so we need
money
to cov er our food cost and
l odg i ng
costs si nce food costs are are more i n
Washi ng ton
that i n
Oreg on
and si nce we wi l l be
trav el i ng
and
hosti ng meeti ng s
and what
not we wi l l need to
hel p pay
for food costs for
meeti ng s
as wel l we al so need trav el
i nsurance,
proper
ful l
cov erag e
of al l ki nds of
i nsurance, i ncl udi ng
car i nsurance here i n
Oreg on
we are i nsured
by
the
mi l eag e
but that doesnt count
beyond
the state l i nes of
Oreg on,
we need
money
to al so
pay
for
potenti al repai rs
or the need for chai ns and
thi ng s
l i ke that:
Hourl y wag es per
member ofthe fi rm: Thi s
encompasses
our current 2 software
eng i neers possi bl y
three
meani ng
we woul d hav e to hi re another addi ti onal software
eng i neer, thoug h
we woul d thi nk
we coul d work wi th
your
staff software
eng i neers
so
we wont need to hi re a addi ti onal software
eng i neer
2 of our fi rms software
eng i neers
shoul d be
enoug h,
2
securi ty
consul tants
possi bl y hi ri ng
a thi rd
thoug h
we shoul d be
abl e to
accompl i sh
thi s wi th
j ust
2
securi ty
consul tants thi s i s
qute possi bl e
i n order to
sav e
costs,
I
mysel f
Nathan Ji menez as a
l eg al
and
pol i cy
schol ar I am the Chai r and
Treasurer of the fi rm and Ti m Johnson busi ness admi ni strati on
mari j uana
busi ness
consul tant
mari j uana
edi bl e
speci al i st, among st
al l sorts of
thi ng s
thi s wi l l cov er hi s
sal ary
al so as
marketi ng
fi nance and i nsurance consul tant We hav e 2 educated and
l i censed mechani cal
eng i neers
on staff and
may
hav e to hi re a addi ti onal thi rd staff
eng i neer
but we
proj ect
that i t shoul d
onl y
take 2
eng i neers,
2 educati onal consul tant to
hel p
formul ate a
publ i c
educati onal
prog ram
2 mental heal th
speci al i st drug
abuse
counci l ors to
hel p
formul ate
your drug
addi cti on
prog rams
and 2 MD and
bi ol og i st
who
speci al i ze mari j uana
sci ence. We l ook at there
bei ng
around 80 hours a week i f
you
expect
us to make the ti mel i ne that
you
hav e set forward to
push
for
i ssui ng permi ts
These
wag es g o
to
pay
for sal ari es for
payment
for our
experti se
and abi l i ti es do do the
Job of
hel pi ng you
set
up
a
reg ul atory
framework
your
are
payi ng
for
our work,
knowl edg e
and
experti se
and our abi l i ti es to understand the
i ndustry. Fundamental l y
we bel i ev e that i n order to meet
your
ti mel i ne deadl i nes thi s wi l l
requi re
us to work 80 hours
a week to
achi ev e
your pol i cy
and
reg ul atory g oal s
Attorney
Fees we hav e 2
attorneys
that are our
l eg al
counci l for
our
Fi rm
we
mi g ht
hav e
to hi re 2 more
l awyers
i n order to meet
your pol i cy
and
l eg al
needs i n order to make
your
ti mel i ne because of thi s we wi l l need to hi re more
attorneys
i n order fi ni sh
wri ti ng
these
pol i ci es
to make
your
ti mel i ne:
V. S TRATEGY:
24
00006117
We believe that in order to
tru ly
have
su ccess and be the
ty pe
of firm
capable
of
servicing y ou r consu lting
needs in
setting u p
this
emergent
sales market of
mariju ana
that is
u niqu e
and u nlike
any
other we need to call
u pon
all of ou r combined real world
indu stry professional experience
while
u tiliz ing
ou r intellectu al and academic
knowledge.
In order to do that
we have to work direct the associates of ou r to
comprehensively
look at all the
possible
issu es that
might
arise and address them with
professional
real world
indu stry
solu tions. Ou r firm with the combined
knowledge
of the
professionals
that work for
u s at the firm and who we are associated with in bu siness if
we
pool
ou r
knowledge
in the
areas where each individu al is most
knowledgeable we
will be able to
complete
the tasks that
y ou
set forward. Also
we want to look at
y ou r
platforms
of how
y ou r agencies
internal
workings
have
transpired
in the
past along
with
tailoring
that to the
mariju ana indu stry
in order to
levy
taxes on
consu mption
of
mariju ana.
We also see as a viable
strategy
to handle this we need to look at all the
encompassing
issu es
su rrou nding
how
we
go
abou t
regu lating
the
mariju ana indu stry
and markets. We want to do this in
a
way
that sets forth
program
and
process
of how
we
take into accou nt the variou s constitu encies this market
poses
and how we can instill
within
y ou r agency
how
properly maneu ver, traverse, regu late, u ltimately
tax su ch a
indu stry .
We want to be able to set
y ou agency
on the
path
with this
legal
framework of
being something
that is su stainable in the
long
ru n and will
really tru ly
raise
revenu e for
the State of
Washington
we also want to take into consideration as a matter of
su ccess
how we
efficiently levy
and distribu te the taxes
accordingly
withou t
corru ption
and
setting
y ou r agency
on the
path
of
being
a
capable regu latory body
we
plan
on
doing
this
by creating
a
strategy
that tries to work with all the different stake
holders,
and
constitu encies that have a
sphere
of influ ence in this
process
in order to come
u p
with the
best and most
long lasting
and
capable regu latory
framework that will stand the test of
time. We also need to make
people
aware ofthe
process
of how this will be
implemented
and how this mu st be done in
a
open transparent way .
We need to do this
so that
people
can u nderstand that its a safe market to consu me in,
and know that
they
be able to
legally
obtain
mariju ana
withou t the
thou ght
in their heads that
they
can
pu ll
some sort of
shenanigans.
We we
pu rsu e
a
strategy
of sensible rational
regu lation,
and
taxation
policy
there wont be room for
people
to
carry
ou t
any
sort of
shenanigans.
So in
order to do that
we need to delve into the
process
of
working
with
y ou r agency
and the
people
most interested in this issu e in
y ou r
state in order to establish a su stainable
open
economic market in
Washington
state. We can do this in the sense that if
we
properly
from the ou tstart
regu late
and tax this market
correctly .
So in that
process
we can reach
into the intellectu al
capacity
of the members of ou r firm in order to serve
y ou
in
a
comprehensive way
to
help
y ou
set
u p y ou r
tax and
regu lation sy stem
of the
mariju ana
market with that that also it
pu ts
u s
in the
position
of
allowing people
the choice to
traverse in those
consu mptive
markets of
mariju ana.
While also
being
a firm that
we see
ou r su ccess
intrinsically
tied to
y ou r organiz ation clearly having
the
policy
tools to
regu late
and tax this market. Ou r
placement
with
y ou r agency
will be
something
that
allows for
u s and
y ou r organiz ation
to work
collaboratively
in order to achieve this
establishment of this
regu lated
weed market.
25
00006118
VI. EXECUTION:
VIa. Market Plan:
To
ac tu ally
c arry
ou t this
proc ess
of
implementing mariju ana regu lation
and
estab lishing
of a
open
sales market of
mariju ana
with a solid
program
and
proc ess
of
legaliz ed
sales
implementation
and the c ollec tion of the taxes that c ome from the sale of
mariju ana
this
is ou r
plan.
Onc e
we
ac c omplished
and done this task then we will b e ab le to reac h ou r
goals
of
helping y ou r
State
ac c omplish
the
implementation
of
mariju ana
sales in the
open transparent
market.
VIb .
Integrated Mariju ana Marketing
Plan:
We b elieve that in order to
tru ly
have su c c ess we will need to reac h ou t to all the
c onc erned entities b oth in the
pu b lic arena, government, mariju ana
sales
indu stry ,
c onsu mers,
and those that are c onc erned ab ou t the
general
issu es and
regu latory
proc ess
su rrou nding
the
mariju ana indu stry .
We have to
b ring
ab ou t
awareness
of the
regu latory
issu es and how
people
c an
legally operate
within this
indu stry along
with how
they
c an
c onsu me
mariju ana safely . By doing
this
we will look at the
mariju ana
market and how
we c an refine the
regu lations nec essary
to ac hieve
program
and
polic ies
of
opening u p
the sales of
mariju ana
in the
open transparent legally regu lated
market and how
we c an
tax that
indu stry .
We have to do this in
a
way
that is su stainab le b ec au se it seems that
we
have to set forth
a
proc ess
of
ac tu ally insu ring
that in the
long
term it will b e
su stainab le and
generate
taxes for the state. We look at this issu e need to
c omplet
and
delve into this
proc ess
of
regu lating
the weed markets so that we c an reac h a intellec tu al
c ommon sense
approac h
to how we c hoose to traverse in this
open legal mariju ana
sales
market.
VII. EVALUATION:
Ou r evalu ation will b e b ased
u p
on solid researc h data and
ac tu ally figu res
of the volu me
of sales of
mariju ana
and the
proc ess
of
c ollec ting
the taxes and how mu c h tax revenu e
has b een made for the state of
Washington.
This is to b e Measu red with ac tu al sales and
wentory
statistic s
along
with how mu c h tax revenu e has c ome from these sales of
weed. Whic h we b elieve that this is the
major
method to evalu ate and measu re the
indu stry b y
how mu c h taxes are c ollec ted from
mariju ana
c onsu mers we need to b e
aware
of this data and
sc ientific ally
b ase ec onomic
projec tions
for the fu tu re b ased on
c u rrent c lear
mariju ana
sales. We need to estab ilsh a
designated proc ess
of
regu lation
and tax c ollec tion while
addressing
how we
regu late
su c h a b ehavior. Estimates will
inc lu de measu rements of the overall market sales and taxes c ollec ted and how we c an
ac tu ally
a address the
loopholes
that
people
that
try
to skirt the law
may try
to invoke in
the
mariju ana
sales
indu stry
we have to set forth a evalu ation
proc ess
that
gives
u s a
ac tu ally
fac tu al nu mb ered c lear
indu stry
volu me b ec au se we will b e ab le to trac k sales
and tax revenu e raised. We c an c u rrent estimates and
projec tions
b ased on market
26
00006119
knowledge
but until we have a actual
transparent legal
taxed framework of business we
dont
fully
know the numbres of how much weed business is
actually going
in in these
areas. We will also be
using
scientific methods of
tracking inventory
which is the
proper
enterprising process
of
regulating
the market and
actually keeping
track of volumes of
usage.
This will
finally
be
expressed
as a
percentage
of how much of the
population
both residents of the state and tourist
will.actually purchase marijuana
and with those
figures
of
inventory
sales we will be able to make the measurement of the financial
aspects
of this area of
industry . Currently
we can
only provide rough
educated
estimates. Also we will be able to
glean
how the the
Average persons might actually
consume or what is the
average
amount of volume
usage per person
that uses
marijuana
we will be able to know this information based on sales records and how much tax
revenue is collected. For
example
I
my self
as a medical
marijuana patient
consumes
between on a
average
between 3 to 5
grams
of
marijuana
a
day
which comes out to
around 5 to 6 ounces a month. Most
important
is the data that will come from actual
sales and tax revenue raised.
VIla. Criteria:
The criteria of success is that
ultimately
we see the success and
long running
sustainablity
of
y our agency
to
actually carry
out the
regulatory process
of the
marijuana
industry
and
by collecting
the taxes that come from the sale of
marijuana.
VIlc.
Consequences
and
Contingencies:
I
just go
back to
being
a
radio
personality
and
political
commentator on the radio while
continuing
in
my
other business endeavors and
really
as a radio
political
commentator
really looking clearly
at the
legal
frame work and follow the
process
as
part
of the
coverage
of the issue of
regulating
the
marijuana industry .
Tim Johnson
just goes
back to
being
focused
primarily
on
being
a
hemp
merchant and
hemp
activist.
Bios
Tim .Johnson .
120 SW
Ankony
St. #180B
Portland, OR, 97204
February 15, 2013
Procurement Coordinator
Washington
State
Liquor
Control Board
3000 Pacific Ave
Oly mpia,
WA 98504
K430CWliq.wa.qov
DearWLCB:
I would like to introduce
my self, as a longtime Hemp
and Cannabis Activist and Business leader. In these historic times I
would like to offer
my
services
along
with
my
associates. I have been in the
hemp
and cannabis movement for over 20
plus
y ears. Starting
out in 1990 when I was in
college
at PSU and PCC where I received
multiple degrees
and certificates. One of
27
00006120
the
founding members, that
helped
write the
original Oregon
medical
marijuana
law
(OMMP). Help
start the first
hemp
club at
PSU.
I have a vast resource of
knowledge, stemming
from a large
number of
sources, starting
with education, business, medical,
legal, political,
real world
experience, growing,
etc. And so on from a large
number of situations.
. Active member in the
community, politically, socially, environmentally,
. One of the
original founding
members of the OMMP law, help
write the
law, and worked on it from start to finish.
.
Help
start the first
hemp
and cannabis club at PSU
. Have worked in the cannabis
industry
for over 20+
years, starting some of the first
hemp
and cannabis business in
Oregon
and
.
nationally.
. Vast amount of
community work, business
internships,
volunteer work, corporate
and
legal consulting,
business
experiences,
owned and ran
many
of
my
own business for
many years.
. Have work for and with
many leading business, like Federal
Mogul, TRW, Addidas, Saturn, Avia, Convers, I deal S&P,
OMMCS, NORMAL, High
Times
magazine, AWEAR, 4Hernp
Just to name a few.
. Have
helped
Thousands Medical
Marijuana paeients
from start to finish.
. Was raised
up
as an organic farmer,
work with nature in out for
many years.
.
Sponsor
and vendor at
many hemp
and related festivals.
. One of the
original
members of OMMCS
(Oregon
Medical
Marijuana
Consultants
Services)
. Worked with most all related
groups
in this
industry.
Having
this vast
knowledge,
would seem to be
key
I n an historic situation like this, I can bring many
facets to
help
with this
program,
and would love to
help any way
I can on
any
level. I have been involved from the
beginning
of the
movement, have
seen
many
come and
go
for
many
reasons. Death has
plaid a large. part
in this because of
many
medical conditions and
illnesses. With
marijuana
and cannabis
being
the
only help
for
many
of these
people,
I feel that I have a
responsibility
to
these
people
and
society
in a whole. Thank
you
for this
opportunity
to
help.
Sincerely,
Tim Johnson
Business
owner, consultant, activist.
28
00006121
Norton.
Melissa K
From:
Posted At:
Conversation:
nathan
jimenez <congressionalscholar@yahoo.com>
Friday, February 15,
2013 2:05 PM
Please let me know if
you
also want
my
biD as well
Subject:
Please let me know if
you
also want
my
biD as well
Please let me know if
you
also want
my
bio as well I
can
send it to
you
as
well but I
was a bit concerned about the
time f rame of
sending
the
proposal
and
messages by 2pm
Nathan Jimenez National
Congressional
Scholar
Also
you
can send
me email at
congressionalscholar@consultant.com
citizensawareness@email.com or
ta I ktomea nd inf o rm me@email.com
1
00006122
Norton. Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 12:02 PM
congressionalscholar@yahoo.com
.
WSLCB RFP K430 -
Rejection
Notification
K430_Nathan
Jimenez_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00006123
Washington
State
liquor
Control Board
February 25,2013
Subject: Rejection
of
Response
to
Washington
State
Liqnor
Control Board
(WSLCB)
Reqnest
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Deal" Mr. Nathan
Jimenez,
This letter s to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Prepamtion ofPl O posals,
states in
patt:
"...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items /isted in this section
may disqualify
the
Proposerfrom
furtherparticpation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
failed to
complete
and submit the
follow ing required
items in
response
to RFP
K430:
Proposer s
Authorized
O ffer, Proposer Infonnation,
Subcontractor
Infonnatiol1,
Letter of
Submittal, and Non-Cost
Proposal. Proposer
subn tted an
incomplete
and
vague response
and is thus
deemed
non-responsive
and
rejected
fi om fUlther
participation
in this RFP.
Thank
you
for
your
interest in
doing
business w ith the
Washington State
Liquor
Control Board. This
measure is
being
taken to assist
you
n
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 01 email
atjs!@liq.w a.gov.
Sincerel
,
~
/
John
Farley
Procurement Coordinator
cc: K430 C ntract file
3000 Pacific Ave. SE,
PO Box
43090, O lympia
WA
98504-3090, (360) 564,,1600, w w w .liq.w a.gov
00006124
Norton,
Melissa K
From:
Posted At:
Conversation:
John PEarls
<johnpearls@msn.com>
Wednesday, February 13,
2013 10:08 AM
RFP-
K430, Northwest
Region
USA
Subject:
RFP-
K430,
Northwest
Region
USA
Greetings, please
consider Northwest
Region
USA for a
consulting position.
You will not find a better
company
to
help implement
initiative 502. Thank
you,
John P. Earls 253-229-1557
1
00006125
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
>-
Proposers
Authorized Offer
>-
Proposer
Information
>- Subcontractor Information
>- Letter of Submittal
>- Non-Cost
Proposal
>- Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically
on or before
February
15, 2013 at 2:00PM CPT).
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
>- Attach the
completed
submittal document to a
single
email
message
and send it to
Icbbids@lig.wa.gov.
>-
Clearly
mark the
subject
line ofthe email: RFP-
K430,
Vendor Name
( e.g.
RFP-
K430,
ABC
Company ).
>- The
preferred
software formats are Microsoft Word 2000
( or
more recent
version)
and PDP. If this
presents any problem
or issue,
contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary graphics
in their
proposals.
>- It is
preferred
that electronic
signatures appear
on all documents
req uiring signature. However, an email
date
stamp
will be
accepted
as
signed by
the
legally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCBs mail server in the
IcbbidsC
lig.wa.gov
inbox. The "receive date/time"
posted by
the WSLCBs email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems or delay s
with e-mail when the WSLCBs
sy stems
are operational.
If a Proposal
is
late,
it
may
be
rejected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rejected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposers
convenience
only
and identifies the sections of this submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rej
ected as
being non-responsive.
Proposers
Authorized Offer
( see page 2)
Proposer
Information
( see page 3)
Subcontractor Information
( see page 4)
Letter of Submittal
( see page 5)
Non-Cost
Proposal ( see page 6)
Cost
Proposal ( see page 8)
o
o
o
o
o
o
Note: The WSLCB uuderstands that
potential Proposers may
have limited
experience
in
providing
the
expertise
req uired
in all
Categories
described in RFP K430. In order to better
leverage
resources available for
performing
the Services
req uired herein,
the WSLCB recommends that
potential Proposers may
form teams that combine
their
knowledge, skills,
and abilities into one
( I) Proposal
to meet the
req uirements
as stated in RFP K430.
RFP K430 Submittal Document
I
00006126
PROPOSERS AUTHORIZED OFFER
.
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washiugton
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Respouse,
to which it is
attached, affinniug
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
I.The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror
or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered.The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law.No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting a single Proposal.
2.The attached
Response
is a firm offer for a period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3.In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response.Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposers Response.
4.We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5.We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected
as a contractor.It is further understood that our standard contract will not be considered as a
replacement
for the
telIDS and conditions
appearing
in
Appendix
B of this solicitation.
6.We
(
circle
one)
are / are not
submitting proposed
Contract
exceptions.
7.The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
~ ubmitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result ofthis solicitation.
JOllll P.Earls
Proposer Signature
Pres/Owner
Title
Northwest
Region
USA
Company
Name
Feb.
12,2013
Date
RFP K430 Submittal Document
2
00006127
00006128
SUBCONTRACTOR INFORMATION
Check the
applicable
box:
DYes xNo Your firm intends on
utiliz ing
subcontractors to fulfill the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
his/her own
employees
carried
on
payroll
or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as required
with their
response
to seek
approval.
Contractor w be held
responsible
for all work
performed.or
not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to b
throug h
the Contractor.
If revisions are
required
in the subcontract
assig nment,
new
parties
are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors wh.o will
perform
services in fulfillment of
contract
requirements, including
their
name,.
the nature of services to be
perfonned, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1 Subcontractor 2
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:.
Email: Email:
FedID: Fed ID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes No
Subcontractor 3 Subcontractor 4
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Emai1: Emai1:
Fed ID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes No
RFP K430 Submittal Document
4
00006129
LETTER OF SUBMITTAL
The
Proposers
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introduc tory remarks,
the Letter of Submittal is to inc lude
by
attac hment the
following
information about the
Proposer
and
any proposed
subc ontrac tors:
)>
Name, address, princ ipal plac e
of
business, telephone number,
and fax number/e-mail address
oflegal entity
or
individual with whom c ontrac t would be written.
)>
Name, address,
and
telephone
number of eac h
princ ipal
offic er
( President,
Vic e
President, Treasurer, Chairperson
of the Board of
Direc tors, etc .)
)> Loc ation of the
fac ility
from whic h the
Proposer
would
operate.
)> Statement of whic h of the
following Categories Proposer
is
responding
to:
Category
I: Produc t and
Industry Knowledge
Category
2: Produc t
Quality
Standards and
Testing
Category
3: Produc t
Usage
and
Consumption
Validation
Category
4: Produc t
Regulation
)>
Identify any
state
employees or former state
employees employed or on the firms
governing
board as of the date
of the
proposal.
Inc lude their
position
and
responsibilities
within the
Proposers organization.
If
following a
review of this
information,
it is determined
by
the WSLCB that a c onflic t of interest
exists,
the
Proposer may
be
disq ualified
from further c onsideration for the award of a c ontrac t.
RFP K430 Submittal Doc ument
5
00006130
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entifY
a
specific company
brand .
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
.
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
1.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firms
ability, capacity,
skills and /or
other
ex pertise
in Prod uct and
Ind ustry Knowled ge, includ ing
but not limited to the
following:
.
a. How
Marijuana
and /or
Agricultural prod ucts are
grown, cultivated , harvested , cured ,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
finns
ex perience
in Prod uct and
Ind uslly Knowled ge
as it relates to
Marijuana.
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
team
structure and internal controls to be used
d uring
the course of the
project, includ ing any
subcontractors. Please
d efme how the firm will establish lines of
authority
for
personnel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or functions of the firm.
4. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by
name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals
particular
skills related to this
project,
ed ucation, ex perience, significant accomplishments
and
any
other
peltinent
information.
CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firms
ability, capacity,
skills and /or
ex pertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a.
Knowled ge
of the infrastructure
required
to test
Marijuana
to ensure prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firms
ex perience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
yonr
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals
particular
skills related to this
project,
ed ucation, ex perience, significant accomplishments
and
any
other
pertinent
information.
8.
Approach
and
Method ology.
In two
(2) pages
or less, please provid e a complete d escription
of
your
firms
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop
a
reputable protocol
for
Prod l!ct Quality
Stand ard s and
Testing as
requested
in this
RFP,
to d etermine TCHlCBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain.
RFP K430 Submittal Document
6
00006131
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
9.
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
firms
ability, c apac ity,
and skills
and/or
expertise
to estimate Produc t
Usag e
and
Consumption
levels
by g eog raphic areas in
Washing ton
State.
10.
Experienc e.
In two
(2) pag es
or less, please
desc ribe
your
firms
experienc e
in statistic al
researc h, spec ific ally
related to
determining demog raphic
and/or
psyc hog raphic seg mentation, preferably
related to the use of Cannabis.
11. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors,
wh~
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals
partic ular
skills related to this
proj ec t,
educ ation, experienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
12.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a c omplete desc ription
of
your
firms
proposed approac h
and
methodolog y
to be used for Produc t
Usag e
and
Consumption
validation as
requested
in this
RFP, to estimate
demog raphic
and
psyc hog raphic seg mentation, spec ific ally
related to the use of Cannabis.
CATEGORY 4 PRODUCT REGULATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
13.
Ability, Capac ity
and Sltills. In two
(2) pag es
or less, please
desc ribe
your
firms
ability, c apac ity,
and skills
and/or
expertise
in Produc t
Reg ulation, inc luding
but not limited
to,
the
following :
a.
Experienc e
with
State,
loc al or Federal
g overnment proc esses
and
proc edures
b.
Experienc e
in
c rafting system reg ulations
14.
Experienc e.
In two
(2) pag es
or less, please
desc ribe
your
firms
experienc e
in
working
within the c onfines of a
reg ulatory system,
and
experienc e
in
c reating
and/or
modifying rule, law, ordinanc e,
and/or
g uidelines.
15. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by
name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals
partic ular
skills related to this
proj ec t,
educ ation, experienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
16.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a
c omplete desc ription
of
your
firms
proposed approac h
and
methodolog y
to be used in
assisting
the WSLCB with
developing
rules and a reg ulation
strateg y
for the state of
Washing tons new
Marij uana System.
RFP K430 Submittal Doc ument
7
00006132
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I or Table 2 below
by entering
their Not-to- Exceed
(NTE) Hourly
Rate
Q!
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
ofthis
RFP,
one
day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B of the RFP for
Proposers
convenience.
T bl 1 H I R t a e :
oury
a e
Descrintion NTE Hourlv Rate
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
$_p/hour
Consulting
Services as stated in this RFP
Table 2 Dailv Rate
,
Descrintion NTE Dailv Rate
Not-to-Exceed
(NTE) Daily
Rate for 1-502
$
475p/day
Consulting Services as stated in this RFP
RFP K430 Submittal Document
8
00006133
February 12,
2013
To: WSLCB
From: Northwest
Region
USA
Re: Letter of Submittal
Pages:
One
Name: Northwest
Region
USA
Address: P.O. Box
325, Lakebay,
WA 98349
Doing
Business in:
Washington
State
Tel#: 253-229-1557
Fax: 253-884-6272
Email
Address:johnpearls@msn.com
President: John P. Earls 253-229-1557
Location:
Lakebay
W A
Northwest
Region
USA would like to assist WSLCB in the
following
502
categories.
1. Product and
Industry Knowledge
2. Product
Quality
Standards and
Testing
3. Product
Usage
and
Consumption
Validation
4. Product
Regulation
John P. Earls is the
only employee
of Northwest
Region
USA this time. Mr.
Earls is the
owner and
president
of Northwest
Region
USA.
Northwest
Region
USA can
be
helpful
in these
consulting
service areas.
1. Product and
Industry Knowledge.
I understand how
marijuana
is
grown,
cultivated, harvested,
cured and
processed.
I am familiar with various
ways
to
package, label, transport,
and
. retail
any product.
I am
experienced
in
wholesaling
and warehouse
storage,
and how to handle the re-call and
possible disposal
of
product
that is
unacceptable
for
any
reason.
2. Product
Quality
Standards and
Testing.
While
attending
Indiana
University
I
designed marijuana
research
projects;
one of which was
published
in the American
Psychological
Journal. I
believe
ongoing
research is recommended.
00006134
3. Product
Usage
and
Consumption
Validation.
One of
my previous positions required
extensive travel in
Washington
and
elsewhere. I am familiar with all the
geographic
areas of
Washington,
and
how the
demographics
of each
county
relate to sales.
4. Product
Regulation.
I do not have
a
strong understanding
of
government processes
and
procedures,
but I am a fast learner. Once I understand I am
experienced
in
teaching
others to understand.
Thank
you
for
considering
this
application.
Northwest
Region
USA recommends
ongoing meetings
to
update
timelines
for
progress
toward short term and
long
term
goals.
These
meetings
will
seem
confusing
at first and must have
input
from different
points
of view.
The
meetings
will determine the
goals
to be
achieved; realistically.
My personal experience
involves the
corporate
world of
manufacturing
and
selling
Musical Instruments.
Working
within
large corporations
and with
kind of a sub-culture of musicians has
given
me incredible
insight
into the
mindset of cannabis
users,
and also how to relate cannabis to
big
business.
There is not much in 502 that can be
compared
to the end of the
prohibition
era.
Any comparisons attempted
will
only
confuse the issue. Northwest
Region
can
help keep everyone
on the
right track,
focused on the revenue
available,
and how
Washington
can benefit from initiative 502. Please
request
an interview for
a more detailed
explanation
of
experience.
Please let
me know if more information is needed.
John P. Earls
February 12,
2012
00006135
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 12:02 PM
John PEarls
Gohnpearls@msn.com)
WSLCB RFP K430 -
Rejection
Notification
K430_Northwest Region USA_Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00006136
Washington
State
Liquor
Control Board
Febmary 25,
2013
John P. Earls
Northwest
Region
USA
PO Box 325
Lakebay,
WA 98349
Suhject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Earls,
This letter is to inform
you
that NOlthwes!
Region
USAs
response
to
Request
for
Proposals (RlP)
K430
has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2 ofRFP K430, Preparation
of
Proposals,
states in
part:
"..
.Incomplete
or
vague responses may
be considered
non-responsive
Clnd
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
//lay disqualif
the
Proposer om
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
submitted
by
Northwest
Region
USA is
vague
and
incomplete,
and
therefore unable to be evaluated in accordance with the
requirements
ofRFP K430. Northwest
Region
USA is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business
With
the
Washington
State
Liquor
Control Board. This
measure is
being taken to assist
you
ill
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email
atjsf@liq.wa.gov.
Sincerely,
~
Procurement Coordllatar
~
co: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00006137
Norton, Melissa K
From:
Sent:
To:
Subject:
John PEarls
<johnpearls@msn.com>
Monday, February 25, 2013 1:36 PM
Farley,
John 5
RFP
Requirements
Hello
John,
I
appreciate your help attempting
to
apply
for the
opportunities
502 has
presented.
I
.
also feel
grateful
the
rejection
notice let me know what
happened.
There was not much time left
when I
got
to that
step,
and I
guess
I should have been more
specific.
I wonder how I could have
been
honestly
more
specific
about a
subject
that has
never
been
explored
in America before. I have
never
applied
for a
position
with the
state,
and I
mistakenly
assumed someone
might
interview
me if
they
needed more detailed information. Thats how I found record
breaking
staff members
when I was
in the
corporate jungle.
I still feel I could be valuable to the efforts because of
my
understanding
ofthe
subject
and
Corporate
America. Does
my
drive and desire to be a
part
ofthis
historic event mean
anything?
I
hope
so because I am not
giving
up.
I know some ofthe
companies
on the list were involved with the Medicinal
Marijuana organizations,
but
they
have a stake in 502
that
may
not be the same as
yours.
Their stake is the loss of
money
and control oftheir
industry.
I
hope
some of the winners who were more familiar with the
process
than I am also want the State to
succeed like I do. Instead of
trying
to find
ways
of
disqualifying
the
candidates, maybe
a better
approach
would be to understand the kind of
people you
are
looking
for. A
simple phone
call or
email could have filled in whatever
gaps
I missed. This is
a whole new direction; please
dont
disqualify people
with the old standards. If
you
could be so kind and let me know ifthere is
anything
I can do to be a
part
of this
process
I would be
again grateful.
This is all
new,
and the
people
who can
help
the most have no
experience
with the
paperwork.
Is there
any way
I can
get
on
board? If
you
could look at
my application
and tell me what I missed that would
help
even
though
the bid is closed. Thank
you
for all
your help.
John
1
00006138
Norton.
Melissa K
From:
Sent:
To:
Cc:
Subject:
Attachments:
Cunningham,
Katie M
Tuesday, February 26,
2013 2:57 PM
Berni, William J
Farley,
J ohn 5
J ohn P. Earls -Communication
RE:
Application Impossible (1-502); RE:; RE:
Please see the attached communication we have had with J ohn P. Earls.
Katie
Cunningham
Contracts and
Support
Services
Washington
State
Liquor
Control Board
3000 Pacific Ave SE
Olympia,
WA 98504
(360)
664-4521
ki@liq.wa.gov
1
00006139
Norton.
Melissa K
From:
Sent:
To:
Subject:
Carpenter,
Mikhail
Frid ay ,
March
01, 2013 1:13 PM
Cunningham,
Katie M
FW: Your WSLCB
inq uiry
"^~~"_~"~"~____~^_,,~_~~~~.m...~"C_. .w""......n.^.~.~~_~~h.~___~m_~.~.~__<<. ___"^__"h~"_~R_~___"._~~~__~~~_~~~,."._,_~_,.",.~~~^_~.~____,,"__.._~__,~_,___~,
From: John PEarls
[mailto:johnpearls@msn.com]
Sent:
Frid ay ,
March
01,
2013 12:31 PM
To:
Carpenter,
Mikhail
Subject:
Re: Your WSLCB
inq uiry
Greetings Mikhail,
and thank
y ou
for
respond ing,
and
please
thank Janet for
passing my message along
to
y ou.
I
agree my
comments are
public
but
they are not concerned with the value of 502.
My concern is
how502 has been
managed so far and how
long
the
implementation
will take at the current rate of
progress.
Our citizens have no time left for
mistakes; we must
get
the revenue that is so close. I realize
non
responsive
means failure to fit the criteria but when the criteria is
experience
whats the
point.
This is
a first,
and that
sy stem
closes out the best mind s available to
y ou.
Med icinal
people are valuable but there
are some
very good reasons to
bring
in others too. This is a lot more
important
than
y ou imagine, more
than
just a job
for
me;
I can take it or leave it. This will be
nothing
like
y ou
have ever
experienced
before.
Get it
right
and we make
history : get
it
wrong;
look out. I continue to be remind ed
why
I retired
early .
Best of
luck,
John
-----
Original Message
-----
From:
Carpenter,
Mikhail
To:
johnpearls@msn.com
Sent:
Thursd ay , February 28,
2013 11 :01 AM
.
Subject:
Your WSLCB
inq uiry
Good
morning John,
Thank
y ou again
for
y our
interest in the 1-502
implementation process.
I was forward ed
y our
email as its content d oes
not
apply
to the
person y ou
sent it to.
Looking over
y our message
I see two sections that are ad d ressable: the RFP
process
and
employ ment
with the WSLCB which I will ad d ress below.
Every thing
else
appears
to be
public comment on
the 1-502
process
and I have forward ed it to the
appropriate parties
as such.
In
regard s
to
y our
RFP
submittal, being
d eemed
Non-Responsive means that the bid failed to meet the basic
req uirements
set forth in the RFP. There is no
appeal
for a
Non-Responsive
bid because failure to meet basic criteria is
not a
subjective process-the potential
vend or either met the
req uirements or
they
d id nt.
If
y ou
are interested in
pursuing employ ment
with the WSLCB
y ou
need to
go Careers.wa.gov,
fill out
y our profile
and
apply
for
specific positions
as
they
become available.
Using Careers.wa.gov ensures that each one of the multitud e of
people
interested in
working
at the WSLCB is
given a fair
opportunity
to
apply .
It is
against
state lawfor to hire
someone without
going through
the
hiring process.
Thank
y ou
for
y our participation
in the RFP and
public
comment
process
Mikhail
Carpenter
WSLCB Communications
1
00006140
From: John PEarls
[mailto:johnpearls@msn.comJ
Sent:
Tuesday, February 26,20132:18
PM
To:
Krueger,
Janet L
Subject: Update
Hi
Janet,
remember me? First I want to thank
you
for
helping
me
apply
for the
consulting position
with
WSLCB to
implement
502. Of course I was
disq ualified
for
being
lNon
Responsive".
This means
exactly
what
I wrote about in the "World is
watching"
email I sent
you.
Since I was not able to
give
them more details about
my experience
I was
immediately disq ualified.
I listened to Pat Coles interview on NPR this afternoon and her
statements
caught my
attention. First she said the new staff would be diverse. Then Pat said she had been
working closely
with the Medical
Marijuana people.
This must mean the bids went there. I believe Medicinal
needs to be a
part
of the
process
but not the
majority
of it. Once
Washington
takes control the medicinal
people
will be out a lot of
money;
and all the control of what
they
consider "their"
industry.
I believe this makes their
judgment suspect.
True
diversity brings
in
people
like me. From the interviews like Pats and others it becomes
clear the WSLCB has no
knowledge
of
Marijuana,
its
effects,
and
maybe
even what it looks
like;
and
they
are
not
really
interested in
learning
about it. When asked if she
thought
the
Washington
State
Liq uor
Board should
change
its name her
response
was "We
thought
about it but decided not to." That was a
strange response.
Then
she said
they
are
building
similar
guidelines
to what were used with alcohol. That is a terrible mistake and will
cost
Washington a lot of
money
to correct later.
Anyway
I would like to
appeal my disq ualification.
I believe
Jay
Inslee listens to
you,
I read his letter to Eric Holder. I am the one to
bring
in the
revenue,
and I am the one
to meet the new December 1 st deadline
( It
has been set back once so far) .
And I want to be the first to
say
the
WSLCB will not make that deadline with the
path they are now on. Does the state have a
representative on
their team? I know the WSLCB is
looldng
to
bring
in some
management.
As
long
as I tell the truth I havent a
chance;
but tell the truth I must. I dont care about the
WSLCB,
but I do like food banks.
They
all will be
helped by
this new revenue stream. Isnt that what we want? I need
your help.
We all need
your help.
Marijuana
has been demonized for over half a
centnry,
and its time to reverse that now before it
goes
on
sale. Please
respond
and thank
you
so
very
much. John
2
00006141
Norton. Melissa K
From:
Posted At:
Conversation:
Posted To:
Edwards, Scott
(DES) <scott.edwards@des.wa.gov>
Tuesday, February 12, 2013 4:03 PM
Application Impossible (1-502)
Microsoft Outlook Embedded
Message
Subject:
RE:
Application Impossible (1-502)
Congratulations
for
getting through it,
John!
Our team will be
standing by
to
help you
when
you
need
help
with the WEBS bid
system.
Click this link for
more WEBS information:
htlp://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSVendorFAQ.aspx
Contact the
Liquor
Control Board if
you
have other
questions
for the Initiative 502 bid. Their contact is
k430@liq.wa.govor
360-664-1600.
Scott Edwards
Washington
State
Department
of
Enterprise
Services
Contracts &
Legal
Services
I
Business Process &
Design
scott.edwards@des.wa.gov I
360.407.9397
I www.des.wa.gov
From: John PEarls
[mailto:johnpearls@msn.com]
Sent:
Tuesday, February 12,
2013 2:39 PM
To:
Edwards,
Scott
(DES)
Subject:
Re:
Application Impossible (1-502)
Hey Scott,
I did it. Im
registered on the site. I found the
consulting
commodities and Im in. Im rather
pleased
with
myself
at the
moment,
and Im
ready
to
get
to work. Hire
me, youll
be
glad you
did. Thanks
again,
John.
-----
Original Message
-----
From:
Edwards,
Scott (DES)
To: John PEarls
Cc:
K430@liq.wa.gov ; Krueger, Janet;
DES WEBS Customer Service
Sent:
Tuesday, February 12,
2013 12:02 PM
Subject:
RE:
Application Impossible (1-502)
Hi
John,
Thank
you
for
sharing your thoughts
and
feelings on this matter. I
appreciate your openness. My
team who
manages
the WEBS
system,
that this RFP was
posted in,
dont have a hand in the Initiative 502
application
process imposed by
the staff at the
Liquor
Control Board. I have
copied
Janel
Krueger
on this email so she
.
can hear
your suggestions
and concerns.
Please let us know if
you
need
any
assistance with
registering
for a WEBS account and
managing
it.
Scott Edwards
Washington
State
Department
of
Enterprise
Services
1
00006142
Contracts &
Legal
Services
I
Business Process &
Design
scott.edwards@des.wa.gov I
360.407.9397
I www.des.wa.gov
From: John PEarls
[mailto:johnpearls@msn.com]
Sent:
Tuesday, February 12,
2013 11:16 AM
To: DES WEBS Customer Service
Subject: Application I mpossible
Greetings
and a suggestion
from JPE. I
attempted
to
apply
for a consulting position
a
couple
of times and
was
discouraged.
The site insisted on answers to
questions
that did not
apply
to me or what I was
trying
to
accomplish.
502 is a tremendous
opportunity
for our state to
bring
in the revenue we need.
Washington
can set the
example
and
help
turn Americas
economy
around with
progressive thought
and
planning.
The
application process
is our first mistake. The
ap
wants to know the
history
and track record
of
my business;
how much
experience
do I and
my employees
have with the
job
I m
applying
for.
Anyone
who
says they
have a business with lots of
experience
in this
subject
is
probably
not truthful. I learned a
long
time
ago
if
you
want to sell to someone
you
must be aware of their mindset. The
application process
will turn
away
the
people you
need
most,
who know the mindset of
your potential
customers. We need to
get
this
right
and
soon;
our citizens and their families need to use the
opportunity they gave
us to
bring
in the revenue for
education,
health
care,
fire and
police protection; quickly. Surely
we can
bypass
the
time-wasting
and
get
on with this. We are
history
in the
making,
and the world is
watching.
Please email
me. Thanks,
John
-----
Original Message
-----
From:
Krueger,
Janel L
To:
johnpearls@msn.com
Sent:
Tuesday, February 05,2013
11 :14 AM
Subject:
FW:
Hi
John,
Thank
you
for
wanting
to work with the
Liquor
Control Board. Please follow the
process
on this link - visit:
http://www.liq.wa.gov/marijuana/rfp-at-a-glance.
Thank
you,
Janet
Krueger
360-664-1643
From: John PEarls
[mailto:johnpearls@msn.comJ
Posted At:
Tuesday, February OS,
2013 10:20 AM
Posted To: K430
Conversation:
Subject:
Good
morning,
I would like to
apply ,for a consulting position
relative to initiative 502 and
marijuana.
Attached is
my
resume. I can be
helpful
in these
consulting
service areas.
1. Product and
I ndustry Knowledge.
2
00006143
I understand how
marijuana
is
grown, cultivated, harvested,
cured and
processed.
I am familiar
with various
ways
to
package, label, transport,
and retail
any product.
I am
experienced
in
wholesaling
and warehouse
storage,
and how to handle the re-call and
possible disposal
of
product
that is
unacceptable
for
any
reason.
2. Product
Quality
Standards and
Testing.
While
attending
Indiana
University
I
designed marijuana
research
projects; one of which was
published
in the American
Psychological
Journal. I believe
ongoing
research is recommended.
3. Product
Usage
and
Consumption
Validation.
One of
my previous positions required
extensive travel in
Washington
and elsewhere. I am
familiar with all the
geographic
areas of
Washington,
and how the
demographics
of each
county
relate to sales.
4. Product
Regulation.
I do not have a
strong understanding
of
government processes
and
procedures,
but I am a fast
learner. Once I understand I am
experienced
in
teaching
others to understand.
Thank
you
for
considering
this
application.
Please contact me if
you
need
any information,
and
please
inform me of the next
step
I should take to
apply.
John P. Earls 253-229-1557
johnpearls@msn.com
3
00006144
Norton.
Melissa K
From:
Sent:
To:
Subject:
K430
Wednesday, February 13, 2013 8:40 AM
John PEarls
RE:
John,
Your
company
does not need to be on that list in order to submit a
response.
The list that
you
are
ref erring
to show the
list of vendors who the
orig inal
bid notif ication was sent to
automatically throug h
the WEBS
system.
Since
you reg istered
af ter the bid was orig inally posted, your company
will not be on that list.
Your WEBS
reg istration
does not constitute a
response.
In order to
respond
to the
RFP, you
must download the
document and
respond per
the
requirements
and instructions in the RFP.
Please let me know if
you
need
anything
else.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.g ov
From: John PEarls
[mailto:johnpearls@msn.com]
Posted At:
Wednesday, February 13,
2013 8:28 AM
Posted To: K430
Conversation:
Subject:
Re:
HI
ag ain,
the list of businesses I am ref erring
to is the list of vendors
competing
f or the
opportunity using
system
identif ier 21828 Initiative 502
Consulting
Services. This
opening
will close on
Friday.
If
you
click on
"view more details next to Vendors it will
display
a list of vendors
competing
f or this
opportunity.
I am
reg istered
into the correct commodities but
my
business is not listed. I cant f ind
any way
to add
my
company
to the list. Since I
g ot throug h
I must have f illed it out
properly.
I must have downloaded it to f ill
it
out, rig ht?
Can
you help
me?
Thanks,
John
-----
O rig inal Messag e
-----
From: K430
To: John PEarls
Sent:
Wednesday, February 13,
20136:54 AM
Subject:
RE:
Good
Morning John,
Thank
you
f or
your inquiry.
It
appears
there is a little conf usion.
Reg istering
in WEBS does not
put your
f irm on a list of
business
competing
f or 1-502
opportunities.
There is no such list. WEBS is a central vendor
reg istration
and bid
notif ication website utilized
by Washing ton
State
ag encies.
The WSLCB
posted
RFP K430 f or 1-502
Consulting
Services to WEBS. In order to be considered f or award of the
RFP, you
must download the RFP document and
respond per
the
requirements as stated therein.
Since it sounds like
you
are reg istered
in
WEBS, you
must search f or the RFP
(you can use customer identif ier #
K430),
download
it,
and
respond per
the instructions listed in the RFP.
1
00006145
If
you
have
any questions
or need additional
information, please
feel free to contact me.
Thank
you,
John
F arley
Procurement Coordinator
K430@Ii
.wa.gov
F rom: John PEarls
[mailto:johnpearls@msn.comJ
Posted At:
Wednesday, F ebruary 13,
2013 6:46 AM
Posted To: K430
Conversation:
Subject:
Re:
Good
Morning
John.I followed
your
direction and have
registered my business, (Northwest Region USA)
into the
system.
I need to
get
the business on the list of businesses
competing
for the 502
opportunities.
There is an
opportunity
that fits
my
commodities
selection,
but Northwest
Region
USA
(my business)
is
not on the list of businesses interested.How can I
get
it on that list
right away.
I think it closes on
F riday.
I will be a valuable asset to
get
the
funding
this state needs.We are so close.Please
help me one more
time.Thank
you,
John
-----
O riginal Message
-----
F rom: K430
To: John PEarls
Sent:
Tuesday, F ebruary 12,
2013 3:20 PM
Subject:
RE:
Good Afternoon
John,
Vendors interested in
viewing and/or responding
to
Request
for
Proposals (RF P)
K430 must
register
and download the
RF P document from
Washingtons
Electronic Business Solution
(WEBS).
O nce
downloaded,
the RF P document will
explain
and
provide
the format in which to submit
your response.
In order to be
formally
considered for contract
award, you
must submit a
response
in accordance with
the RF P
requirements.
The RF P Process (which is a formal
competition resulting
in an awarded
contract)
is different from the
hiring process
(for employment
with the
WSLCB).
In
regards
to
hiring,
all
job openings
will be
posted
in the careers section of our
website.The actual
application process
is done
through Careers.wa.gov.
Visit their website and fill out
your profile
in
advance so
you
are ready
when
opportunities
become available.
Careers.wa.gov
will also
notify you
about new job
postings
with the WSLCB.
Thank
you
for
your
interest in
doing
business with the WSLCB.If
you
have
any questions
or need additional
information, please
feel free to contact me.
John
F arley
Procurement Coordinator
K430@Ii
.wa.gov
F rom: John PEarls
[mailto:johnpearls@msn.comJ
Posted At:
Tuesday, F ebruary 12,
2013 2:50 PM
Posted To: K430
Conversation:
Subject:
Re:
Hi
John,
I
finally
finished and I am now
registered
in the
system.My consulting company
is Northwest
Region
USA. Please hire
me, you
wont
regret
it.Thanks
again,
John
I
-----
O riginal Message
-----
2
00006146
From: K430
To: John PEarls
Sent:
Thursday, February 07,
20132:20 PM
Subject:
RE:
Good Afternoon
John,
Thank
you
for
your input.
It sounds like
you may
be
referring
to the WEBS
reg istration process
in
your
email below. The WEBS
reg istration
process
is not the RFP
process.
WEBS is a central vendor
reg istration
and bid notification site that
Washing ton
State
uses for all
bidding opportunities.
If
you
need assistance with the WEBS
reg istration process, please
contact WEBS
customer service at
(360)
902-7400 or
WEBSCustomerService@des.wa.g ov.
If
you
have
any questions or need additional
information, please
feel free to contact me.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig .wa.g ov
From: John PEarls
[mailto:johnpearls@msn.comj
Posted At:
Wednesday, February 06,
2013 7:02 AM
Posted To: K430
Conversation:
Subject:
Re:
Greeting s
and a sug g estion
from JPE. I
attempted
to
apply
for a consulting position a
couple
of times and was
discourag ed.
The site insisted on answers to
questions
that did not
apply
to me or what I was
trying
to
accomplish.
502 is a tremendous
opportunity
for our state to
bring
in the revenue we need.
Washing ton can
set the
example
and
help
turn Americas
economy
around with
prog ressive thoug ht
and
planning .
The
application process
is our first mistake. The
ap
wants to know the
history
and track record of
my business;
how much
experience
do I and
my employees
have with the
job
Im
applying
for.
Anyone
who
says they
have
a business with lots of
experience
in this
subject
is
probably
not truthful. I learned a long
time
ag o
if
you
want
to sell to someone
you
must be aware of their mindset. The
application process
will turn
away
the
people you
need
most,
who know the mindset of
your potential
customers. We need to
g et
this
rig ht
and
soon;
our
citizens and their families need to use the
opportunity they g ave
us to
bring
in revenue for
education,
health
care,
fire and
police protection; quickly. Surely we can bypass
the
time-wasting
and
g et
on with this. We are
history
in the
making ,
and the world is
watching .
Please email me. Thanks,
John
-----
O rig inal Messag e
-----
From: K430
To: John PEarls
Sent:
Tuesday, February 05,201311 :11 AM
Subject:
RE:
Good Afternoon
John,
Thank
you
for
your
interest in
doing
business with the
Washing ton
State
Liquor
Control Board
(WSLCB).
The WSLCB issued
Request
for
Proposals (RFP)
K430 for Initiative 502
Consulting
Services on
January 18,
2013. The
RFP
process
allows vendors to submit
proposals
in
response
to the RFP
requirements.
Under RFP
K430,
the WSLCB is
seeking consulting
services in the
following categ ories:
1. Product and
Industry Knowledg e
2. Product
Q uality
Standards and
Testing
3
00006147
3. Product
Usage
and
Consumption
Validation
4. Product
Regulation
The WSLCB is able to contract with out-of-state vendors. In order to be
formally
considered for contract
award, you
must submit a
response
in accordance with the RFP
requirements.
Vendors interested in
viewing and/or responding
to RFP K430 must
register
and download
tile
RFP document from
Washingtons
Electronic Business Solution
(WEBS).
Once
downloaded,
the RFP document will
explain
and
provide
the
format in which to submit
your response.
Please visit:
http://des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx
to
register
and/or obtain additional information about WEBS. For
questions
about WEBS and the
registration process, please
contact WEBS customer service at
(360)
902-7400 or
WEBSCustomerService@des.wa.gov.
The RFP Process
(which
is a formal
competition resulting
in an awarded
contract)
is different from the
hiring process
(for employment
with the
WSLCB).
In
regards
to
hiring,
all
job openings
will be
posted
in the careers section of our
website. The actual
application process
is done
through Careers,wa.gov.
Visit their website and fill out
your profile
in
advance so
you
are ready
when
opportunities
become available.
Careers.wa.gov
will also
notify you
about new job
postings
with the WSLCB.
Thank
you
for
your
interest in
doing
business with the WSLCB. If
you
have
anY questions or need additional
information, please
feel free to contact me.
John
Farley
Procurement Coordinator
K430@liq.wa.gov
From: Joh n PEarls
[mailto:johnpearls@msn.com]
Posted At:
Tuesday, February 05,
2013 10:20 AM
Posted To: K430
Conversation:
Subject:
Good
morning,
I would like to
apply
for a
consulting position
relative to initiative 502 and
marijuana.
At
whed is
my
resume. I can be
helpful
in these
consulting
service areas.
1. Product and
Industry Knowledge.
I understand how
marijuana
is
grown, cultivated, harvested,
cured and
processed.
I am familiar with
various
ways
to
package, label, transport,
and retail
any product.
I am experienced
in
wholesaling
and
warehouse
storage,
and how to handle the re-call and,
possible disposal
of
product
that is
unacceptable
for
any
reason.
2. Product
Quality
Standards and
Testing.
While
attending
Indiana
University
I
designed marijuana
research
projects; one of which was
published
in the American
Psychological
Journal. I believe
ongoing
research is recommended.
3. Product
Usage
and
Consumption
Validation.
One of
my previous positions required
extensive travel in
Washington
and elsewhere. I am familiar
with all the
geographic
areas of
Washington,
and how the
demographics
of each
county
relate to
sales.
4. Product
Regulation.
I do not have a
strong understanding
of
government processes
and
procedures,
but I am a fast learner.
Once I understand I am
experienced
in
teaching
others to understand.
Thank
you
for
considering
this
application.
Please contact me if
you
need
any information,
and
please
inform me of the next
step
I should take to
apply.
John P. Earls 253-229-1557
johnpearls@msn.com
4
00006148
Norton.
Melissa K
From:
Sent:
To:
Subject:
K430
Thursday, February 07, 2013 1:40 PM
John PEarls
RE:
Good Afternoon
John,
Thank
you
for
your inq uiry.
Individuals are also able to
register
in WEBS. For assistance in
registering
with
WEBS, please
contact WEBS customer
service at
(360)
902-7400 or
WEBSCustomerService@des.wa.gov.
Please feel free to contact me if
you
have
any q uestions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq .wa.gov
From: John PEarls
[mailto:johnpearls@msn.com]
Posted At:
Tuesday, February 05,
2013 2:36 PM
Posted To: K430
Conversation:
Subject:
Re:
Hi
John,
I
began
to follow
through
on the
application
but the
q uestions
did not
apply
to me. I am not a
corporation.
These are new and different
times,
the old
ways
dont
necessarily apply.
I am a
person;
a
person
who can be of tremendous
help.
We need to cut
through
the
sledge.
Can
you help? Thanks,
John
-----
O riginal Message
-----
From: K430
To: John PEarls
Sent:
Tuesday, February 05,201311 :11 AM
Subject:
RE:
Good Afternoon
John,
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liq uor
Control Board
(WSLCB).
The WSLCB issued
Req uest
for
Proposals (RFP)
K430 for Initiative 502
Consulting
Services on
January 18,
2013. The
RFP
process
allows vendors to submit
proposals
in
response
to the RFP
req uirements.
Under RFP
K430,
the WSLCB is
seeking consulting
services in the
following categories:
1. Product and
Industry Knowledge
2. Product
Q uality
Standards and
Testing
3. Product
Usage
and
Consumption
Validation
4. Product
Regulation
The WSLCB is able to contract with out-of-state vendors. In order to be
formally
considered for contract
award, you
must submit a
response
in accordance with the RFP
req uirements.
1
00006149
Vendors interested in
viewing and/or responding
to RFP K430 must
register
and download the RFP document from
Washingtons
Electronic Business Solution
(WEBS).
Once
downloaded,
the RFP document will
explain
and
provide
the
format in which to submit
your response.
Please visil:
http://des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx to
register
and/or obtain additional information about WEBS. For
questions
about WEBS and the
registration process, please
contact WEBS customer service at
(360)
902-7400 or
WEBSCustomerService@des.wa.gov.
The RFP Process
(which
is a formal
competition resulting
in an awarded
contract)
is different from the
hiring process (for
employment
with the
WSLCB).
In
regards
to
hiring,
all
job openings
will be
posted
in the careers section of our website.
The actual
application process
is done
through Careers.wa.gov.
Visit their website and fill out
your profile
in advance so
you
are ready
when
opportunities
become available.
Careers.wa.gov
will
< ; Ilso notify you
about new job postings
with the
WSLCB.
Thank
you
for
your
interest in
doing
business with the WSLCB. If
you
have
any questions
or need additional
information, please
feel free to contact me.
John
Farley
Procurement Coordinator
K430@lig.wa.gov
From: John PEarls
rmailto:johnpearls@msn.coml
Posted At:
Tuesday, February 05,
2013 10:20 AM
Posted To: K430
Conversation:
Subject:
Good
morning,
I would like to
apply
for a
consulting position
relative to initiative 502 and
marijuana.
Attached
is
my
resume. I can be
helpful
in these
consulting
service areas.
1. Product and
Industry Knowledge.
I understand how
marijuana
is
grown, cultivated, harvested,
cured and
processed.
I am familiar with
various
ways
to
package, label, transport,
and retail
any product.
I am
experienced
in
wholesaling
and
warehouse
storage,
and how to handle the re-call and
possible disposal
of
product
that is
unacceptable
for
any
reason.
2. Product
Quality
Standards and
Testing.
While
attending
Indiana
University
I
designed marijuana
research
projects;
one of which was
published
in the American
Psychological
Journal. I believe
ongoing
research is recommended.
3. Product
Usage
and
Consumption
Validation.
One of
my previous positions required
extensive travel in
Washington
and elsewhere. I am familiar
with all the
geographic
areas of
Washington,
and how the
demographics
of each
county
relate to sales.
4. Product
Regulation.
I do not have a
strong understanding
of
government processes
and
procedures,
but I am a fast learner.
Once I understand I am experienced
in
teaching
others to understand.
Thank
you
for
considering
this
application.
Please contact me if
you
need
any information,
and
please
inform
me of the next
step
I should take to
apply.
John P. Earls 253-229-1557
johnpearls@msn.com
2
00006150
Norton, Melissa K
From:
Posted At:
Conversation:
Doug
Dahl
<pryor-Iorca@comcast.net>
Thursday, February 14,
2013 1:30 PM
RFP-K430, Pryor-Lorca
Ltd.
Subject: RFP-K430, Pryor-Lorca
Ltd.
Attached, please
find three RFP-K430 documents.
Colony K430_Submittal.doc
is
your
filled out electronic document.
Colony Proposal.doc
is our
proposal.
Colony Dwgs.pdf
are three
supportive drawings.
All
together they comprise
our RFP for
K430,
the
implementation
of
Washington
1-502.
I am
mailing
a hard
copy
of what is
being
sent
electronically
in a box to P.O. Box
43080, Olympia,
WA
98504.
It will contain additional information the Board
may
find
interesting regarding
the
"Colony" proposal.
Thank
you,
Doug
Dahl
Pryor-Lorca
LId.
4925 SW
Evelyn
Street
Portland,
OR 97219
503 246-2264
1
00006151
Norton, Melissa K
From:
Posted At:
Conversation:
Doug
Dahl <
pryor-Iorca@comcast.net>
Friday, February 15, 2013 11:57 AM
RFP-K430
Pryor-Lorca
Ltd.
Subject:
RFP-K430
Pryor-Lorca
Ltd.
I would like to add this addendum to
my already
submitted
proposal
"The
Colony",which
I sent in
yesterday.
This demonstrates the ease of construction for a CGE:
The
building
of a
garage
in six minutes
http://www.youtube.com/watch?feature-player embedded&v-vcHtgIKKJxE#!
Thank
you,
Doug
Dahl
Pryor-Lorca
Ltd.
4925 SW
Evelyn
Street
Portland,
OR 97219
503 246-2264
1
00006152
C F r y o r - L o r c a
L td.
4925 8WEVEL YN 8T
PORTL AND,
OR 97219
503 246- 2264
pr vo r - Io r c a @c o mc a st.net
WASHINGTON STATE IMPL EMENTATION OF
INITITATIVE 502
REQUEST F OR PROPOSAL F OR K430
C o nsulting
ser vic es to a ssist the
Wa shingto n
Sta te
L iquo r
C o ntr o l
Bo a r d with
implementa tio n
o f Initia tive 502
r equir ements
"THE C OL ONY"
A NOVEL IDEA
BY
Do ug
Da hl
Pr y o r - L o r c a
L td.
F ebr ua r y 11,
2013
"C ha nge
o f
a ny
so r t
r equir es c o ur a ge."
-
Ma r y
Anne Ra dma c her
00006153
GUIDELINES:
1.) Washington
State
Liquor
Control Board
For Immediate Release November
7,2012
As we
develop
the rules we will
keep
in mind our
top priority , public safety .
2.)
Initiative 502
OFM Fiscal
Impact
Statement
(1-502)
8/10/2012
General
Assumptions
. Practices authorized under
Chapter
69.51A RCW for medical
marijuana patients
and
designated providers
are assumed unaffected
by
this initiative.
Frequency
of
consumption
is estimated
using
the
pattern
contained in the United
Nations Office on
Drug
and
Crime,
2006 Bulletin on Narcotics,
Reviewof the World
Cannabis
Situation,
page
48. The
frequency
of
consumption by
users
ranged
from a low
of 18
percent consuming
once a
y ear
to 3
percent consuming daily . Apply ing
this
consumpt
on
pattern
to an estimated
363,000 Washington marijuana users,
and
assuming
2
grams
of
marijuana per use,
the number of
grams
consumed
annually
is
estimated at
85,100,000 grams.
3.)
RCW 69.51A.085 Collective
gardens.
(1) Qualify ing patients may
create and
participate
in collective
gardens
for the
purpose
of
producing, processing, transporting,
and
delivering
cannabis for medical use
subject
to the
following
conditions:
(b)
A collective
garden may
contain no more than fifteen
plants per patient up
to a
total of
forty -five plants;
4.)
All
production
must also be in accordance with:
. Marihuana Tax Act of 1937
.
Single
Convention on Narcotic
Drugs
1961
. Americans with Disabilities Act
CONCLUSION:
.
The
top priority
is
public safety .
RCW 69.51A.085 is unaffected
by
this initiative. This
establishes a maximum
garden
size of 45
plants.
These
gardens
are to
produce
85,100,000
grams annually .
The 45
plant garden
size
keeps
"BIG BUSINESS"
away .
There are
simple way s
to
comply
with section
4.) existing
laws.
We can
accomplish
the task with the
given guidelines.
2
00006154
K430 OPENING STATEMENT
The
Implementation
of
Washington
Initiative 502 can be
accomplished
without
reinventing
the wheel
by using
the
existing guidelines
and services
already
in
place.
Nobody really
knows how this will
work,
but if we use the tools we
already have,
it can
be
accomplished.
Public
safety
is the
top priority.
One of the
biggest problems
will be contamination.
Because of the
many
uses and methods of
consumption,
cannabis must be viewed as
FOOD. This
being
the case all
production, especially
cannabis headed for "food"
products,
should be
grown
under USDA
approval.
Those
guidelines already
exist and
can be
implemented. Anyone handling
cannabis should have a Food Handlers
License,
already
in
place.
Next we come to LIABILITY. Insurance is
I)ow
available for all
aspects
of cannabis
cultivation,
from seeds to theft of
product.
This market is in
place
and removes the
liability
from
Washington
and transfers it to the insurance carrier. It would then be
logical
to
simply
mandate that licenses be
given
to those
places
which can be insured. Let the
insurance
companies
solve this
problem.
The likelihood of
any problem
is diminished
when
cannabis
is
produced
in
FDA,
USDA
approved
rooms. Those standards are
already
in
place, just
use those to start. In order to
get
rid of the "Black
Market", one
simply
has to und r
price
them.
Testing
each batch can be ver
costly.
Cannabis is
known to be one of the safest
crops
which can be
grown.
Let the insurance
companies
worry
about that until there is demonstrated need of
testing.
Last
thought
on
insurance;
would
you give
a license to a
liquor
bar that did not have insurance?
We have moved into the 21st
Century.
Cannabis cultivation has
progressed
from
"ah,
shucks!" to
very high technology.
Because of the multitude of cultivation
techniques,
the selectioli of
approved
fertilizers and insecticides will be
very important.
There must
be an
approved
list
somewhere, use it,
dont reinvent the wheel.
Energy consumption
will need to be addressed. The best
way
to handle this is to have
lighting companies
demonstrate their
products
to show
energy
reduction and
improved
production.
As time moves on we will collect data to
improve
ALL
aspects
of cannabis
production
and use. The free market thrives on
competition.
Soon it will become clear
who can
produce
a
good product
at a low
price,
low
enough
to drive out the black
market,
and
everyone
else will follow the leaders.
The best
way
to
accomplish
all of this is
by
Closed
Growing
Environments.
Everyone
has the same
space
which will allow for the cultivation of the 45
plant
limit. The 45
plant
limit is
good
for
many
reasons. Each
grow space
will have a lot and batch number.
Any
problem
will be
easily
traced to the site and corrected.
Any
contamination
only
affects
45
plants.
The 45
plant
limit
keeps "big
business"
away.
Our
proposal
is to
develop
the Closed
Growing
Environment
(CGE)
into a model to be
used for cannabis
production
in
Washington.
3
00006155
K430 CATEGORY 1. PRODUCT AND INDUSTRY KNOWLEDGE
For the
scope
of this
proposal,
all cannabis
production
will be in accordance with:
. Marihuana Tax Act of 1937
.
Single
Convention on Narcotic
Drugs
1961
.
Washington
State RCW 69.051A.085
. Americans with Disabilities Act
The
plan
is to
identify
cannabis as FOOD, which it is. Then the manufacture of cannabis must
be made in
FDA,
USDA certified
grow
or
processing
facilities. Contamination will be
kept
to a
minimum. In this
way , production
and
liability
can be insured.
The best
way
to
grow
cannabis is in a Closed
Growing
Environment
(CGE).
With a CGE,
every
aspect
of
production can be controlled to obtain the desired
results,
and
any changes
can be
adapted.
The best
energy effiCiency technologies
will be
implemented
in a CGE.
Closed
Growing
Environments would be
self-contained,
and
energy
efficient. The ideal size
would be based
upon
a 36 foot
by
36 foot module
capable
of
maintaining
the threshold of 45
plants per "garden" per Washington
State RCW 69.051A.085. The module would have a 36 X
26
"grow"
area and a 10 X 36
space
for lab and office.
They
could be built
pre-fab
or on site.
Closed
Growing
Environments would control
lighting, heat, water,
C02
distribution, humidity ,
ventilation,
air
conditioning
and all
aspects
of
production
in the most efficient manner
possible.
The newest in
lighting technologies
would be
incorporated.
Advancements and
changes
would
be
easy
to accommodate. There are
currently
no Closed
Growing
Environments on the
market,
they
would need to be
designed,
the
purpose
of this RFP.
The
advantage
of the CGE is that
they
can be licensed and controlled
by
the
govemment.
In
Washington,
the collection of the excise tax would be
easy
to monitor. No homes would be
destroy ed by illegal grow operations, property
values would remain intact. The
design
of the
CGE will
incorporate
the best
energy
efficient
technologies.
The CGE would be safe and
secure, away
from children and for the most
part,
out of
sight. Quality
control is the heartbeat of
a CGE. The CGE
"Colony "
would meet all ADA
requirements.
We
strongly
believe the best
way
to
produce
the desired
quality
of cannabis is
accomplished
utilizing
the CGE modular
concept. History
shows the B.C.
grow operations
takes
place
in
residential
housing.
This
practice
ruins the house and
destroy s property
values.
Nobody
would
want to
copy
that model. We are
proposing
a
"Colony "
of 15 CGE
units,
12 CGE
"grow"
units
and 3 CGE units for
dry ing, cloning, starting
new
plants, packaging
and incineration of
product.
The
packaging
must be standardized and in accordance with the
Single
Convention
on Narcotic
Drugs 1961,
in order to
comply
with Intemationallaw. The entire 15 unit
"Colony "
will
easily
fit on a 264 X 264 foot
parcel, allowing
for
ample parking
and
incorporate
all
aspects
ofthe
production
from seed to
packaged product.
The
grow
unit
design
will
require
ample input
from active
growers.
The first
"Colony "
would house different
growers
to see what
sy stem
works best. Those
growers
would train new
growers
who would then
qualify
for their
own
"Colony "
unit after certification.
Lighting companies
could be
brought
in to install the most
energy
efficient
lighting sy stems.
In short
time, Washington growers
could
bring
the
production
cost down to
compete
and BEAT the black market".
It is essential to also be iri
compliance
with the Marihuana Tax Act of 1937. To
accomplish this,
the Marihuana Tax of $1 an ounce must be
paid.
It would
greatly help
if the State of
Washington
arranged
this
by licensing
all
growers.
4
00006156
The
energy required
to
produce
a
product
is
huge.
The 36 X 36 foot CGE module
using
1000W
MH
lights
will consume 320,000
kW
per year. Every
effort must be made to make the CGE as
energy
efficient as
possible
and standards must be set.
History
shows the B.C.
grow operations spend $120,000 retrofitting
a $300,000 residential
home of
1,800
square
feet for a total of
$420,000. A CGE module would have 900
square
feet.
For
comparison
the number would factor out to
$210,000 for a CGE in B.C.
Standards should be established for
packaging
in accordance with the
Single
Convention on
Narcotic
Drugs
1961. Once the
operation
is under some kind of
control, changes
can be
implemented,
certifications
made,
licenses made available and standardization can be
accomplished.
This is a win-win situation and the best
way
to
implement
Initiative 502.
36 X 36 CGE MODULAR
36 X 36 CGE Modular
Lighting
45
lights @$300
HeatNentlAC
Water
system
Filters and controls
Land
Subtotal
Misc. 15% of subtotal
Estimated total
price
Grow Module
$60,000
$12,000
$10,000
$4,000
$10,000
$10,000
$106,000
$15,900
$121,900
Dry/Clone/Office
$50,000
$10,000
$60,000
$9,000
$69,000
We estimate a 36 X 36 CGE module is
capable
of
producing
250
pounds
a
year.
For the
following
estimates we are
using
20
pounds per month,
320 ounces.
COST OF PRODUCTION BY:
Payment ($150,000 @10%
for 10
yrs.)
Labor
(6 people
X $20 X 173.3
hrs.)
Utilities
Chemicals
State Tax
(25%
of
$200/oz)
Federal
Marijuana
Act of 1937 tax
($1/oz)
Profit
(15%
of
$200/oz)
Subtotal
Misc.
(15%
of
subtotal)
Totals
MONTH OUNCE
$6.25
$65.65
$18.75
$5.00
$50.00
$1.00
$30.00
$176.65
$26.50
$203.15
$2,000
$21,000
$6,000
$1,600
$16,000
$320
$9,600
$56,520
$8,480
$65,000
A 15 unit
"Colony" completely
set
up
for
production
would cost around $2 million to
construct, a one-time
expense,
and return
$2,772,000 a
year, (See:
Economic
Impact "C")
Financing
could come from a Cannabis
Collective,
similar to the North Dakota State Bank.
We would like to
develop
the
"Colony"
model and build one
"Colony".
You do not know where this is
going,
or where it will
end,
but
you
have to start somewhere,
This is a start.
5
00006157
ECONOMIC IMPACT "A"
Estimate from
Medmj-wa.com/grow:
1 ounce
per
week
Estimated total number of cannabis users in
Washington
State:
360,000
360,000 users
consuming
an
average
of 1 ounce
per
week
equals 18,720,000 oz.
This
equals 1,170,000 pounds per year.
A 36 X 36 CGE can
produce
250
Ibs./year.
.
This would
require 4,680
36 X 36 CGE units to
supply
the demand.
JOBS:
4,680 X
6
people per
unit
equal 28,080
full time
jobs, just
for the CGE.
PAYROLL:
28,080 jobs
X $20/hr. X 173.3 hrs. X 12 mo.
=
$1,167,903,360
annually
LIGHTING:
4,680
units X 45
lights
X $1 OO/light
=
$21,060,000 in
light
bulbs
per year
ELECTRICITY:
4,680
units X
$6,000/mo. electricity
X 12 mo.
=
$336,960,000 a
year
TAXES:
4,680
units X 250 Ibs. X 16 ounces X $50/0Z.
=
$936,000,000 annually
LICENSE FEE:
4,680
units X
$1 ,OOO/yr.
=
$4,680,000 annually
BUILDING LEASE:
4,680
X $2,000/mo. X 12 months
=
$112,320,000 annually
COST TO BUILD:
4,680
units X $150,000 (est)
=
$702,000,000 (ONE
TIME
EXPENSE)
THE BIG PICTURE FOR WASHINGTON STATE
ANNUAL INCOME: BUILDING LEASE
=
$112,320,000
TAXES
=
$936,000,000
LICENSE FEE.
=
$4,680,000
TOTAL
$1,048,320,000
COST TO BUILD
4,680
CGE UNITS
NET GAIN FIRST YEAR
(of production)
NET GAIN NEXT YEAR
..$702.000,000
$346,320,000
$1,048,320,000
It would take 405 "Colonies" for this scale.
6
00006158
ECONOMIC IMPACT "B"
Estimate from OFM Fiscal
Impact
Statement 1-502
Estimated total number of cannabis users in
Washington
State:
363,000 users
consuming
an
average
of 2
grams per
use for
85, 100,000grams per year.
This
equals 187,000 pounds per year.
A 36 X 36 CGE can
produce
250
Ibs/year.
This would
require
750 36 X 36 CGE units to
supply
the demand.
JOBS: 750 X 6
people per
unit
equal 4,500
full time
jobs, just
for the CGE.
PAYROLL:
4,500 jobs
X $20/hr. X 173.3 hrs. X 12 mo.: $187,164,000 annually
LIGHTING: 750 units X 45
lights
X $1 OO/light
:
$3,375,000 in
light
bulbs
per year
ELECTRICITY: 750 units X $6,000/mo. electricity
X 12 mo.
:
$54,000,000 a
year
TAXES: 750 units X 250 Ibs. X 16 ounces X $50/0Z.
:
$150,000,000 annually
LICENSE FEE: 750 units X $1
,OOO/yr.
:
$750,000 annually
BUILDING LEASE: 750 X $2,000/mo. X 12 months:
$18,000,000 annually
COST TO BUILD: 750 units X
$150,000 (est)
:
$112,500,000 (ONE
TIME
EXPENSE)
THE BIG PICTURE FOR WASHINGTON STATE
ANNUAL INCOME: BUILDING LEASE:
$18,000,000
TAXES:
$150,000,000
LICENSE FEE.: $750,000
TOTAL
$168,750,000
NET GAIN FIRST YEAR
(of production)
NET GAIN NEXT YEAR
_$121,500,000
$47,250,000
$168,750,000
COST TO BUILD 760 CGE UNITS
It would take 63 "Colonies" for this scale.
7
00006159
ECONOMIC IMPACT "C" ONE "COLONY"
(15 UNITS)
Estimate from
Pryor-Lorca
Ltd. Consultant
This is the model for "THE
COLONY", a 15 module unit.
JOBS: 6 X 12 Grow units
plus
3 office
support
=
75
jobs per
COLONY
PAYROLL: 75
jobs
X $20/hr. X 173.3 hrs. X 12 mo.
=
$3,119,400 annually
LIGHTING: 12 units X 45
lig hts
X
$1 OO/lig ht
=
$54,000 in
lig ht
bulbs
per year
ELECTRICITY: 12 units X
$6,000/mo. electricity
X 12 mo.
=
$864,000 a
year
TAXES: 12 units X 250 Ibs. X 16 ounces X
$50/0Z.
=
$2,400,000 annually
LICENSE FEE: 12 units X $1
,OOO/yr.
=
$12,000 annually
BUILDING LEASE: 15 X $2,000/mo. X 12 months
=
$360,000
annually
COST TO BUILD: 12
g row
units X
$150,000 (est)
=
$1,800,000
3 overhead units X $70,000
=
$210,000
Total cost
$2,010,000 (ONE
TIME
EXPENSE)
THE BIG PICTURE FOR WASHINGTON STATE FOR 1 "COLONY"
ANNUAL INCOME: BUILDING LEASE
=
$360,000
TAXES
=
$2,400,000
LICENSE FEE.
=
$12,000
TOTAL
$2,772,000
COST TO BUILD
4,680
CGE UNITS
NET GAIN FIRST YEAR
(of production)
NET GAIN NEXT YEAR
IN CONCLUSION:
_$2,010,000
$762,000
$2,772,000
Cannabis
production
is
already happening .
The
problem
is there is
really
no
way
to
know
where,
how much or what
"funny
stuff" is
g oing
on. It could be
anything .
Using
this
model,
the State maintains control should
anything g o haywire. Everything
is
insured,
licensed and above board. Locations will be safe and secure.
This is the
only way
to oversee the entire
operation.
8
00006160
36 X 36 CGE PRODUCTION ESTIMATE
(250 Ib s / y r )
This es timate is for one 36 X 36 CGE module with 45
plants ,
the maximum allowed
b y
Was hington
RCW 69.51A.085.
We will
figur e
45
plants ,
and a har ves t
r ange
of %
pound per plant
to 1 %
pounds per
plant.
We will us e a factor of 4 to 6 har ves ts
per y ear .
Ther e is
r eally
no
way
to know
exactly
what can b e
pr oduced.
Her e is an es timate.
CGE PRODUCTION ANNUAL HARVEST
(LBS.)
LBS.lPLANT TOTAL LBS. 4xYER 5 x YEAR 6xYEAR
% 22.5 90 112.5 135
% 33.75 135 170 203
1 45 180 225 270
1% 67.5 270 338 405
Fr om this char t we can s ee the
pr oduction r anges
fr om 90
pounds per y ear
to 405
pounds
a
y ear .
For this
RFP, we will us e a factor of 250
pounds per y ear
as the
aver age. (Low
90
pounds , high
405
pounds
=
247.5
pounds per y ear aver age.)
The CGE modules allow for
contr ol, ins pection, r egulation,
codes and
monitor ing. They
can b e
placed
in s afe ar eas and ins ur ed.
9
00006161
SIMPLE 36x36-8 Sides
Garage
Plan
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._"""."""....."",...~".._,,.,"
,.........,.....".....,,""~.._~
,.x ~,.w,.l_
,
,
" A "O~" "
I
._._~ ,! t 4 .,./ .......,__..?
,

3~~ 36.10 5fOOs &raga PI""


PlaIll# g: l13
Ily 5OS.CAD Spaclalkad Dlgn S)ilem.
~
I
~
I
t ....., li
,; ..,./ }
R : :
< \ ! ii
!
\
._....~.111
{
I
I \ 11. I

h ""
! ..\ ~, ,I
: i
,
\
~ wM
I.
,!
!
~~ ",,~~
I
I
~
:
)
ii .c.,c
---,
II
.-.,.....
: 1,
I
II:
, Q
: II
,~
._..
il I !
I
:
~..t ?
. """"",""..: """ I GAR AGE MAIN FLOOR PLAN I
: ; ~; .
T
This is a
simple example
of what a
"Colony "
Unit would look like.
They
can be manufact ured in a
fact ory ut iliz ing
t he 12 foot widt h.
They
can be erect ed on sit e
using
common const ruct ion met hods.
The det erminat ion is whet her a concret e or
ply wood
floor is bet t er.
The 36 X 36 siz e works for
growing,
office
space, dry ing
room and
packaging.
10
00006162
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
~
Proposers
Authorized Offer
~
Proposer
Information
~ Subcontractor Information
~ Letter of Submittal
~ Non-Cost
Proposal
~ Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February
15, 2013 at 2:00PM (PT).
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
~ Attach the
completed
submittal document to a
single
email
message
and send it to
Icbbids@liq.wa.gov.
~
Clearly
mark the
subj ect
line of the email: RFP-
K430,
Vendor Name
(e.g.
RFP-
K430,
ABC
Company ).
~ The
preferred
software formats are Microsoft Word 2000
(or more recent
version)
and PDF. If this
presents any problem or issue, contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary graphics
in their
proposals.
~ It is
preferred
that electronic
signatnres appear
on all documents
requiring signature. However, an email
date
stamp
will be
accepted as signed by
the
legally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCBs mail server in the
IcbbidsC
,lig.wa.gov
inbox. The "receive date/time"
posted by
the WSLCBs email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems or delay s
with e-mail when the WSLCBs
sy stems
are
operational.
If a Proposal
is
late,
it
may
be
rej ected.
Proposals
shonId be submitted iu the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rej ected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposers
convenience
only
and identifies the sections of this submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rej ected as being non-responsive.
Proposers
Authorized Offer
(see page 2)
Proposer
Information
(see page 3)
Subcontractor Information
(see page 4)
Letter of Submittal
(see page 5)
Non-Cost
Proposal (see page 6)
Cost
Proposal (see page 8)
o
o
o
o
o
o
Note: The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise
required
in all
Categories
described in RFP K430. In order to better
leverage resources available for
performing
the Services
required herein,
the WSLCB recommends that
potential Proposers may
foml teams that combine
their
knowledge, skills,
and abilities into one
(I) Proposal
to meet the
requirements as stated in RFP K430.
RFP [(430 Submittal Document
1
00006163
PROPOSER.S AUTHORIZED OFFER
(pROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consnlting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
aclmowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
I. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any
consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or (iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
Imowingly
disclosed
by
the
offeror, directly
or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organiz ations
for the
purpose
of
presenting a single Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposers Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
propelty
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify
our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected
as a contractor. It is further understood that our standard contract will not be considered as a replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one)
are / are not
submitting proposed
Contract
exceptions.
7. The authoriz ed
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
ofthe WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
subnrittedand
any
contract awarded as a result of this solicitation.
Doug
Dahl
pryor-Iorca@comcast.net
Proposer Signature
Owner
Title
Pryor-Lorca
Ltd.
4925 SW
Evelyn
St.
Portland,
OR 97219
Company
Name
February 12,2013
Date
RFP K430 Submittal Document
2
00006164
00006165
SUBCONTRACTOR INFORMATION
Check the
applicable
box:
DYes XDNo Your firm intends on utiliz ing
subcontractors to fulfill the service
requirements
outlined
in RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
his/her own employees
carried
on payroll or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are
required
in the subcontract
assig rnnent, new
parties
are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Admiuistrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1
Name:
Services:
Address:
Telephone
Email:
Fed ID:
UBI:
Work to be
Performed:
OMWBE certified: Yes No
Subcontractor 3
Name:
Services:
Address:
Telephone
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes No
Subcontractor 2
Name:
Services:
Address:
Telephone:
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes
Subcontractor 4
Name:
Services:
Address:
Telephone:
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes
RFP K430 Submittal Document
4
No
No
00006166
LETTER OF SUBMITTAL
The
Proposers
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introduc tory remarks,
the Letter of Submittal is to inc lude
by
attac hment the
following
infonnation about the
Proposer
and
any proposed
subc ontrac tors:
.
)>
Name, address, princ ipal plac e
of
business, telephone number,
and fax number/e-mail address
oflegal entity
or
individual with whom c ontrac t would be written.
)>
Name, address,
and
telephone
number of eac h
princ ipal
offic er
(President,
Vic e
President, Treasurer, Chairperson
of the Board of
Direc tors, etc .)
)> Loc ation of the
fac ility
from whic h the
Proposer
would
operate.
)> Statement of whic h of the
following Categories Proposer
is
responding
to:
Category
I: Produc t and
Industry
Know
ledge
Category
2: Produc t
Quality
Standards and
Testing
Category
3: Produc t
Usage
and
Consumption
Validation
Category
4: Produc t
Regulation
)>
Identify any
state
employees or fonner state
employees employed
or on the firms
governing
board as of the date
of the
proposal.
Inc lude their
position
and
responsibilities
within the
Proposers organization.
If
following a
review of this
infonnation,
it is determined
by
the WSLCB that a c onflic t of interest
exists,
the
Proposer may
be
disq ualified
from further c onsideration for the award of a c ontrac t.
See attac hed "Letter of Submittal".
RFP K430 Submittal Doc ument
5
00006167
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your cQmpany
while
preparing your
resp,onse
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entify a
specific company
brand ,
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
I.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firms
ability, capacity,
skills and /or
other
expertise
in Prod uct and
Ind ustry Knowled ge, includ ing
but not
limited ,to
the
following:
a, How
Marijuana
and /or
Agricultural prod ucts are
grown, cultivated , harvested , cured ,
and
processed
b, How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d , How wholesale and retail Prod uct should be recalled and accounted for
e. I-low
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Experience.
In two
(2) pages
or less, please
d escribe
your
firms
experience
in Prod uct and
Ind ustry Knowled ge
as it relates to
Marijuana.
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
team
structure and internal controls to be used
d uring
the course of the
project, includ ing any
subcontractors. Please
d efine how the firm will establish lines of
authority
for
personnel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or functions of the firm.
4, Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm, Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals
particular
skills related to this
project,
ed ucation, experience, sigr
ficant
accomplishments
and
any
other
pertinent
information.
CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5,
Ability, Capacity
and Sld lls. In two
(2) pages
or
less, please
d escribe
your
firms
ability, capacity,
skills and /or
expertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a. Knowled ge
of the infrastructure
required
to test
Marijuana
to ensure
prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6,
Experience.
In two
(2) pages
or less, please
d escribe
your
firms
experience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana,
7, Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by
name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals
particular
skills related to this
project,
ed ucation, experience, significant accomplishments
and
any
other
pertinent
information.
8.
Approach
and
Method ology.
ill two
(2) pages
or less, please provid e a complete d escription
of
your
films
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop a
reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing
as
requested
in this
RFP, to d etermine TCH/CBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain,
RFP 1(430 Submittal Document
6
00006168
CATEGORY 3 -PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
9.
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
finns
ability, c apac ity,
and skills
and/or
ex pertise
to estimate Produc t
Usag e
and
Consumption
levels
by g eog raphic
areas in
Washing ton
State.
10.
Ex perienc e.
In two
(2) pag es
or less, please
desc ribe
your
firms
ex perienc e
in statistic al
researc h, spec ific ally
related to
detennining demog raphic
and/or
psyc hog raphic seg mentation, preferably
related to the use of Cannabis.
11. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
finn. Provide
qualific ations
information on the named
staff, inc luding
the individuals
partic ular
skills related to this
proj ec t,
educ ation, ex perienc e, sig nific ant ac c omplishments
and
any
other
pertinent
infonnation.
12.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a
c omplete desc ription
of
your
finns
proposed approac h
and
methodolog y
to be used for Produc t
Usag e
and
Consumption
validation as
requested
in this
RFP,
to estimate
demog raphic
and
psyc hog raphic seg mentation, spec ific ally
related to the use of Cannabis.
CATEGORY 4 -PRODUCT REGULATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
13:
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
finns
ability, c apac ity,
and skills
and/or
ex pertise
in Produc t
Reg ulation, inc luding
but not limited to,
the
following :
a.
Ex perienc e
with
State,
loc al or Federal
g overmnent proc esses
and
proc edures
b.
Ex perienc e
in
c rafting system reg ulations
14.
Ex perienc e.
In two
(2) pag es
or less, please
desc ribe
your
fmns
ex perienc e
in
worldng
within the c onfines of a
reg ulatory system,
and
ex perienc e
in
c reating
and/or
modifying rule, law, ordinanc e,
and/or
g uidelines.
15. Staff
Qualific atious
and
Capabilities.
Please
identify
staff
by
name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named staff,
inc luding
the individuals
partic ular
skills related to this
proj ec t,
educ ation, ex perienc e, sig nific ant ac c omplishments
and
any
other
pertinent
infonnation.
16.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a
c omplete desc ription
of
your
firms
proposed approac h
and
methodolog y
to be used in
assisting
the WSLCB with
developing
rules and a reg ulation
strateg y
for the state of
Washing tons new
Marij uana System.
RFP K430 Submittal Doc ument
7
00006169
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table 1
Q!
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly
Rate
Q!
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
of this
RFP,
one
day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
langnage
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B of the RFP for
Proposers
convenience.
T bl I H I R t a e our
X
a e
Descrintion NTE Hourlv Rate
Not-to-Exceed
(NTE) Honrlx
Rate for 1-502
$ 90.00
p/hour
Consulting
Services as stated in this RFP
T bl 2 D I R t a e :
aIX
ae
DescriDtion NTE Dailv Rate
Not-to-Exceed
(NTE) Dailx
Rate for 1-502
$_p/day
Consulting
Services as stated in this RFP
Email
signature:
Doug
Dahl
Pry or-Lorca
Lt
4925 SW
Evely n
Street
Portland,
OR 97219
503 246-2264
pry or-Iorca@comcast.net
RFP K430 Submittal Document
8
00006170
STATE OF WASHINGTON
K430 INITIATIVE 502 CONSULTING SERVICES
LETTER OF SUBMITTAL
Doug
Dahl DBA
Pryor-Lorca
Ltd.
4925 SW
Evelyn
Street
Portland,
OR 97219
503 246-2264
pryor-Iorca@comcasl.net
Doug
Dahl DBA
Pryor-Lorca
Ltd. is a
partnership
of Rebecca Jones and
Doug
Dahl.
February 12,2013
We both reside at: 4925 SW
Evelyn Street, Portland,
OR 97219
503246-2264
(no
fax number at this
time)
We are
planning
to move to Port
Townsend, Washington
in the near future.
We are
submitting
a
Request
for
Proposal
for:
K430
Category
1: Product and
Industry Knowledge
We have no conflict of interest in the State of
Washington
to the best of our
knowledge.
Introduction: Idea,
Experience,
Team Structure and Staff Qualifications
We attended the
public
forum
meeting
in
Vancouver, Washington
on Feb.
7,
2013.
There are
conflicting
numbers as to the amount of cannabis which needs to be
produced
and I
have addressed this issue in the Economic
Impact
section of the
proposal.
After
long
consideration and
examining
several
factors, doing
all sorts of
modeling, talking
with
Modular home builders and
contractors, we arrived at "The
Colony"
as the best
way
to
implement
1-
502. In real
estate,
it is all
about, location, location,
location. The 36 X 36 Modular
"Colony"
makes
the
perfect
"LOCATION".
Any grower
would love to have this kind of "location".
They
will be FDA
and USDA
approved
and insurable.
Every grower
will have the same
space.
All
aspects
of the
operation
will be monitored and controlled.
Doug
Dahl has over 30
years experience
as an industrial mechanical
designer
and has worked on
several civil
engineering projects. Doug
Dahl became
self-employed
in 1988 after
many years
of
successful
employment
for several local firms.
Rebecca Jones has over 25
years
of
managerial
and
fiduciary experience
with the YMCA and
Special Olympics Oregon.
The Team Structure is
Doug
Dahl and Rebecca Jones.
Doug
Dahl will do all the research and
calculations. Rebecca Jones
keeps Doug
in line.
Doug
Dahl estimates
roughly
two months of time
to
complete
the task of
developing
the
"Colony"
and
getting
the best build
price.
We will work with
quality
manufacturers. We
hope
to
get lighting companies
interested in
competition
to find the best and most economical
systems
available
today.
We would like to
develop
the
"Colony"
model and build one
"Colony".
RFP K430 Submittal Document
9
00006171
DOUG DAHL
4925 SW
Evelyn
Street
Portland,
OR 97219
503 246-2264
Pryor-
Lorca L teL
pryor-Iorca@comcast.net
ERQ]ECT
FACILITATOR
-
CREATIVE IDEAS/SIMPLE SOLUTIONS
I am
responsible
for correct
interpretation
of
concepts
into a finished
product.
I have a mechanical
design
and
accounting background
with over 30
years
of
paying
close attention to detail and
accuracy.
I have an uncommon creative
ability
and vast
experience getting things
done
using
a
keep
it
simple philosophy.
MECHANICAL
Armstrong Mfg.
Co.
Portland,
OR
1965 THROUGH 1996
Lumber
Systems,
Inc.
Portland,
OR
Schurman Machine Works
Woodland,
WA
Wellons,
Inc.
Sherwood,
OR
Primarily
sawmill related mechanical
design projects:
saw
sharpeners, edger saws,
lumber
unscramblers,
waste fed boiler
systems, co-gen projects
and more.
CIVIL
Northwest Natural Gas Co.
Portland,
OR
1968 THROUGH 1980
Waker Associates
Beaverton,
OR
Utilities
design work,
subdivision
development, survey
and
topographic maps.
TECHNICAL 1984 THROUGH 1988
Electro Scientific Industries
Beavertbn,
OR
Sustaining engineer
for E.S.I. Model 8000C Laser Trimmer for silicon wafers.
CONTRACT
Precision
Castparts
Inc.
Portland,
OR
1978 THROUGH CURRENT
Sanderson
Safety Supply
Co.
Portland,
OR
Industra
Corp.
Portland,
OR
Blount Industries
Milwaukie,
OR
This is a
partial
list of where I did mechanical
design
work
involving
titanium
plant updates, safety
engineering,
a
roofing paper
machine and a saw chain machine.
SELF-START
PROJECTS
1988 THROUGH CURRENT
Pryor-Lorca
Lt
My
current
projects are
gold recovery, energy
and
facility design
consultation.
RFP K430 Submittal Document
10
00006172
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503. 246. 2264
pry or~lorca@comcast ,net
00006173
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 12:03 PM
Doug
Dahl
(pryor-Iorca@comcast.net)
WSLCB RFP K430 -
Rejection
Notification
K430_Pryor-Lorca_Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
1
00006174
Washington
State
Liquor
Control Board
February 25,2013
Doug
Dahl
Pryor-Lorea
Ltd.
4925. SW
Evelyn
Street
POltland,
OR 97219
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430, Initiative 502
Consulting
Services
Dear Mr.
Dahl,
This letter is to infon11
you
tbat
P,) or-Lorca
Ltd. s
response
to
Request
for
Proposals (RFP)
K430 has
been
rejected
because it failed to conform to RFP
requirements.
.
Section 3.2 ofRFP K430, Preparation
of
Proposals,
states in
part:
" ...Incomplete
or
vague responses may
be considered
non-,; esponsive and
may
be
r~ iected.
Failure
to
complete
and subm the
required
items listed in this section
may disqualifY
the
Proposer/rom
jill ther participation
in this RFP...
..
It is the sole
responsibility
of the
Proposer
to understand thc REP
requirements
and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
submitted
by Pryor-Lorcn
Ltd. is
vaf, Ile
and
incomplete,
and
therefore unable to be evaluated in accordance with the
requirements
ofRFP K430.
Pryor-Lore
a Ltd. is
thus deemed
non-responsive
and
rejected
from fl.\ rther
participation
in this REP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
iu
preparing
future
responses.
If
you
have
any questions, please
feel
t ce to contact me
by phone
at
(360)
664-4526 or email at
jst@lq.wa.gov.
Sincerely,
,..em,
7
Procurement Coordinator
cc: K430 Contract mc
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00006175
Norton, Melissa K
From:
Posted At:
Conversation:
George Washington <revolutionarylabs@gmail.com>
Thursday, February 07, 2013 2:44 AM
K430 INITIATIVE 502 CONSULTING SERVICES BID
Subject:
RE: K430 INITIATIVE 502 CONSULTING SERVICES BID
TO WHOM IT MAY CONCERN:
I HAVE ATTACHED OUR PROPOSAL FOR CONSULTING SERVICES FOR YOUR CURRENT
MARIJUANA INITIATIVE. PLEASE FEEL FREE TO CONTACT ME IF YOU WOULD LIKE TO
ARRANGE A MEETING OR HAVE A FURTHER DISCUSSION.
THANK
YOU,
THOMAS SIPES
1
00006176
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00006186


























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00006187
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 12:04 PM
George Washington (revolutionarylabs@gmail.com)
WSLCB RFP K430 -
Rejection
Notification
K430_Revolutionary Labs_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting
a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
1
00006188
Washington
State
liquor
Control Board
February 25,
2013
Thomas
Sipes
Revolutionary
Labs
13863
Hwy
67
Lakeside,
CA 92040
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consnltlng
Services
Dear Mr.
Sipes,
Tills letter is to inform
you
that
Revolutionary
Labs
response
to
Request
for
Proposals (RFP)
K430 has
been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
prui:
" ...Incomplete
or
vague re,lponses nUly
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposerfrom
fitrther participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
camplete. Revolutionary
Labs failed ta
complete
and submit the
following required
items in
response
to RFP K430:
Proposers Authorized Offer, Proposer Infonuation,
Subcontractor Infonnat
an,
Letter of
Submittal,
and Non-Cost
Proposal. Revolutionary
Labs submitted an
incomplete
and
vagne response
and
is thus deemed
non-responsive
and
rej
ected l 0111 fmiher
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure
is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, pleasc
feel
ee to contact 111e
by phone
at
(360)
664-4526 ar email at
jsf@ liq,wa.gov.
Sincerely,
, C," ro~,"
cc: [(430 Contract file
3000 Pacific Ave,
SE,
PO Box 43090, Olympia
WA
98504-3090, (360) 664-1600, www,lIq.wa.gov
00006189
Norton,
Melissa K
From:
Posted At:
Conversation:
.
Robert McFerran
<seengineer@ymail.com>
Friday, February 15,
2013 8:41 AM
Cannabis Consultant
Subject:
Cannabis Consultant
Robert W.McFerran
137
Dodge
Clute,
TX 77531
(979)248-3834
Distinguished
Gentlemen and Gentlewomen
I am compelled
to
suggest
that there
may
be some
aspects
of
your
new frontier that
may
be overlooked in the area of
extraction of cannabinoids.
I am more than
capable
of
providing
the needed information in all 4
categories
while
adding expertise
in
automation,
security,
and environmental controls of facilities.
Extremely
well versed in law.Will be able to
quote
and
explain
all of
Washington
States fine laws
upon
our meeting.
Many years
of cultivation
experience.
Have
developed
advanced
techniques yet unpublished.
Software
Engineer
B.S.
15
years experience
Electronics
Engineer
A.S.
9
years experience
HVAC
Engineer.
EPA certified in all areas.Designed
and
implemented
HVAC
systems.
General Contractor
Extremely
well versed in Medicine.
I have discovered
why Schizophrenics
find
temporary
relief from Cannabis.
I would like to meet with
you
in
person
as soon as
possible.
I am so
passionate
about this that I would work for free, if life was free.
Requesting $100,000 for one
year.
Please also consider me in a
secondary advisory position.
With
great enthusiasm,
Robert McFerran
1
00006190
Norton. Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 12:06 PM
seengineer@ymail,com
WSLCB RFP K430 -
Rejection
Notification
K430_Robert
McFerran_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00006191
Washington
State
Liquor
Control Board
February 25,
2013
Robert W. McFerran
137
Dodge
Clute, TX 77531
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
initiative 502
Consulting
Services
Dear Mr.
McFerran,
This letter is to iuform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to eon!1l111 to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
"..
.Incomplete or
vague responses may
be considered
non- respO l< < !ve
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualifY
the
Proposerjrom
f
rther
participation
in this RFP..."
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensme their
Proposal
is
complete.Proposer
failed to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposers
Authorized
O ffer, Proposer Information,
Subcontractor
Illformation,
and Non- Cost
Proposal.Proposer
submitted an
incomplete
and
vague response
alld
is thus deemed
non- responsive
and
rcj
ected from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
flee to contact me
by phonc
at
(360)
664- 4526 or email at
jsf@liq.wa.g
v.
John
Farley
Procurement Coordinator
cc: K430 Contract tlle
3000 Pacific Ave.
SE,
PO Box
43090, O lympia
WA
98504- 3090, (360) 664- 1600, www.llq.wa.gov
00006192
Norton,
Melissa K
From:
Posted At:
Conversation:
Mike Mullins
<Mike@gro4me,com>
Saturday, February 16,
2013 1:50 PM
RFP-I<430 STONEY GIRL GARDENS
Subject:
RFP-K430 STONEY GIRL GARDENS
1
00006193
Norton,
Melissa K
From:
Posted At:
Conversation:
Mike Mullins
<mike@gro4me,com>
Friday , February 15,
2013 1:38 PM
RFP-K40
Stoney
Girl Gardens
Subject:
RFP-K40
Stoney
Girl Gardens
Mike Mullins
Stoney
Girl Gardens
503-788-2349
Cell: 503-756-4136
1
00006194
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and subrrt all sections of this Subrrital Document as listed below:.
~
r~mposers
Authorized Offer
~
proposer
Information
~
~l!
contractor fnf()rmation
~
Letter
of Submittal
~
~Oll-Cost Proposal
~ Cost
] ~rQ l2 Q
al
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February 15,2 013 at 2 :00PM fPT),
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
neceSS31y . Proposer
should:
:Attach the
completed
subrrttal document to a
sing le
email
messag e
and send it to
Icbbids@liq.wa.g ov.
~
Clearly
mark tbe
subject
line oflhe email: RFP-
K430,
Vendor Name
(e.g .
RFP-
K430,
ABC
Company ).
~ The
prefened
software fonnats are Microsoft Word 2 000
(or
more recent
version)
and PDF. If tl s
presents IDly problem
or
issue, contact tbe Proclllement.Coordinator
immediately .
To
keep
file sizes to
a n nimmn, Proposers
are cautioned not to use
Iffinecessary g raphics
in tbeir
proposals.
~ It is
prefened
tbat electronic
sig natures appear
on all documents
requiting sig nature. However, an email
date
stamp
will be
accepted as
sig ned by
the
leg ally
authorized
representative
of the firm for the
purpose
ofthis
Proposal only .
Titne
ofleceipt
will be detenniued
by
the e-mail date and time received at tbe WSLCBs mail server in the
lcbbids lil
q.wa.g ov
inbox. The "receive date/time"
posted by
the WSLCBs email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems or delay s
with e-mail when tbe WSLCBs
sy stems
are
operational.
If a
Proposal
is
late,
it
may
be
rejected.
Proposals
should be sllbn tted in the fonnat described itl tbis solicitation. All
Proposals
and
any accompany ing
documentation become the
propeliy
of the WSLCB and will not be remmed.
Incomplete Proposals may
be
rejected. Proposals
sublftted
by fax,
willllot be
accepted
and will be considered
non-responsive.
SUBMITTALCHECKLIST
TIus checklist is
provided
for
Proposers
convel ence
only
and identifies the sections of this sllbrrttal document
to be
completed
and sllblftted with each
Response. Any response
received witbout
any one
or more of tllese
sections
may
be
rejected as
being non-responsive.
Proposers
Authorized Offer
(see
pag e 2 )
Proposer
InfonnatioIl
(see pag e 3)
Subcontractor Information
(see
pag e 4)
Letter of Submittal
(see pag e 5)
Non-Cost
Proposal (see pag e 6)
Cost
Proposal (see pag e 8)
~
~
~
~
lie!
~
Note: The WSLCB \mderstands that
potential Proposers may
bave litnited
expeIience
in
providing
the
expertise
required
in all
Categ ories
described in RFP K430. In order to better
leverag e resources available for
performing
tbe Services
required herein, the WSLCB recommends tllat
potential Proposers may
form teams that combine
their
knowledg e, skills,
and abilities into one
(1) Proposal
to meet the
reql
ements as stated in RFP K430.
RFP K430 Submittal Document
00006195
PROPOSERS AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washiugton
State
Liquor
Control Board
.
Certifications and Assurances
We make the
following
certifications and
assurEjJlces as a
required element
of the
Response,
to which it is
attached, affinning
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract
1.The
prices
in tIus
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, commmucation, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to subntit an offer,
or
(iii)
the methods or factors used to calculate the
prices
offered.111e
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly
or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law.No
attempt
has been made or will be made
by
the offeror to induce
any
other concem to subntit or not to subntit an offer for the
pmpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organiz ations
for the
purpose
of
preseuting
a
single Proposal.
2, The attached
Response
is a fum offer for a
period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
CCI1ainty
in
key terms)
at
any
time within the 120
day peIiod.
In the case
of
protest,
our
Response
will remain valid for180
days or until the
protest
and
any
related comi action is
resolved,
whichever is later.
3.In
preparing
tlus
Response,
we have not been assisted
by any
cunent or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member ofltis or her inmlediate
family
have
any
financial interest in the outcome ofthis
Response.Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposers Response,
4.We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incuned in the
preparation
of tlus
Response,
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, wlitings,
items or
samples
unless so stated in the
Response,
Subntission of the attaclled
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5.We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements,
Submission of a
Response
and execution of this Celiifications and Assmances docmuent
certify our
willingness to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
temls],
if selected
as a contractor.It is further illlderstood that our standard conlmct will not be considered as a
replacement
for tlle
terms and conditions
appearing
in
Appendix
B of this solicitation,
6.We
(circle one)
are / ar"e not
submitting proposed
Contract
exceptions,
7.111e authoriz ed
signatOly
below
acknowledges having
read and understood the eutire solicitation and
agrees
to
comply
with tile terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
tltis
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in tills solicitation.
9.
Proposer
has read and ,mderstands the
requirements
of the WSLCB set forth in and
peliailung
to Initiative 502.
111e
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
subntitted and
any
contract awarded as a result of this solicitation.
_
; 11."l"d
t~.~
Pfofos~~tul~
1)lNckcrr
Title
~NZ; ; ; >
G,xL
Company
Go.s
~N>
_~::-Itt
-
2.,QJS
Date
IIFP K430 Submittal Document
2
00006196
00006197
SUBCONTRACTOR INFORMATION
. .
Check the
applicable
box:
DYes ~No Your fIrm intends on
ntiliz ing
subcontractors to fulfIll the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work lUlder this contract
using
hisfher own
employees
carried
on
payroll
or
by using approved
subconllactors.Where subcontractors are used in the
performance
of dIe
contract, proposers
will indicate as
required
witll their
response
to seek
approval.
Contractor will be held
responsible
for all work
perfOImed or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
tbmug h
the Contractor.
If revisions are
required
in the subcontract
assig mnent, new
parties
are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
tlle contract has been
read,
the
standard t6lms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
sball be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
sball
identifY
below all subcontractors who will
perfOlm
services in fulfIllment of
contract
requirements, inclnding
their
name,
the nature of services to be
performed, address, telepbone,
facsimile, email,
federal tax identifIcation number
( TIN) , Washing ton
State Uniform Business IdentifIer
( UBI) ,
and
expected
work to be
perfonned
of each subcontract:
Subcontractor 1
Subcontractor 2
Name:
Name:
Services:
Services:
Address:
Address:
Telephone
Telephone:
Email:
Email:
Fed ID:
Fed ID:
UBI:
UBI:
Work to be
Work to be
Perfonned:
Performed:
OMWBE certified: Yes No OMWBE certified: Yes
_No
--~-
Subcontractor 3
Subcontractor 4
Name:
Name:
Services:
Services:
Address:
Address:
Telephone
Telephone:
Email:
Email:
Fed lD:
Fed ID:
UBI:
UBI:
Work to be
Work to be
PerfOlmed:
Perfonned:
OMWBE certified: Yes
_No
OMWBE certified: Yes No
-
RFP K430 Submittal Document
4
00006198
Letter of Submittal
Thank
you
for
your
time to review our offer.
My
name is Mike Mullins with
Stoney
Girl Gardens and
Portlands terdam
U nivers ity. Stoney
Girl Gardens
provides a
unique
combination of
proven
s kills to as s is t the
WSLCB in the
implementation
of 502 that we feel no other
entity can offer.
Stoney
Girl Gardens have been
internationally recognized as leaders in all facets of the Cannabis
Indus try
for 14
years .
We combine the 13
years
proven experience
of
being one of the nations foremos t cons ultants for thous ands of
public
and
private
entities
on the
implementation and
management
of the Americans with Dis abilities Act.
Together
this
experience
will
meet the needs of the WSLCB as des cribed herein in a timely,
effective and efficient manner.
Stoney
Girl Gardens is a
genetic
res earch and
development
firm with a focus on Medical
Marijuana.
We are a
patient
bas ed
organization. Stoney
Girl Gardens has been in
operation
s ince 1998, the
beginning
of the
Oregon
Medical Mar uana Program. Stoney
Girl Gardens
operates
Portlands terdam
U nivers ity
bas ed in
Portland, OR
s pecializing
in all facets of the Cannabis
Indus try. The
U nivers ity
has been In
operation
s ince 2008.
To date we have
provided
cons ultation for over 40 Safe Acces s Points and
pres ented to over 42
City
Councils
throughout Oregon
and
Was hington
and have
s ucces s fully integrated
thes e entities into our communities . We are
recognized
leaders
indus try
wide and it is es timated that we
may
influence as
many
as 35,000
members
(patients )
in
Oregon.
We work and meet
weekly
with all
major entities
throughout
the s tate. We have
emerged as the
larges t
group
of
patients Independently as s ociated
together.
Mos t
recently we have
provided profes s ional cons ulting
s ervices and s olutions to
winning
bidders in New
Jers ey,
Arizona, Mas s achus etts , and
ma"y
others to include but not limited to Marijuana Compliance
from Production to
Dis tribution. We have built s olutions to include all the variables that the WSLCB faces
today.
We look forward to
meeting
with
you
to
dis play
how we
may
make this tas k
s imple us ing proven
s olutions .
1995-2008
Expertis e
in
Implementation at
Federal, State and Local Levels
Mike Mullins s erved as Chief Information Officer and Innovations Officer for
Dis ability
Acces s
Cons ultants j Inc. for
over 13
years .
Mr. Mullins is
directly res pons ible
for new product des ign
and
development, cus tomer s ervice and
training, regulatory proces s es ,
and
integration.
During
his term he
prOVided complete s olutions , management, integration, training
and
programs
for thous ands of
public
and
private
entities
including BLM, Fis h and
Wildlife, Parks and Recreation, 000, State of California and
Oregon, City
and Schools of San
Francis co, LA,
San
Diego, Sacramento, YU M
Corporation,
Carls Jr., and have been
cons ultants to the nations
larges t legal
firms .
Mr. Mullins
Integrated compliance management s tarting at federal level
through
local levels . His work integrated
all
requirements
at all levels to ens ure completenes s .
Res pectfullv Submitted,
x
dll/~
Michael C. Mullklns
Director
00006199
Attachment A
Legal Entity
Information
Stoney
Girl Gardens
Michael C. Mullins
10117 SE
Sunnyside Rd, Sle. }<1l98
Clackamas,
OR 97015
Phone: 503-788-2349
Email:
Mike@gro4me.com
Federal TIN: 80-0568520
Officer Information
Michael C. Mullins -Diretto,
10308 SE 96th Ave
Happy Valley,
OR 97086
Phone: 503-788-2349
Email:
Mike@gro4me.tom
Jenifer
Vallelf
-
Board Member
10308 SE 96" Ave
Happy Valley,
OR 97086
Phone: 503-788-2349
Email:
Jen@gro4me.com
00006200
Attachment B
Place of
Operation
Although we are based out of
Happy V alley,
OR it Is our intent to establish an office and move to
Olympia during
the
period
of this contract.
00006201
Attachment C
Statement of
Categories
We
hereby
elect all
categories.
Our extensive
experience
allows total
integration
with minimal staff.
x~lJ~
Michae C. Mullions
Director
00006202
Attachment 0
Statement of state
employees or former state
employees
We do not
employ nor consult with
any
current or former
Washington
state
employees.
x
; ; tij J I4
Michael C. Mullions
Director
00006203
Contract Number K430
For
Initiative 502
Consulting
Services
Between the
Washington
State
Liquor
Control Board
and
Stoney
Girl Gardens
This Contract is made and entered into
by
and between the
Washington
State
Liquor
Control
Board,
hereinafter referred to as the
"WSLCB",
and the below named
Company,
hereinafter
referred to as "Contractor",
for the
purpose
of
providing
Initiative 502
Consulting
Services.
Stoney
Girl Gardens
Micbael C. Mnllins
10117 SE
Snnnyside Rd,
Ste. F1198
Clackamas,
OR 97015
Pbone: 503-788-2349
Email:
Mike@gro4me.com
Federal TIN: 80-0568520
WAState UBI Nnmber:
PURPOSE
Tbe
purpose
of this Contract is to enter into an
agreement
for Initiative 502
(I-502) Consulting
Services, to assist the WSLCB with the
implementation
of the
requirements
ofl-502.
SCOPE OF WORK
Exhibit
A,
attached hereto and
incorporated by reference,
contains the General Terms and
Conditions
governing
the
goods
to be
provided
and services to be
perfonned
under this
contract,
the nature of the
working relationship
between the WSLCB and the
Contractor,
and
specific
obligations
of both
parties.
The Contractor will
provide goods, services,
and
staff,
and otherwise do all
things necessary
for or
incidental to the
perfOlmance
of
work, as included in the WSLCBS
Request
for
Proposals
No.
K430,
attached as Exhibit
B,
and the Contractors
proposal
dated
2-14-2013, attached as Exhibit C.
The Contractor shall:
Provide
Consulting
Services to the WSLCB which shall assist the
agency
with the
implementation
ofl-502
requirements including,
but not limited
to,
the
following Categories
of
expertise:
>-
Category
1: Product and
Industry Knowledge
Contractor shall be a
product expert
and have
expert knowledge, including
but not
limited,
to
the
following:
a. How
Marijuana
is
grown, cultivated, harvested, cured,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged, labeled, transported,
and sold at retail level
d. How wholesale and retail
product
should be recalled and accounted for
e. How
Marijuana
should be
destroyed
if over produced, contaminated, or recalled
CONTRACT NO. K430
Page
1 of 30
00006204
Category
1 Deliverables:
Contractor shall
provide
the
following:
I. Mi1 mumstandards
relating
to the
growth, harvesting, transporting
and sale of useable
recreational
Marijuana
2. Minimumstandards for Product
safety relating
to the infusion of
Marijuana
or
Marijuana byproducts
in
food, beverage, lotions,
ointments or other Products to be sold
in retail locations
3. Minimumstandards for the
track ing
and reconciliation of Product
grown, sold, and/or
destroyed
~
Category
2: Product
Qnality
Standards and
Testing
Contractor shall:
.
a. Have
expert k nowledge
or" the infrastructure
required
to test
Marijuana
to ensure the
following:
. Product
quality, content,
and
ingredients
. Consumer
safety
b. Assist the WSLCB with
establishing quality
standards for
testing
c. Assist the WSLCB with
establishing
and
implementing Industry testing
standards and
practices
d. Be
Imowledgeable on methods to
safely process product
Category
2 Deliverables:
Contractor shall
provide
the
following:
I. Minimumstandards allowed for
testing
and
confirming
Product
safety
from
contaminants
2.
Testing
standards for Product
testing
ofTHC/CBD levels and ratios for Product offered
3.
Labeling
standards needed to meet the
requirements as defined
by
law
~
Category
3: Prodnct
Usage
and
Consumption
Validation
Contractor shall:
a. I-lave the
expertise
to estimate
product usage
and
consumption
levels
by geographic
areas in
Washington
State.
Category
3 Deliverables:
Contractor shall
provide
the
following:
I. A
report detailing recreational,
medical and total
Marijuana
use in
Washington State,
by county
2. A
projected
volume of
Marijuana
needed on an annual basis to
satisfy demand,
and
establish
plant yield
and
growth
volmne
assumptions
needed to
k eep pricing
at or
below black mark et levels
~
Category
4: Product
Regulation
Contractor shall:
a. Have a
strong understanding
of
State,
local or Federal
govenunent processes
and
procedures
b. Assist the WSLCB in
crafting Marijuana systemregulations.
CategorE
4 Deliverables:
Contractor shall:
I. Conduct stak eholder focus
groups
for discussion and determination of best
practice
relating
to the
growth, harvesting, distribution, product
infusion and sale of useable
recreational
Marijuana
CONTRACT NO. K430
Page
2 of 30
00006205
2. Provide written
independent
third
party assumptions,
recommendations and
oversight
following guidelines
established
by
the
open govermnent
act
General
Requirements:
Contractor will work in
conjunction
with the WSLCB
project manager
and
any
other identified
WSLCB
personnel
to ensure that the services are
provided
in accordance with
industry
standards
and best
practices.
PERIOD OF PERFORMANCE
The
period ofperfonnance
under this contract shall be for two
(2) years
from the date of
execution,
with the
option
to extend for additional terms 01
portions
thereof.
COMPENSATION
Total comnensation for services rendered shall be as follows:
Item Descriotion Price
Cateporv 1
$747,000.28
Cate~orv 2
$437,128.00
Cateporv 3
$328,000.67
Category
4
$456,278.00
Total
$1,968,406.95
MICELLANEOUSEXPENSES
The WSLCB
may
reimburse Contractor for travel and related
expenses
as identified in this
Contract, 01 as authorized in
writing,
in advance
by
the WSLCB in accordance with the CUlTent
rules and
regulations
set forth in the
Washington
State Administrative and
Accounting
Manual
(http://www.ofm.wa.gov/policy/default.asp).andnottoexceedexpensesactuallyincurred.No
payment
oftrave1
expenses
will be made to Contractor for routine travel to and from the WSLCBs
location. Contractor
may
be
required
to
provide a detailed itemization of
expenses, including
description,
amounts and
dates,
and
receipts
for amounts of
fifty
dollars
($50) 01 more when
requesting
reimbursement.
BILLING PROCEDURES AND PAYMENT
The WSLCB will
pay
Contractor
upon acceptance
of
goods
and/or services
provided
and
receipt
of
properly completed invoices,
which should be submitted
electronically
to:
HOSupply@liq.wa.gov.
If Contractor is unable to submit invoices
electronically,
invoices
may
be submitted
by
mail to:
Washington
State
Liquor
Control Board
Attn:
Support
Services
PO Box 43090
Olympia,
WA 98504
Each invoice shall be identified with the
following
items:
. State INVOICE
.
Identify
the invoice number and date
. Be identified
by
Contract Number K430
.
Identify
Contractors Statewide Vendor
registration
number
assigned by Washington
State
Office of Financal
Management (OFM)
. Be in U.S. dollars
.
Identify
the all
applicable prompt payment
discount and/or volume
discount(s)
CONTRACT NO. K430
Page
3 of 30
00006206
.
I d e n t i f y pay e e
n ame an d ad d re ss i n
compli an ce
wi t h U.S. Post al
re gulat i on s
. De scri be an d
d ocwn e n t , t o t he WSLCBS
sat i sf act i on , a
d e scri pt i on
of t he
good s provi d e d
an d /or work
pe Jf on n e d , i n clud i n g
d at e s
. Be
accompan i e d by
d ocume n t at i on t hat con f i rms t hat se rvi ce s we re
pe rf orme d
or
prod uct s
we re re ce i ve d
The WSLCB
may ,
i n i t s sole
d i scre t i on ,
t e rmi n at e t he con t ract or wi t hhold
pay me n t s
clai me d
by
t he Con t ract or f or
good s
an d /or se rvi ce s re n d e re d i f t he Con t ract or f ai ls t o
sat i sf act ori ly comply
wi t h
an y
t e rm or con d i t i on of t hi s con t ract .
No
pay me n t s
i n ad van ce or i n
an t i ci pat i on
of se rvi ce s or
suppli e s
t o be
provi d e d
un d e r t hi s con t ract
shall be mad e
by
t he WSLCB.
Pay me n t
shall be con si d e re d
t i me ly
i f mad e
by
t he WSLCB wi t hi n
t hi rt y (30)
cale n d ar
d ay s
af t e r
re ce i pt
of
prope rly comple t e d
i n voi ce s.
Pay me n t
shall be se n t t o t he ad d re ss
d e si gn at e d by
t he
Con t ract or.
Pay me n t
f or
mat e ri als, suppli e s
an d /or
e qui pme n t
re ce i ve d an d f or se rvi ce s re n d e re d shall be mad e
by
WSLCB an d be re d e e mable i n U.S. d ollars.
An y
ban k or t ran sact i on f e e s or si mi lar cost s
associ at e d wi t h
curre n cy e xchan ge proce d ure s or t he use of
purchasi n g/cre d i t
card s shall be
f ully
asswn e d
by
t he Con t ract or.
I n t he e ve n t t hat t he Con t ract or
ove rcharge s
t he
WSLCB,
che cks shall be mai le d wi t h t he hard
copy
cre d i t me mos PO BOX 43085
Oly mpi a
W A 98504.
CONTRACT ADMI NI STRATI ON
All aut hori ze d commun i cat i on
re gard i n g
t hi s con t ract shall occur be t we e n t he Con t ract ors
Aut hori ze d
Re pre se n t at i ve
or
d e si gn e e
an d t he WSLCB Con hact Ad mi n i st rat or or
d e si gn e e .
Con t ract ors Aut hori ze d
Re pre se n t at i ve
I
WSLCB Con t ract Ad mi n i st rat or
I
Mi e hae l C. Mulli n s Name
St on e y
Gi rl Gard e n s
Washi n gt on
St at e
Li quor
Con t rol Board
10117 SE
Sun n y si d e Rd ,
St e . FI 198 PO Box 43090
Clackamas,
OR 97015
Oly mpi a,
W A 98504
Phon e :
(503)
788-2349 Phon e :
(360)
664-
Emai l ad d re ss:
mi ke gr04me .com
Emai l ad d re ss: En t e r Emai l
ORDER OF PRECEDENCE
Each of t he e xhi bi t s li st e d be low i s
he re by i n corporat e d
i n t o t hi s con t ract . I n t he e ve n t of an
i n con si st e n cy
i n t hi s
con t ract ,
t he
i n con si st e n cy
shall be re solve d
by gi vi n g pre ce d e n ce
i n t he
f ollowi n g
ord e r:
1.
Appli cable
f e d e ral an d st at e of
Washi n gt on
st .hI t e s an d
re gulat i on s
2.
Spe ci al
t e n n s an d con d i t i on s as con t ai n e d i n t hi s basi c con t ract i n st rume n t
3. Exhi bi t A -
Ge n e ral Te n n s an d Con d i t i on s
4. Exhi bi t B -
Re que st
f or
Proposals
No. K430
5. Exhi bi t C - Con t ract ors
Proposal
d at e d 2-14-2013
CONTRACT NO. K430
Page
4 of 30
00006207
6.
Any
other
provision,
tenn or material
incorporated
herein
by
reference or otherwise
incorporated
APPROVAL
The
sig natories
to this Contract
represent
that
they
have the
authority
to bind their
respective
org anizations
to this Contract.
In Witness
Whereof,
the
parties hereto, having
read this Contract in its
entirety, including
all
attachments,
do
ag ree
in each and
every particular
and have thus set their hands hereunto.
For Contractor:
Project Manag er
for WSLCB:
(Contractor
Authorized
Representative Sig nature) (Date) (Sig nature) (Date)
Washing ton
State
Liquor
Control Board
Stoney
Girl Gardens 3000 Pacific Ave SE
Contractor Name A"encv Name
Olympia,
W A 98504
Print Name Michael C. Mullins Print Name
Telenlrone No. 503-788-2349 Telenhone No.
Email mikeraro4me. com Email
Authorizing
WSLCB Contract
Manag er Approval
Print Name Date
Sig nature
Email
Phone
CONTRACT NO. K430
Pag e
5 of 30
00006208
EXHIBIT A-
GENERAL TERMS AND CONDITIONS
DEF INITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ACCEPTANCE
. . . . . . . . . . ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ERROR! BOOKMARK NOT DEF INED.
ADMINISTRATIVE SU SPENSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ADVANCE PAYMENTS PROHIBITED. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 9
ADVERTISi NG. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ALTERNATIVE DISPU TE RESOLU TION F EES AND COSTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
AMERICANS WITH DISABILITIES ACT
(ADA)
OF
19 9 0,
PU BLIC LAW
101-336, ALSO REF ERRED TO
AS THE "ADA" 28 CF R PART 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ANTITRU ST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ASSIGNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ASSU RANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ATTORNEYS F EES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
COMMENCEMENT OF WORK. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0
CONF IDENTIALITY/SAF EGU ARDING OF INF ORMATION
. . . . . . . . . . . . . . . . . . . . . ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 0
CONF LICT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
CONF LICT OF INTEREST
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
CONF ORMITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONTRACTOR
COMMITMENTS, WARRANTIES AND REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
COST OF REMEDY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
COVENANT AGAINST CONTINGENT F EES. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
DETERMINATION OF STANDARD OF
QU ALITY/CONSISTENCY OVER TERM OF CONTRACT11
DISALLOWED COSTS. . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 11
Di SPU TES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ENTIRE AGREEMENT. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 12
EQU IPMENT
DEMONSTRATION COMPLIANCE INSPECTIONS ERROR! BOOKMARK NOT DEF INED.
ESTABLISHED BU SINESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
F ORCE MAJEU RE. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
GIF TS AND GRATU ITIES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
GOVERNING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
INCORPORATED DOCU MENTS. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
INDEMNIF ICATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
IDENTIF ICATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "" . . . . .
. . . 14
INDEPENDENT CAPACITY OF THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INDU STRIAL INSU RANCE COVERAGE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 14
INSPECTION AND REJECTION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 14
INSU RANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
LEGAL NOTICES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 16
LICENSING, ACCREDITATION AND REGISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIENS,
CLAIMS AND ENCU MBRANCES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
LIMITATION OF AU THORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIMITATION OF LIABILITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIQU IDATED
DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
MATERIALS AND WORKMANSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
MATERIAL BREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
NO ADDITIONAL CHARGES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 19
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 19
NONDISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NON-EXCLU SIVE REMEDIES. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I 9
OPPORTU NITY TO CU RE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CONTRACT NO. K430
Page
6 of 30
00006209
ORDER FULFILLMENT
REQUIREMENTS ....................................
ERROR! BOOKMARK NOT DEFINED.
OSHA AND WISHA
REQUIREMENTS ................................................................................................1 9
OVERPAYMENTS TO CONTRACTOR
...............................................................................
.................2 0
PERSONAL LIABILITY
........................................................................................................................2 0
PRICE INCREASES
...............................................................................................................................2 1
PRICE PROTECTION
............................................................................................................................2 1
PRIVACy ...............................................................................................................................................2 1
PROBLEM RESOLUTION AND DISPUTES
.........................................................................................2 1
PUBLi CITy ............................................................................................................................................2 2
RECORDS MAINTENANCE
.......................................................................................................
..........2 2
REGISTRATION WITH DEPARTMENT OF REVENUE................................................................: .....2 3
RETENTION OF RECORDS
............................................................................................; .......: .............2 3
RIGHT OF INSPECTION
.......................................................................................................................2 3
SAVINGS
................................................................,.........................ERROR! BOOKMARK NOT DEFINED.
SERVICE EXPECTATIONS
.............................................................
ERRORI BOOKMARK NOT DEFINED.
SEVERABILITY
....................................................................................................................................2 3
SHIPPING AND RISK OF LOSS
.......................................................ERRORI BOOKMARK NOT DEFINED.
SITE SECURITY..
..................................................................................................................................2 3
STATEWIDE VENDOR PAYMENT REGISTRATION.........................................................................2 3
SUBCONTRACTING.............................................................................................................................2 3
SUPERVISION AND COORDINATION ...............................................................................................2 4
SURVIVORSHIP....................................................................................................................................2 4
TAXES,
FEES AND
LICENSES.............................................................................................................2 4
TERMINATION BY MUTUAL AGREEMENT .....................................................................................2 5
TERMINATION FOR CAUSE ..........................................................: ....................................................2 5
TERMINATION FOR CONFLICT OF INTEREST.................................................................................2 6
TERMINATION FOR CONVENIENCE.................................................................................................2 6
TERMINATION FOR NON-ALLOCATION OF FUNDS.......................................................................2 6
TERMINATION FOR WITHDRAWAL OF AUTHORITY ....................................................................2 6
TERMINATION PROCEDURES
...........................................................................................................2 7 .
TITLE TO PRODUCT
............................................................................................................................2 7
TRAINING
........................................................................................
ERROR! BOOKMARK NOT DEFINED.
TREATMENT OF ASSETS ....................................................................................................................2 7
WAi VER................................................................................................................................................2 8
WARRANTIES
......................................................................................................................................2 8
EXHIBIT B................................................................................................................................................2 9
EXHIBIT
C................................................................................................................................................3 0
DEFINITIONS
As used
throughout
thi s
contract,
the
followi ng
terms shall have the
meani ng
set forth below:
A.
"Acceptance"
-- The
materi als, suppli es, servi ces,
andlor
equi pment
have
passed appropri ate
i nspecti on.
In the event that there i s a formal
Acceptance Testi ng peri od requi red
i n the
Soli ci tati on document then
acceptance
i s fonnali zed i n
wri ti ng.
If ti lere i s no
Acceptance
Testi ng, acceptance may
occur when the Products ale deli vered and
i nspected.
B.
"Acceptance Testi ng l
-- The
process
for
asceli ai ni ng
that the
materi als, suppli es, servi ces,
andlor
equi pment
meets the standards set forth i n the
Soli ci tati on, pri or
to
Acceptance by
the
WSLCB.
CONTRACT NO. K4 3 0
Page
7 of 3 0
00006210
c. "WSLCB" --shall mean the
Liquor
Control Board of the State of
Washington, any division,
section, office,
unit or other
entity
of the
WSLCB, or
any
of the officers or other officials
lawfully representing
that WSLCB.
D.
"Agent"
--shall mean the
Director,
and/or the
representative
authorized in
writing
to act on the
Directors
behalf, or Contractors authorized
representative acting
on behalf of the Contractor.
E. "Amendment" --For the
purposes
of this
Contract,
shall mean an
agreement
between the
parties
to
change
this Contract after it is
fully signed by
both
parties.
Such
agreement
shall be
memorialized in a written document
describing
the
agreed upon change including any
terms
and conditions
required
to
SUppOlt
such
change.
An Order Document shall not constitute an
Amendment to this Contract.
F. "Business
Days"
--
Monday tlu.ough Friday,
8:00 a.m. to 5:00
p.m.,
Pacific
Time, except
for
holidays
observed
by
the state of
Washington.
G. "Calendar
Days"
--Consecutive
days
of the
year including
weekends and
holidays,
each of
which commence at 12:00:01 a.m. and end at
Midnight,
Pacific Time. When
"days" are not
specified,
Calendar
Days
shall
prevail.
H. "Contract" --An
agreement,
or mutual
assent,
between two or more
competent parties
with the
elements of the
agreement being offer, acceptance, consideration,
and
legal binding.
I . "Contract Administrator" --The
primaty
contact for the WSLCB
regarding
this contract.
J. "Contractor" --shall mean that
firm, provider, organization,
individual or other
entity
providing goods
and or
service( s)
under this
contract,
and shall include all
employees
of the
Contractor.
K. "Contractors Authorized
Representative"
--An individual or
agent designated by
the
Contractor to act on its behalf and with the
authority
to
legally
bind the Contractor
concerning
the tenns and conditions set forth in Solicitation and Contract documents.
L.
"I nspection"
--An examination of delivered
material, supplies, services,
and/or
equipment
prior
to
Acceptance
aimed at
forming
a
judgment as to whether snch delivered items at.e what
was ordered, were
properly
delivered and
ready
for
Acceptance. I nspection may
include a
high
level visual exatnination or a more
thorough
detailed examination as is
customary
to the
type
of
purchase, as set forth in the solicitation document and/or as agreed
between the
parties.
I nspection
shall be
acknowledged by
an authorized
signature
of the WSLCB.
M. "I nvitation For Bids"
( I FB)
--The fOlm utilized to solicit Bids in the
fOlma!,
sealed Bid
procedure
and
atly
amendments thereto issued in
writing by
the WSLCB.
Specifications
and
qualifications are
cleat.ly
defined.
N. "Lead Time/After
Receipt
of Order
( ARO) "
--The
period
of time between when the Contractor
receives the order and the WSLCB receives the
materials, supplies, equipment,
or services
order.
O. "Order Document" --A written
communication,
submitted
by
the WSLCB to the
Contractor,
which details the
specific
transactional elements
required by
the WSLCB within the
scope
of
this Contract such as
delivelY date, size, color, capacity,
etc. An Order Document
may include,
but is not limited to
purchase orders,
work order or other
writings as
may
be
designated by
the
parties
hereto. No additional or alternate terms and conditions on such written communication
shall
apply
unless authorized
by
this Contract and
expressly agreed
between the WSLCB and
the Contractor.
P.
"Proposal"
--A written offer to
perfolln a Contract to
supply materials, supplies, services,
and/or
equipment
in
response
to a
Request
for
Proposal ( RFP) .
CONTRACT NO. K430
Page
8 of 30
00006211
Q.
"Request
for
Proposals (RFP)"
--The fonn utilized to solicit
Proposals
in the
formal, sealed
Bid
procedure
and
any
amendments thereto issued in
w riting by
the WSLCB. The
specifications
and
qualification requirements are w ritten in an outcome based fonn
allow ing
for consideration of a broad
rang e
of different solutions to meet the
procurement
need.
R. "Subcontractor" --shall mean one not in the
employment
of the
Contractor, w ho is
perfonning
all or
part
of those services under this contract under a
separate
contract w ith the Contractor.
ADMINISTRATIVE SUSPENSION
When in the best interest of the
WSLCB,
the WSLCB
may
at
any time,
and w ithout
cause, suspend
the Contract or
any portion
thereof for a period
of not more than
thirty (30)
calendar
days per
event
by
w ritten notice from the Contract Administrator to the Contractors
Representative.
Contractor
shall resume
perfonnance on the next business
day follow ing
the 30th
day
of
suspension
unless an
earlier
resumption
date is
specified
in the notice of
suspension.
If no
resumption
date w as specified
in the notice of
suspension,
the Contractor can be demanded and
required
to resume
perfonnance
w ithin the
thirty (30) day suspension period by
the Contract Administrator
providing
the
Contractors
Representative
w ith
w l; itten
notice of such demand.
ADVANCE PAYMENTS PROHffiITED
No
payments
in advance of or in
anticipation
of
g oods or services to be
provided
lmder this
conlract shall be made
by
the WSLCB.
ADVERTISING
Contractor shall not
pnblish
or use
any
infonnation
concerning
this Contract in
any
format or
media for
advertising
or
publicity
w ithout
prior
w ritten consent from the Contract Administrator.
ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS
In the event that the
parties eng ag e
in
arbitration,
mediation or
any
other alternative
dispute
resolution forum to resolve a
dispute
in lieu of
litig ation,
both
parties
shall share
equally
in the cost
of the alternative
dispute
resolution
method, including
cost of mediator or arbitrator. In
addition,
each
party
shall be
responsible
for its ow n
attorneys
fees incurred as a result of the alternative
dispute
resolution method.
AMENDMENTS
This contract
may
be amended
by
mutual
ag reement
of the
parties.
Such amendments shall not be
binding
unless
they
are in
w riting
and
sig ned by personnel
authorized to bind each of the
parties.
AMERICANS WITH DISABILITIES ACT
(ADA)
OF
1990,
PUBLIC LAW
101-336,
also
referred to as the" ADA" 28 CFR Part 35
The Contractor must
comply
w ith the
ADA,
w hich
provides comprehensive
civil
rig hts protection
to individuals w ith disabilities in the areas of
employment, public accommodations, state and local
g overnment services,
and telecommunications.
ANTITRUST
The WSLCB maintains
that,
in actual
practice, overcharg es resulting
from antitrust violations are
borne
by
the WSLCB.
Therefore,
the Contractor
hereby assig ns
to the WSLCB
any
and all of the
Contractors claims for such
price fixing or
overcharg es
w hich arise nnder federal or state antitrust
law s, relating
to the
materials, supplies,
services and/or
equipment purchased
under this Contract.
CONTRACT NO. K430
Pag e
9 of 30
00006212
ASSIGNMENT
Neither this
contract, nor
any
claim
arising
under this
contract,
shall be transferred or
assig ned by
the Contractor without
prior
written consent of the WSLCB.
ASSURANCES
The WSLCB and the Contractor
ag ree
that all
activ ity pursuant
to this contract will be in
accordance with all the
applicable
current
federal, state and local
laws, rules,
and
reg ulations.
ATTORNEYS FEES
In the ev ent of
litig ation
or other action
broug ht
to enforce contract
tenns,
each
party ag rees
to bear
its
own
attorney
fees and costs.
CHANGES
The WSLCB reserv es the
rig ht
to
modify
this Contract
by
mutual
ag reement
between the WSLCB
and the
Contractor, so long as such modification is
substantially
within the
scope
of the
orig inal
Contract.
Alterations to
any
of the
tenns, conditions, or
requirements
of this Contract shall
only
be effectiv e
upon
written issuance of a
mutually ag reed
Contract Amendment
by
the Contract Administrator.
COMMENCEMENT OF WORK
No work shall be
perfonned by
Contractor until this Contract is executed
by
the Contractor and the
WSLCB and is receiv ed
by
the Contractor.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The Contractor shall not use or disclose
any
infonnation
concerning
the
WSLCB, or infonnation
that
may
be classified as confidential,
for
any purpose
not
directly
connected with the
administration of this
contract, except
with
prior
written consent of the
WSLCB, or as
may
be
required by
law.
CONFLICT
To the extent
possible,
the tenns of this Contract shall be read
consistently.
CONFLICT OF INTEREST
Notwithstanding any
determination
by
the Executiv e Ethics Board or other
tiibunal,
the WSLCB
may,
in its sole
discretion, by
written notice to the Contractor telminate this contract if it is found
after due notice and examination
by
the
Ag ent
that there is a v iolation of the Ethics in Public
Serv ice
Act, Chapter
42.52
RCW; or
any
similar statute
inv olv ing
the Contractor in the
proclUement of, or
performance
under this contract.
In the ev ent this contract is tenninated as prov ided abov e,
the WSLCB shall be entitled to
pursue
the same remedies
ag ainst
the Contractor as it could
pursue
in the ev ent of a breach of the contract
by
the Contractor. The
rig hts
and remedies of the WSLCB
prov ided
for in tl1 is clause shall not be
exclusiv e and are in addition to
any
other
rig hts
and remedies
prov ided by
law. The existence of
facts
upon
which the
Ag ent
makes
any
determination under this clause shall be an issue and
may
be
rev iewed as
prov ided
in the
"Disputes"
clause of this contract.
CONFORMITY
If
any prov ision
of this Contract v iolates
any
Federal or State of
Washing ton
statute or rule of
law,
it is considered modified to conform to that statute or rule of law.
CONTRACT NO. K430
Pag e
1 0 of 30
00006213
CONTRACTOR
COMMITMENTS,
WARRANTIES AND REPRESENTATIONS
Any
written commitment
by
Contractor within the
scope
of this Contract shall be
binding npon
Contractor. Failure of Contractor to fulfill such a commitment
may
constitute breach and shall
render Contractor liable for
damages
under the telms of this Contract. For
purposes
of this
section,
a commitment
by
Contractor includes:
( i) Prices, discounts,
and
options
committed to remain in
force over a
specified period
of
time;
and
( ii) any warranty
or
representation
made
by
Contractor in
its
Response or contained in
any
Contractor or manufacturer
publications,
written
materials,
schedules, charts, diagrams, tables, descriptions,
other written
representations,
and
any
other
communication medium
accompanying or referred to in its
Response or used to effect the sale to
WSLCB.
COST OF REMEDY
Cost of
Remedying
Defects: All
defects,
indirect and
consequential
costs of
correcting, removing
or
replacing any
or all of the defective materials or
equipment
will be
charged against
the
Contractor.
COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no
person
or
selling agent
has been
employed
or retained to solicit or
secure this contract
upon
an
agreement
or
understanding
for a commission, percentage, brokerage
or
contingent fee, excepting
bona fide
employees 01 bona fide established
agents
maintained
by
the
Contractor for
securing
business.
The WSLCB shall have the
right,
in the event of breach of this clause
by
the
Contractor,
to atmul
this contract without
liability or,
in its
discretion, to deduct from the contract
price
or consideration
or recover by
other means the full amount of such
commission, percentage, brokerage
or
contingent
fee.
DETERMINATION OF STANDARD OF
QUALITY/CONSISTENCY OVER TERM OF
CONTRACT
If,
in the sole
judgment
of the
WSLCB,
any
item is determined not to be an
equal,
the WSLCB
may
take
any
or all of the
following
actions:
1. the
product may
be retumed at Contractors
expense;
2. the contract
may
be telminated without
any liability
to the WSLCB
DISALLOWED COSTS
The Contractor is
responsible
for
any
audit
exceptions
or disallowed costs incurred
by
its own
organization
or that of its Subcontractors.
DISPUTES
Except as otherwise
provided
in this
contract, when a dispute
arises between the
parties
and it
cannot be resolved
by
direct
negotiation,
either
party may request
a
dispute hearing
with
Agent.
1. The
request
for a
dispute hearing
must:
.
Be in
writing;
.
State the
disputed issuers) ;
.
State the relative
positions
of the
parties;
.
State the Contractors
name, address,
and contract number;
and
CONTRACT NO. K430
Page
11 of 30
00006214
.
Be mailed to the
Agent
and the other
p arty s (res p ondent s )
Contract Adminis trator within
three
(3) working
calendar
day s
after the
p arties agree
that
they
cannot res olve the
dis p u te.
2. The
res p ondent
s hall s end a written ans wer to the
requ es ter s
s tatement to both the
agent
and
the
requ es ter
within five
(5) working
calendar
day s .
3. The
Agent
s hall review the written s tatements and
rep ly
in
writing
to both
p arties
within ten
(10) working day s .
The
Agent may
extend this
p eriod
if
neces s ary by notify ing
the
p arties .
4. The
p arties agree
that this
dis p u te p roces s
s hall
p recede any
action in a
j u dicial
or
qu as i-
j u dicial
tribu nal.
Nothing
in this contract s hall be cons tru ed to limit the
p arties
choice of a
mu tu ally accep table
dis p u te
res olu tion method in addition to the
dis p u te
res olu tion
p rocedu re
ou tlined above.
ENTIRE AGREEMENT
This Contract docu ment and all
s u bs equ ently
is s u ed amendments
comp ris e
the entire
agreement
between the WSLCB and the Contractor. No other s tatements or
rep res entations ,
written or oral,
s hall be deemed a
p art
of the Contract.
This Contract s ets forth the entire
agreement
between the
p arties
with
res p ect
to the
s u bj ect
matter
hereof and
excep t
as
p rovided
in the s ection titled Contractor
Commitments ,
Warranties and
Rep res entations , u nders tandings , agreements , rep res entations , or wan anties not contained in this
Contract or a written amendment hereto s hall not be
binding on either
p arty . Excep t
as
p rovided
herein, no alteration of
any
of the
terms , conditions , delivery , p rice, qu ality , or
s p ecifications
of this
Contract will be effective withou t the written cons ent of both
p arties .
ESTABLISHED BUSINESS
Prior to
commencing p erformance, or
p rior
to that time if
requ ired by
the
WSLCB,
law or
regu lation,
Contractor mu s t be an es tablis hed bu s ines s firm with all
requ ired licens es , fees ,
bonding, facilities , equ ip ment
and trained
p ers onnel neces s ary
to meet all
requ irements
and
p erform
the work as
s p ecified
in the Solicitation. Contractor s hall maintain
comp liance
with thes e
requ irements throu ghou t
the entire term of this contract.
The WSLCB the
right
to
requ ire receip t
of
p roof
of
comp liance
with s aid
requ irements
within ten
(10)
calendar
day s
from the date of
requ es t,
and to terminate this Contract as a material breach for
noncomp liance
with
any requ irement
of this
p aragrap h.
FORCE MAJEURE
The term "force
maj eu re" means an occu rrence that cau s es a
delay
that is
bey ond
the control of the
p arty
affected and cou ld not have been avoided
by exercis ing
reas onable
diligence.
Force
maj elll e
s hall inclu de acts of
God, war, riots , s trikes , fire, floods , ep idemics , 01 other s hnilar occ ITences .
Excep tions : Excep t
for
p ay ment
of s u ms du e,
neither
p arty
s hall be liable to the otller or deemed in
breach u nder this Contract
if,
and to tlle extent
that,
s u ch
p arty s p erformance
of this Contract is
p revented by
reas on of force
maj eu re.
Notification: If either
p arty
is
delay ed by
force
maj eu re,
s aid
p arty
s hall
p rovide
written
notification within
forty -eight (48)
hou rs . The notification s hall
p rovide
evidence of the force
maj eu re
to the s atis faction of the other
p arty .
Su ch
delay
s hall ceas e as s oon as
p racticable
and
written notification of s ame s hall likewis e be
p rovided.
So far as cons is tent with the
Rights
Res erved
below,
the time of
comp letion
s hall be extended
by
Contract amendment for a
p eriod
of
time
equ al
to the time that the res u lts or effects of s u ch
delay p revented
the
delay ed p arty
from
p erfonning
in accordance with this Contract.
CONTRACT NO. K430
Page
12 of 30
00006215
Rights
Reserved: The WSLCB reserves the
right
to authorize anamendment to this
Contract,
terminate the
Contract,
and/or
purchase materials, supplies, equipment
and/or services from the
best available source during
the time of force
majeure,
and Contractor shall have no recourse
against
the WSLCB.
GIFTS ANDGRATUITIES
Contractor shall
comply
with all state laws
regarding gifts
and
gratuities, including
but not limited
to: RCW
39.26.020,
RCW
42.52.150, RCW
42.52.160,
and RCW 42.52.170 under which it is
unlawful for
any person
to
directly
or
indirectly offer, give
or
accept gifts, gratuities, loans, trips,
favors, special discounts, services, or
anything
of economic value in
conjunction
with state
business or contract activities.
Under RCW 39.26.020 and the Ethics inPublic Service
Law, Chapter
42.52 RCW state officers
and
employees are
prohibited
from
receiving, accepting, taking
or
seeking gifts (except as
permitted by
RCW 42.52.150) if the officer or
employee participates
incontractual matters
relating
to the
purchase
of
goods
or services.
GOVERNING LAW
This contract shall be construed and
interpreted
inaccordance with the laws of the State of
Washington,
and the venue of
any
action
brought
hereunder shall be inthe
Superior
Court for
Thurston
County.
INCORPORATEDDOCUMENTS
Each of the documents listed below
is, by
this
reference, incorporated
into this Contract as
though
fully
set forth herein.
I. WSLCB RFP K430 with all attachments and
exhibits,
and all amendments thereto
2. Contractors
response
to RFP K430 dated
date;
3. The terms and conditions contained onWSLCBs Order
Documents,
if
used;
and
4. All Contractor or manufacturer
publications,
writtenmaterials and
schedules, charts, diagrams,
tables, descriptions,
other written
representations
and
any
other
supporting
materials Contractor
made available to WSLCB and used to affect the sale of the Product to the WSLCB.
INDEMNIFICATION
To the fullest extent
permitted by law,
Contractor shall
indemnify, defend,
and hold hannless the
WSLCB and all
officials, agents
and
employees
of the
WSLCB,
from and
against
all claims for
injuries
or death
arising
out of or
resulting
from the
performance
of the contract."Claim," as used
inthis
contract,
means
any
financial
loss, claim, suit, action, damage,
or
expense, including
but not
limited to
attomeys fees,
attributable for
bodily injury, sickness, disease, or death, or
injury
to or
destructionof
tangible property including
loss of use
resulting
there from.
Contractors
obligations
to
indemnify, defend,
and hold hannless includes
any
claim
by
Contractors
agents, employees, representatives, 01
any
Subcontractor or its
employees.
Contractor
expressly agrees
to
indemnify, defend,
and hold harmless the WSLCB for
any
claim
arising
out of or incident to Contractors 01
any
Subcontractors
perfonnance
or failure to
perform
the contract.Contractors
obligation
to
indemnify, defend,
and hold hannless the WSLCB shall
not be eliminated or reduced
by any
actual or
alleged
concurrent
negligence
of WSLCB or its
agents, agencies, employees
and officials.
CONTRACT NO. K430
Page
13 of 30
00006216
Contractor waives its
immunity
under Title 51 RCW to the extent it is
required
to
indemnify,
defend and hold hannless WSLCB and its
agencies, officials, agents
or
employees.
IDENTIFICATION
All
invoices, packing lists, packages,
instruction
manuals, cOlTespondence, shipping notices,
shipping containers,
and other written materials associated with this Contract shall be identified
by
the Contract number.
Packing
lists shall be enclosed with each
shipment
and
clearly identify
all
contents and
any
backorders.
INDEPENDENT CAPACITY OF THE CONTRACTOR
The
parties
intend that an
independent
Contractor
relationship
will be created
by
this contract. The
Contractor and his or her
employees
or
agents performing
under this contract are not
employees or
agents
of the WSLCB. The Contractor will not hold himselflherself out as or claim to be an officer
or
employee
of the WSLCB 01 of the State of
Washington by
reason hereof, nor will the Contractor
make
any
claim of
right, privilege
or benefit that would accrue to such
employee
under law.
Conduct and control of the work will be
solely
with the Contractor.
INDUSTRIAL INSURANCE COVERAGE
The Contractor shall
comply
with the
provisions
of Title 51
RCW,
Industrial Insurance. If the
Contractor fails to
provide
industrial insmance
coverage
or fails to
pay premiums
or
penalties on
behalf of its
employees, as
may
be
required by law,
WSLCB
may
collect from the Contractor the
full amount
payable
to the Industrial Insurance accident fund. The WSLCB
may
deduct the
amount owed
by
the Contractor to the accident fund from the amount
payable
to the Contractor
by
the WSLCB under this
contract,
and transmit the deducted amount to the
Department
of Labor and
Industries, (L&I)
Division ofInsll1ance Services. This
provision
does not waive
any
ofL&Js
rights
to collect from tlle Contractor.
INSPECTION AND REJECTION
The WSLCBs
inspection
of all
materials, supplies
and
equipment upon delivery
is for the
purpose
of
fonning a judgment as to whether such delivered items are what was ordered, were properly
delivered and
ready
for
Acceptance.
Such
inspection
shall not be construed as final
acceptance,
or
as
acceptance
of the
materials, supplies 01
equipment,
if tile
materials, supplies or
equipment
does
not confonn to contractual
requirements.
If there are
any apparent
defects in the
materials,
supplies,
or
equipment
at the time of
delivery,
the WSLCB will
promptly notify
the Contractor.
Without
limiting any
other
rights,
the WSLCB
may require
the Contractor to:
(I) repair
or
replace,
at Contractors
expense, any
or all of the
damaged goods; (2)
refund the
price
of
any
01 all of the
damaged goods;
or
(3) accept
the return of
any
or all of the
damaged goods.
INSURANCE
The Contractor shall
provide
msmance
coverage
as set out in this section. The intent of the
required
insurance is to
protect
the WSLCB should there be
any claims, suits, actions, costs,
damages
or
expenses arising
from
any negligent or intentional act 01 omission of the Contractor 01
Subcontractor, 01
agents
of
either, while
performing
under the terms of this contract.
Contractor
shall, at their own
expense,
obtain and
keep
in force insurance as follows until
completion
of the Contract. Within fifteen
(15)
calendar
days
of
receipt
of notice of
award,
the
Contractor shall fumish evidence in the form of a certificate of insmance
satisfactory
to the
WSLCB that
insurance,
in the
following
kinds and minimum
amounts,
has been secured. Failme
to
provide proof
of
insurance, as
required, may
result in Contract cancellation.
CONTRACT NO. K430
Page
14 of 30
00006217
Contractor shall inclnde all Subcontractors as insureds under all
required
insurance
p olicies,
or
shall furnish
sep arate
Certificates ofInsurance and endorsements for each Subcontractor.
Subcontractor(s)
must
comp ly fully
with all insurance
requirements
stated herein. Failure of
Subcontractor(s)
to
comp ly
with insurance
requirements
does not limit Contractors
liability
or
resp onsibility.
All insurance
p rovided
in
comp liance
with this Contract shall be
p rimary
as to
any
other
insurance
or self-insurance
p rograms
afforded to or maintained
by
the state.
Sp ecific Requirements:
Emp loyers L iability (Stop Gap l:
The Contractor will at all times
comp ly
with all
ap p licable
workers
comp ensation, occup ational disease,
and
occup ational
health and
safety laws, statutes,
and
regulations
to the full extent
ap p licable
and will maintain
Emp loyers L iability
insurance with a
limit of no less than
$1, 000, 000.00. The WSL CB will not be held
resp onsible
in
any way
for
claims filed
by
the Contractor or their
emp loyees
for services
p erformed
mlder the tenns of this
Contract.
Commercial General
L iability
Insurance: The Contractor shall at all times
during
the term ofthis
Contract,
carry
and maintain commercial
general liability
insurance and if
necessary,
commercial
umbrella insurance for
bodily inj ury
and
p rop erty damage arising
out of services
p rovided
under
this Contract. This insurance shall cover such claims as
may
be caused
by any act, omission, or
negligence
of the Contractor or its
officers, agents, rep resentatives, assigns,
or servants.
The insurance shall also cover
bodily inj my, including disease,
illness and
death,
and
p rop e!iy
dat; age arising
out of the Contractors
p remises/op erations, indep endent Contractors,
p roducts/comp leted op erations, p ersonal inj my
and
advertising inj ury,
and contractual
liability
(including
the tort
liability
of another assumed in a business
Contract),
and contain
sep aration
of
insureds
(cross liability)
conditions.
Contractor waives all
rights against
the WSL CB for the
recove!y
of
damages
to the extent
they
are
covered
by general liability
or un brella insurance.
The limits of
liability
insurance shall not be less than as follows:
General
Aggregate
L imits
(other
than
p roducts-comp leted $2, 000, 000
op erations)
Products-Comp leted Op erations Aggregate
Personal and
Advertising Inj ury Aggregate
Each Occurrence
(ap p lies
to all of the
above)
Fire
Datnage
L imit
(p er occunence)
Medical
Exp ense
L imit
(anyone p erson)
$2, 000, 000
$1, 000, 000
$1, 000, 000
$ 50, 000
$ 5, 000
Business Auto
Policy
(BAPl: In the event that services delivered
p ursuant
to this Contract involve
the use of
vehicles, or the
transp ortation
of
clients,
automobile
liability
insurance shall be
required.
.
The
coverage.p rovided
shall
p rotect against
clain s for
bodily inj my, including illness, disease,
and
death;
and
p rop erty damage
caused
by
all occunence
arising
out of or in
consequence
of the
p erformallce
of this service
by
the
Contractor, Subcontractor, or
anyone emp loyed by
either.
Contractor shall maintain business auto
liability and,
if
necessary,
commercial mnbrella
liability
insurance with a combined
single
limit not less than
$1, 000, 000
p er
occurrence. The business auto
liability
shall include Hired and Non-Owned
coverage.
Contractor waives all
rigbts against
the WSL CB for the
recovery
of
damages
to the extent
they ate
covered
by
business auto
liability
or connnercial mnbrella
liability
insurance.
Additional Insurance Provisions: All above insurance
p olicies
shall
include,
but not be limited
to,
the
following p rovisions:
CONTRACT NO. K430
Page
15 of 30
00006218
Additional Insured: The WSLCB shall be named as an additional insured on all
general liability ,
umbrella, excess,
and
property
insurance
policies.
All
policies
shall be
primary
over
any
other
valid and collectable insurance.
Notice
ofPolicy (iesl
Cancellation/Non-renewal: For insurers
subj ect
to
Chapter
48. 18 RCW
(Admitted
and
regulated by
the
Washington
State Insurance
Commissioner)
a written notice shall
be
given
to the Contract Administrator
forty -
five
(45)
calendar
day s prior
to cancellation 01
any
material
change
to the
policy (ies) as it relates to this Contract. Written notice shall include the
affected Contract reference number.
Surplus Lines: For insurers
subj ect
to
Chapter
48. 15 RCW
(Surplus Lines) a written notice shall be
given
to the Contract Administrator
twenty (20)
calendar
day s prior
to cancellation 01
any
material
change
to the
policy (ies)
as it relates to this Contract. Written notice shall include the affected
Contract reference number.
Cancellation for
Non-pay ment
to Premium: If cancell tion on
any policy
is due to
non-pay ment
of
premium,
a written notice shall be
given
the Contract Administrator ten
(10)
calendar
day s prior
to
cancellation. Written notice shall include the affected Contract reference number.
Identification:
Policy (ies)
and Certificates ofInsurance shall include the affected Contract
reference number.
Insurance Carrier
Rating:
The insurance
required
above shall be issued
by an insmance
company
authorized to do business within the State of
Washington.
Insurance is to be
placed
with a carrier
that has a
rating
of A- Class VII or better in the most
recently published
edition of Bests
RepOlts.
Any exception
must be reviewed and
approved by
the Risk
Manager
for the State of
Washington,
by submitting a
copy
of the Contract and evidence of insurance before Contract commencement. If
an insurer is not admitted,
all insurance
policies
and
procedures
for
issuing
the insurance
policies
must
comply
with
halltel~ 4J l. J 2 RCW
and
Chapter 284-15_WAQ .
Excess
Coverage:
The limits of all insurance
required
to be
provided by
the Contractor shan be no
less than the minimum amounts
specified. However,
coverage
in the amounts of these minimum
limits shall not be construed to relieve the Contractor from
liability
in excess of such limits.
Limit
Adj ustments:
The WSLCB reserves the
right
to increase 01 decrease limits as
appropriate.
LEGAL NOTICES
Any
notice 01 demand 01 other communication
required
01
pennitted
to be
given
under this
Contract 01
applicable
law
(except
notice of
malfunctioning Equipment)
shall be effective
only
if it
is in
writing
and
signed by
the
applicable party , properly addressed,
and either delivered in
person,
01
by a recognized
comier
service, 01
deposited
with the United States Postal Service as first-class
mail, postage prepaid [ certified mail, retmn
receipt requested,
via facsimile 01
by
electronic
mail],
to the Contract Administrator
[ and
fax
numbers,
e-mail
addresses] provided
in this Contract. For
purposes
of
comply ing
with
any provision
in this Contract 01
applicable
law that
requires
a
"writing, "
such
communication,
when
digitally signed
with a
Washington
State Licensed
Certificate,
shall be considered to be "in
writing" or "written" to an extent no less than if it were in
paper
form.
Notices shall be effective
upon receipt
01 fom
(4)
Business
Day s
after
mailing,
whichever is earlier.
The notice address as
provided
herein
may
be
changed by
written notice
given as
provided
above.
In the event that a
subpoena
01 other
legal process
commenced
by a third
party
in
any way
conceming
the
Equipment
or Services
provided pursuant
to this Contract is served
upon
Contractor
or WSLCB,
such
party agrees
to
notify
the other
party
in the most
expeditious
fashion
possible
following receipt
of such
subpoena
01 other
legal process.
Contractor and WSLCB further
agree
to
CONTRACT NO. K430
Page
16 of 30
00006219
cooperate
with the other
party
in
any
lawful effort
by
the other
party
to contest the
leg al v alid ity
of
such
subpoena
or other
leg al process
commenced
by
a third
party.
LICENSING,
ACCREDITATION AND REGISTRATION
The Contractor shall
comply
with all
applicable local, state,
and fed eral
licensing ,
accred itation aud
reg istration requirements/stand ard s, necessary
for the
perfonnance
of this contract.
LIENS,
CLAIMS AND ENCUMBRANCES
All
materials, equipment, supplies
and /or serv ices shall be free of all
liens, claims, 01
encumbrances of
any kind ,
and if the WSLCB
requests,
a formal release of same shall be d eliv ered .
LIMITATION OFAUTHORITY
Only
the
Ag ent or Ag ents d eleg ate by writing (d eleg ation
to be mad e
prior
to
action)
shall hav e
the
express, implied ,
01
apparent authority
to
alter, amend , mod ify,
01 waiv e
any
clause or
cond ition of this contract. Furthermore, any alteration, amend ment, mod ification, 01 waiv er or
any
clause 01 cond ition of this contract is not effectiv e 01
bind ing
unless mad e in
writing
and
sig ned by
both
parties.
LIMITATION OFLIABILITY
The
parties ag ree
that neither Contractor 01 the WSLCB shall be liable to each
other, reg ard less
of
the fonn of
action,
for
consequential, incid ental, ind irect, 01
special d amag es except
a claim related
to
bod ily injmy
or d eath, or a claim 01 d emand based on
patent, copyrig ht, or other intellectual
property rig ht infring ement,
in which case
liability
shall be as set forth elsewhere in this Contract.
This section d oes not
mod ify any
sections
reg ard ing liquid ated d amag es
or
any
other cond itions as
are elsewhere
ag reed
to herein between the
parties.
The
d amag es specified
in the sections titled
Termination for Default and Retention of Record s are not
consequential, incid ental, ind irect, or
special d amag es as that term is used in this section.
Neither the Contractor nor the WSLCB shall be liable for
d amag es arising
from causes
beyond
the
reasonable control and without the fault or
neg lig ence
of the Contractor or the WSLCB. Such
causes
may
includ e,
but are not restricted
to,
acts of God or of the
public enemy,
acts of a
g ov ermnental bod y
other than the WSLCB
acting
in either its
sov ereig n
01 contractual
capacity,
war, explosions, fires, flood s, earthquakes, epid emics, quarantine restrictions, strikes, freig ht
embarg oes,
and
unusually
sev ere weather;
but in
ev ery
case the
d elays
must be
beyond
the
reasonable control and without fault or
neg lig ence
of the
Contractor,
the
WSLCB, 01 their
respectiv e
Subcontractors.
If
d elays
are caused
by
a Subcontractor without its fault 01
neg lig ence,
Contractor shall not be
liable for
d amag es
for such
d elays,
unless the Serv ices to be
performed were obtainable on
comparable
terms from other sources in sufficient time to
permit
Contractor to meet its
required
performance
sched ule.
Neither
party
shall be liable for
personal injmy
to the other
party
or d amag e
to the other
partys
property except personal injUlY
01
d amag e
to
property proximately
caused
by
such
partys
respectiv e
fault or
neg lig ence.
LIQUIDATED
DAMAGES
Any d elay by
Contractor in
meeting
the
Deliv ery Date,
Installation
Date,
maintenance 01
repair
d ate, or other
applicable
d ate set forth und er this Contract will interfere with the
propel
implementation
of WSLCBs
prog rams
and will result in loss and
d amag e
to WSLCB.
CONTRACT NO. K430
Pag e
17 of 30
00006220
As i t would be
i mpract i cable
t o fi x t he act ual
damage
sust ai ned i n t he event of
any
such
fai lure( s)
t o
perform,
WSLCB and Cont ract or
agree
t hat i n t he event of
any
such
fai lure( s)
t o
perform,
t he
amount of
damage
whi ch wi ll be sust ai ned wi ll be t he amount set fort h i n t he
followi ng
subsect i ons
and t he
part i es agree
t hat Cont ract or shaU
pay
such amount s as li q ui dat ed damages
and not as a
penalt y.
Li q ui dat ed damages provi ded
under t he t erms of t hi s Cont ract are
subject
t o t he same li mi t at i ons as
provi ded
i n t he sect i on t i t led Li mi t at i on of
Li abi li t y.
If Cont ract ors mai nt enance
personnel
fai l t o arri ve at WSLCBs si t e wi t hi n
[ i nsert agreed upon
t hue
peri od]
aft er not i fi cat i on
by
WSLCB t hat mai nt enance i s
req ui red,
Cont ract or shall
pay
t o
WSLCB as fi xed and
agreed li q ui dat ed damages,
i n li eu of all ot her
damages
due t o such non-
responsi veness,
for each hour bet ween t he
agreed [ i nsert agreed upon
t i me
peri od] response
t i me
and t he act ual
response
t i me an amount of
[ ]
dollars
[ ( $~] pel
hour for each "lat e" hour
or
part
t hereof
( prorat ed) begi nni ng
wi t h t he t i me of not i fi cat i on
by
WSLCB and
endi ng
wi t h t he
t i me t hat Cont ract ors mai nt enance
personnel
arri ve at t he WSLCB Di st ri but i on Cent er.
MATERIALS AND WORKMANSHIP
The Cont ract or shall be
req ui red
t o furni sh all
mat eri als, suppli es, eq ui pment
and/or servi ces
necessary
t o
perform
Cont ract ual
req ui rement s. Mat eri als, suppli es
and
workmanshi p
used i n t he
const ruct i on of
eq ui pment
for t hi s Cont ract shall conform t o all
appli cable federal, st at e,
and local
codes, regulat i ons
and
req ui rement s
for such
eq ui pment , speci fi cat i ons
cont ai ned
herei n,
and t he
normal uses for whi ch i nt ended.
Mat eri als, suppli es
and
eq ui pment
shall be manufact ured i n
accordance wi t h t he best commerci al
pract i ces
and st andards for t hi s
t ype
of
mat eri als, suppli es,
and
eq ui pment .
MATERIAL BREACH
A Cont ract or
may
be Telmi nat ed for Cause
by
t he
WSLCB, at t he sole di scret i on of t he Cont ract
Admi ni st rat or,
for
fai li ng
t o
perfol1n a cont ract ual
req ui rement or for a mat eri al breach of
any
t el1n
or condi t i on. Mat eri al breach of a t erm or condi t i on of t he Cont ract
may
i nclude but i s not li mi t ed
t o:
1. Cont ract or fai lure t o
perform
servi ces or deli ver
mat eri als, suppli es,
or
eq ui pment by
t he dat e
req ui red or
by
an alt ernat e dat e as
mut ually agreed
i n a wri t t en mnendment t o t he
Cont ract ;
2. Cont ract or fai lure t o
carry
out
any warrant y
or fai ls t o
perform or
comply
wi t h
any mandat ory
provi si on
of t he
cont ract ;
3. Cont ract or becomes i nsolvent or i n an unsound fi nanci al condi t i on so as t o
endanger
perfonnance hereunder;
4. Cont ract or becomes t he
subject
of
any proceedi ng
under
any
law
relat i ng
t o
bankrupt cy,
i nsolvency or
reorgani zat i on, or reli ef from credi t ors and/or debt ors t hat
endangers
t he
Cont ract ors
propel performance hereunder;
5.
Appoi nt ment
of
any recei ver, t rust ee,
or si mi lar offi ci al for Conhact or or
any
of t he
Cont ract ors
propert y
and such
appoi nhnent endangers
t he Cont ract ors
proper performance
hereunder;
6. A det ermi nat i on t hat t he Cont ract or i s i n vi olat i on of
federal, st at e, or local laws or
regulat i ons
and t hat such det ermi nat i on renders t he Cont ract or unable t o
perform any aspect
of t he
Conhacl.
CONTRACT NO. K430
Page
18 of 30
00006221
NO ADDITIONAL CHARGES
Unless otherwise
specified
in the Solicitation no additional
charges by
the Contractor will be
allowed
including,
but not limited to:
handling charges
such as
packing, wrapping, bags,
containers, reels; or the
processing
fees associated with the use of credit cards.
Notwithstanding
the
foregoing,
in the event that market
conditions, laws, regulations
or other unforeseen factors
dictate, at the Contract Administrators sole
discretion, additional
charges may
be allowed.
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
In the event of the Contractors
non-compliance
or refusal to
comply
with
any
nondiscrimination
law, regulation,
or
policy,
this contract
may
be
rescinded,
canceled or terminated in whole or in
part,
and the Contractor
may
be declared
ineligible
for fmiher contracts with the WSLCB. The
Contractor
shall, however,
be
given a reasonable time in which to cme this
noncompliance. Any
dispute may
be resolved in accordance with the
"Disputes" procedure
set forth herein.
NONDISCRIMINATION
During
the
perfonnance
of this
contract,
the Contractor shall
comply
with all federal and state
nondiscrimination
laws, regulations
and
policies.
NON-EXCLUSIVE REMEDIES
The remedies
provided
for in this Contract shall not be exclusive but are in addition to all other
remedies available under law.
OPPORTUNITY TO CURE
In the event that Contractor fails to
perfonn a contractual
requirement
or
materially
breaches
any
term or condition,
the WSLCB
may
issue a written cure notice. The Contractor
may
have a
period
of time in which to cure. The WSLCB is not
required
to allow the Contractor to cure defects if the
opportunity
for cure is not feasible as determined
solely
within the discretion of the WSLCB. Time
allowed for cure shall not diminish or eliminate Contractors
liability
for
liquidated
or other
damages, or otherwise affects
any
other remedies available
against
Contractor under the Contract
orby
law.
If the breach remains after Contractor has been
provided
the
opportunity
to
cure,
the WSLCB
may
do
anyone
or more of the
following:
I. Exercise
any remedy provided by law;
2. Terminate this Contract and
any
related Contracts or portions thereof;
3. Procure
replacements
and
impose damages as set forth elsewhere in this
Contract;
4.
Impose
actual or liquidated damages;
5.
Suspend
or bar Contractor from
receiving
future Solicitations or other
oPP0 1 1 unities;
6.
Require
Contractor to reimburse the state for
any
loss or additional
expense
incutred as a result
of default or failure to
satisfactorily perform
the terms of the Contract.
OSHA ANDWISHA
REQUIREMENTS
Contractor
agrees
to
comply
with conditions of the Federal
Occupational Safety
and Health
Administration
(OSHA) and,
if manufactured or stored in the State of
Washington,
the
Washington
Industrial
Safety
and Health Act
(WISHA)
and the standards and
regulations
issued there
under,
and
certifies that all items furnished and
purchased
will confonn to and
comply
with said
laws,
standards
and
regulations.
Contractor fmther
agrees
io
indemnify
and hold harmless WSLCB from all
damages
CONTRACT NO. K430
Page
1 9 of 30
00006222
assessed
against
WSLCB as a result of Contractors failure to
comply
with those
laws, standards and
regulations,
and for the failure of the items furnished under the Contract to so
comply,
OVERPAYMENTS TO CONTRACTOR
Contractor shall refund to WSLCB the full amount of
any
erroneous
payment
or
overpayment
under
this Contract within
thitty (30) days
written notice, If Contractor fails to make
timely refund,
WSLCB
may charge
Contractor one
percent (1 %) per
month on the amount
due,
until
paid
in full.
OWNERSHIPIRIGHTS IN
DATA
The WSLCB and Contractor
agree
that all data and work
products (collectively
called "Work
Product") produced pursuant
to this Contract shall be considered work made for hire under the U,S,
Copyright Act,
17 U,S,C,
~IOI et
seq,
and shall be owned
by
the WSLCB, Contractor is
hereby
commissioned to create the Work Product. Work Product
includes,
but is not limited
to, discoveries,
fOlll1ulae, ideas, improvements, inventions, methods, models,
processes, techniques, findings,
conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes,
and/or sound
reproductions,
to the extent
provided by
law,
Ownership
includes the
right
to
copyright, patent, register
and the
ability
to transfer these
rights
and all information used to
fonnulate such Work Product.
If for
any
reason the Work Product would not be considered a work made for hire under
applicable
law,
Contractor
assigns
and transfers to the WSLCB the entire
right,
title and interest in and to all
rights
in the Work Product and
any regishations
and
copyright applications relating
thereto and
any
renewals and extensions thereof,
Contractor shall execute all documents and
perform
such other
proper
acts as the WSLCB
may
deem
necessary
to secure for WSLCB the
rights pursuant
to this section,
Contractor shall not use or in
any
manner disseminate
any
Work Product to
any
third
party,
or
represent
in
any way
Contractor
ownership
in
any
Work
Product,
without the
prior
written
permission
of the WSLCB, Conhactor shall take all reasonable
steps necessary
to ensure that its
agents, employees,
01 Subconhactors shall not
copy,or disclose,
transmit or
perform any
Work
Product or
any portion tllereof,
in
any form, to
any
third
party,
Material that is delivered under this
Contract,
but that does not
originate
therefrom
("Preexisting
Material"),
shall be transferred to the WSLCB with a nonexclusive, royalty- free,
irrevocable license
to
publish, translate, reproduce, deliver, perform, display,
and
dispose
of such
Preexisting Material,
and to authorize others to do so
except
that such license shall be limited to the extent to which
Contractor has a right
to
grant
such a license, Contractor shall exert all reasonable effort to advise the
WSLCB at the time of
delivery
of
Preexisting
Material furnished under this
Contract,
of all known or
potential infringements
of
publicity, privacy
or of intellectual
property
contained therein and of
any
portion
of such document which was not
produced
in the
perfonnance
of this Contract. Contractor
agrees
to
obtain, at its own
expense, express
written consent of the
copyright
holder for the inclusion
of
Preexisting
Material. the WSLCB shall receive
prompt
written notice of each notice or claim of
copyright infringement 01 infringement
of other intellectual
property right
worldwide received
by
Contractor l with
respect
to
any Preexisting
Material delivered under this Contract. The WSLCB
shall have the
right
to
modify
or remove
any
reshictive
markings placed upon
the
Preexisting
Material
by
Contractor,
CONTRACT NO. K430
Page
20 of 30
00006223
PERSONAL LIABILITY
It is
agreed by
and between the
p arties
hereto that in no event shall
any
of f ic ial, of f ic er, emp loyee or
agent
of the WSLCB when
exec uting
their of f ic ial duties in
good f aith,
be in
any way p ersonally
liable or resp onsible
f or
any agreement
herein c ontained whether
exp ressed or imp lied, nor f or
any
statement or
rep resentation
made herein or in
any
c onnec tion with this
agreement.
PRICE INCREASES
Contrac tor
requests
f or
adjustments
in
p ric ing
will be c onsidered at sole disc retion of the WSLCB
only
af ter
exp iration
of the f irm and f ixed
p ric e p eriod,
and then on a
p ass through
basis
only
that
does not
p roduc e
a
higher p rof it margin
f or Contrac tor than that established
by
the
original
c ontrac t
p ric ing.
Contrac tors
may
not make extensions
c ontingent on
p ric e adjustments.
Pric e Inc reases will not be c onsidered without
sup p orting
doc umentation suf f ic ient to
justif y
the
requested
inc rease. Doc umentation must be based on
p ublished
indic es and/or the result of inc reases
at the manuf ac turers
level,
inc urred af ter c ontrac t c ommenc ement date. The
grant
of
any p ric e
adjustment
will be at the sole disc reti n of the WSLCB
and,
if
granted,
shall not
p roduc e a higher
p rof it margin
f or the Contrac tor than that established
by
the
original
c ontrac t
p ric ing. Any
adjustments
in
p ric ing
shall be set f orth in a written amendment to the c ontrac t. Pric e
adjustments
granted by
the WSLCB shall remain
unc hanged
f or at least 365 c alendar
days thereaf ter,
and no
request
f or
adjustments
in
p ric e
will be c onsidered
during
that time
p eriod.
.
PRICE PROTECTION
Contrac tor warrants that
p ric es
of
materials, sup p lies, servic es,
and/or
equip ment
set f orth herein do
not exc eed those
c harged by
the Contrac tor to
any
other c ustomei
p urc hasing
the same under similar
c onditions and in like or similar
quantities.
PRIVACY
Personal inf ormation
inc luding,
but not limited
to,
"Protec ted Health
Inf ormation, " c ollec ted, used, or
ac quired
in c onnec tion with this c ontrac t shall be
p rotec ted against
unauthorized
use, disc losure,
modif ic ation or loss. Contrac tor shall ensure its
direc tors, of f ic ers, emp loyees,
Subc ontrac tors or
agents
us
p ersonal
inf onnation
solely
f or the
p urp oses
of
ac c omp lishing
the servic es set f orth herein.
Contrac tor and its Subc ontrac tors
agree
not to
release, divulge, p ublish, transf er,
sell or othelwise
make known to unauthorized
p ersons p ersonal
inf onnation without the
exp ress
written c onsent of the
WSLCB or as otherwise
required by
law.
Any
breac h of this
p rovision may
result in termination of the c ontrac t and the demand f or return of
all
p ersonal
inf onnation. The Contrac tor
agrees
to
indemnif y
and hold harmless the WSLCB f or
any
damages
related to the Contrac tors unauthorized use of
p ersonal
inf ormation.
PROBLEM RESOLUTION AND DISPUTES
Problems
arising
out of the
p erf ormanc e
of this Contrac t shall be resolved in a timely manner at the
lowest
p ossible
level with
authority
to resolve suc h
p roblem.
If a
p roblem p ersists
and c annot be
resolved,
it
may
be esc alated within eac h
organization.
In the event a bona f ide
disp ute c onc erning
a
questiou
of f ac t arises between the WSLCB and
Contrac tor and it c annot be resolved between the
p arties through
the normal esc alation
p roc esses,
either
p miy may
initiate the
disp ute
resolution
p roc edme p rovided
herein.
The
initiating p miy
shall reduc e its
desc rip tion
ohhe
disp ute
to
writing
and deliver it to the
resp onding p arty.
The
resp onding p arty
shall
resp ond
in
writing
within three
(3)
Business
Days.
The
CONTRACT NO. K430
Page
21 of 30
00006224
i n i t i a t i n g pa rt y
sha ll ha ve t hree
(3)
Busi n ess
Da ys
t o revi ew t he
respon se.
If a ft er t hi s revi ew a
resolut i on ca n n ot be
rea ched,
bot h
pa rt i es
sha ll ha ve t hree
(3)
Busi n ess
Da ys
t o
n eg ot i a t e
i n
g ood
fa i t h t o resolve t he
di sput e.
If t he
di sput e
ca n n ot be resolved a ft er t hree
(3)
Busi n ess
Da ys,
a
Di sput e
Resolut i on Pa n el
ma y
be
request ed
i n
wri t i n g by
ei t her
pa rt y
who sha ll a lso
i den t i fy
t he fi rst
pa n el
member. Wi t hi n t hree
(3)
Busi n ess
Da ys
of
recei pt
of t he
request ,
t he ot her
pa rt y
wi ll
desi g n a t e
a
pa n el
member. Those t wo
pa n el
members wi ll
a ppoi n t
a t hi rd i n di vi dua l t o t he
Di sput e
Resolut i on Pa n el wi t hi n t he n ext t hree
(3)
Busi n ess
Da ys.
The
Di sput e
Resolut i on Pa n el wi ll revi ew t he wri t t en
descri pt i on s
of t he
di sput e, g a t her
a ddi t i on a l
i n forma t i on a s n eeded,
a n d ren der a deci si on on t he
di sput e
i n t he short est
pra ct i ca l
t i me.
Ea ch
pa rt y
sha ll bea r t he cost for i t s
pa n el
member a n d sha re
equa lly
t he cost of t he t hi rd
pa n el
member.
Bot h
pa rt i es a g ree
t o be boun d
by
t he det en n i n a t i on of t he
Di sput e
Resolut i on Pa n el.
Bot h
pa rt i es a g ree
t o exerci se
g ood
fa i t h i n
di sput e
resolut i on a n d t o set t le
di sput es pri or
t o
usi n g a
Di sput e
Resolut i on Pa n el when ever
possi ble.
The WSLCB a n d Con t ra ct or
a g ree t ha t ,
t he exi st en ce of a
di sput e n ot wi t hst a n di n g , t hey
wi ll con t i n ue
wi t hout
dela y
t o
ca n y
out a ll t hei r
respect i ve respon si bi li t i es
un der t hi s Con t ra ct t ha t a re n ot a ffect ed
by
t he
di sput e.
If t he
subject
of t he
di sput e
i s t he a moun t due a n d
pa ya ble by
WSLCB for
ma t eri a ls, suppli es,
servi ces a n d/or
equi pmen t bei n g provi ded by Con t ra ct or,
Con t ra ct or sha ll con t i n ue
provi di n g
ma t eri a ls, suppli es,
servi ces a n d/or
equi pmen t pen di n g
resolut i on of t he
di sput e provi ded
t he
WSLCB
pa ys
Con t ra ct or t he a moun t WSLCB,
i n
g ood fa i t h,
beli eves i s due a n d
pa ya ble,
a n d
pla ces
i n escrow t he di fferen ce bet ween such a moun t a n d t he a moun t Con t ra ct or,
i n
g ood fa i t h, beli eves i s
due a n d
pa ya ble.
PUBLICrry
The Con t ra ct or
a g rees
t o submi t t o t he WSLCB a ll
a dvert i si n g
a n d
publi ci t y
ma t t ers
rela t i n g
t o t hi s
con t ra ct wherei n t he WSLCBSn a me i s men t i on ed or
la n g ua g e
used from whi ch t he con n ect i on of
t he WSLCB Sn a me
ma y,
i n t he WSLCB S
judg men t ,
be i n ferred or
i mpli ed.
The Con t ra ct or
a g rees
n ot t o
publi sh or use such
a dvert i si n g
a n d
publi ci t y
ma t t ers wi t hout t he
pri or
wri t t en con sen t of t he
WSLCB.
RECORDSMAINTENANCE
The Con t ra ct or sha ll ma i n t a i n
books, records, documen t s,
da t a a n d ot her evi den ce
rela t i n g
t o t hi s
con t ra ct a n d
performa n ce
oft he servi ces descri bed
herei n , i n cludi n g
but n ot li mi t ed t o
a ccoun t i n g
procedures
a n d
pra ct i ces
t ha t
suffi ci en t ly
a n d
properly
reflect a ll di rect a n d i n di rect cost s of
a n y
n a t ure
expen ded
i n t he
performa n ce
of t hi s con lra c!.
Con t ra ct or sha ll ret a i n such records for a
Peri od
of si x
(6) yea rs followi n g
t he da t e of fi n a l
pa ymen t .
At n o a ddi t i on a l
cost ,
t hese
records, i n cludi n g
ma t eri a ls
g en era t ed
un der t he
con t ra ct ,
sha ll be
subject
a t a ll rea son a ble t i mes t o
i n spect i on ,
revi ew or a udi t
by
Ole
WSLCB, person n el duly
a ut hori zed
by
t he
WSLCB,
t he Offi ce of t he St a t e
Audi t or,
a n d federa l a n d st a t e offi ci a ls so a ut hori zed
by la w,
reg ula t i on or
a g reemen t .
If
a n y li t i g a t i on ,
cla i m or a udi t i s st a rt ed before t he
expi ra t i on
of t he ~ i x
(6) yea r peri od,
t he records
sha ll be ret a i n ed t mt i l a ll
li t i g a t i on , cla i ms, or a udi t
fi n di n g s i n volvi n g
t he records ha ve been
resolved.
CONTRACT NO. K430
Pa g e
22of 30
00006225
REGISTRATION WITH DEPARTMENT OF REVENUE
The Contractor shall
complete reg i strati on
wi th the
Washi ng ton
State
Department
of Revenue and be
responsi ble
for
payment
of all taxes due on
payments
made under thi s contract.
RETENTION OF RECORDS
The Contractor shall mai ntai n all
books, records, documents,
data and other evi dence
relati ng
to thi s
Contract and the
provi si on
of
materi als, snppli es,
servi ces and/or
equi pment
descri bed
herei n,
i ncludi ng ,
but not li mi ted
to, accounti ng procedures
and
practi ces
whi ch
suffi ci ently
and
properly
reflect all di rect and i ndi rect costs of
any
nature
expended
i n the
perfonnance
of thi s Contract.
Contractor shall retai n such records for a
peri od
of si x
(6) years followi ng
the date of fi nal
payment.
At no addi ti onal
cost,
these
records, i ncludi ng
materi als
g enerated
under the
Contract,
shall be
subject
at all reasonable ti mes to
i nspecti on, revi ew, or audi t
by
the
WSLCB, personnel duly
authori zed
by
the
WSLCB,
the
Washi ng ton
State Audi tors
Offi ce,
and federal and state offi ci als so
authori zed
by law, reg ulati on or
ag reement.
If
any li ti g ati on,
clai m or audi t i s started before the
expi rati on
of the si x
(6) year peri od,
the records
shall be retai ned unti l fi nal resoluti on of all
li ti g ati on, clai ms, or audi t
fi ndi ng s i nvolvi ng
the records.
RIGHT OF INSPECTION
The Contractor shall
provi de ri g ht
of access to i ts faci li ti es to the
WSLCB, or
any
of i ts
offi cers, or to
any
other authori zed
ag ent
01 offi ci al of the state of
Washi ng ton
or the federal
g overmnent,
at all
reasonable
ti mes,
i n order to moni tor and evaluate
perfonnance, compli ance,
and/or
quali ty assurance
under thi s contract.
SEVERABILITY
The
provi si ons
of thi s contract are i ntended to be severable. If
any
term or provi si on
i s
i lleg al or
i nvali d for
any
reason whatsoever,
such
i lleg ali ty
or
i nvali di ty
shall not affect the
vali di ty
of the
remai nder of the contract.
SITE SECURITY
Whi le on WSLCB
premi ses, Contractor,
i ts
ag ents, employees,
or Subcontractors shall conform i n
all
respects
wi th
physi cal,
fi re or other
securi ty poli ci es
or
reg ulati ons.
STATEWIDE VENDOR PAYMENT REGISTRATION
Contractors are
requi red
to be
reg i stered
i n the Statewi de Vendor
Payment system, pri or
to
submi tti ng a
request
for
payment
under thi s Contract.
The
Washi ng ton
State Offi ce of Fi nanci al
Manag ement (OFM)
mai ntai ns a central Contractor
reg i strati on
fi le for
Washi ng ton
State
ag enci es
to
process
Contractor
payments.
To obtai n
reg i strati on
materi als
g o
to
http: //www.ofm.wa.g ov/i sd/vendors.asp
the form has two
parts;
Part 1 i s the i nformati on
requi red
to meet the above
reg i strati on
condi ti on. Part 2 allows the
state to
pay
i nvoi ces
electroni cally
wi th di rect
deposi t
and i s the states most effi ci ent method of
payment.
Contractor are
encourag ed
to
si g n up
for thi s form of
payment.
SUBCONTRACTING
Nei ther the Contractor nor
any
Subcontractor shall enter i nto subcontracts for
any
of the work
contemplated
under thi s contract wi thout
obtai ni ng pri or
wri tten
approval
of the WSLCB. In no
event shall the exi stence of the subcontract
operate
to release or reduce the
li abi li ty
of the
Contractor to the
Department
for
any
breach i n the
perfonnance
of the Contractors duti es. Thi s
CONTRACT NO. K430
Pag e
23 of 30
00006226
clause does not include contracts of
employment
between the Contractor and
personnel assigned
to
work under this contract.
Additionally,
the Contractor is
responsible
for
ensuring
that all
terms, conditions, assurances and
certifications set forth in this
agreement
are carried forward to
any
subcontracts. Contractor and its
Subcontractors
agree
not to release, divulge, publish, transfer,
sell or otherwise make known to
unauthorized
persons personal
information without the
express
written consent of the WSLCB or
as
provided by
law.
SUPERVISION AND COORDINATION
Contractor shall:
I.
Competently
and
efficiently, supervise
and coordinate the
implementation
and
completion
of all Contract
requirements specified herein;
2.
Identify
the Contractors
Representative,
who will be the
principal point
of contact for the
WSLCB Contract Administrator
concerning
Contractors
performance
under this Contract.
3.
Immediately notify
the Contract Administrator in
writing
of
any change
of the
designated
Contractors
Representative assigned
to this
Contract;
and
4. Violation of
any provision
of this
paragraph may
be considered a material breach
establishing grotmds
for Contract termination.
5. Be bound
by
all written communications
given
to or received from the Contractors
Representative.
SURVIVORSHIP
All transactions executed for Products and Services
provided pursuant
to the
authority
of this
Contract shall be bound
by
all of the
tenus, conditions,
Prices and Price discounts set forth
herein,
notwithstanding
the
expiration
of the initial term of this Contract or
any
extension thereof.
Further,
the
terms,
conditions and wananties contained in this Contract that
by
their sense and context are
intended to survive the
completion
of the
performance,
cancellation or termination of this Contract
shall so survive. In
addition,
the terms of the sections titled
Overpayments
to
Contmetor;
Ownership/Rights
in
Data;
Contractors
Commitments,
Warranties and
Representations;
Confidentiallty/Safeguarding Information; Incorporation
of
Documents;
Order of
Precedence; Publicity;
Retention of
Records;
Problem Resolutiou an,l
Disputes;
and
Limitation of
Liability
shall survive the termination of this Contract.
TAXES,
FEES AND LICENSES
Taxes:
Where
required by
statute or
regulation,
the Contractor shall
pay
for and maintain in current status
all taxes that are
necessary
for Contract
performance.
Unless otherwise
indicated,
the WSLCB
agrees
to
pay
State of
Washington
taxes on all
applicable materials, supplies,
services and/or
equipment purchased.
No
charge by
the Contractor shall be made for federal excise taxes and if
requested
the WSLCB
agrees
to furnish Contractor with an
exemption
certificate where
appropriate.
Collection of Retail Sales and Use Taxes:
In
general,
Contractors
engaged
in retail sales activities within the State of
Washington are required
to collect and remit sales tax to
Department
of Revenue
(DOR).
In
general,
out-of-state
Contractors must collect and remit "use tax" to
Department
of Revenue if the
activity
carried on
by
the seller in the State of
Washington
is
significantly associated with Contractors
ability
to
CONTRACT NO. K430
Page
24 of 30
00006227
establish or maintain a market for its
products
in
Washington
State.
Examples
of such
activ ity
include where the Contractor either
directly
or
by
an
agent
or other
representativ e:
1. Maintains an in-state
office,
distribution
house,
sales
house, warehouse,
serv ice
enterprise,
or
any
other in-state
place
of
business;
2. Maintains an in-state
inv entory
or stock of
goods
for
sale;
3.
Regularly
solicits orders from Purchasers located within the State of
Washington
v ia sales
presentativ es entering
the State of
Washington;
4. Sends other staff into the State of
Washington ( e.g. product safety engineers, etc.)
to
interact with Purchasers in an
attempt
to establish or maintain
market( s) ;
or
5. Other factors identified in WAC 458-20.
Department
of Rev enue
Registration
for Out-of-State Contractors:
Out-of-state Contractors
meeting any
of the abov e criteria must
register
and establish an account
Witll the
Department
of Rev enue. Refer to WAC
458-20-193,
and call the
Department
of Rev enue
at 800-647-7706 for additional information. When out-of-state Contractors are not
required
to
collect and remit "use
tax," the WSLCB will be
responsible
for
pay ing
this
tax,
if
applicable,
directly
to tlle
Department
of Rev enue.
Fees/Licenses:
After award of
Contract,
and
prior tocommencingperfonnance
under the
Contract,
the Contiactor
shall
pay
for and maintain in a current status
any licenses, fees, assessments, permit charges, etc.,
which are
necessary
for Contract
perfonnance.
It is th Contractors sole
responsibility
to maintain
licenses and to monitor and determine
any changes
or the enactment of
any subsequent regulations
for said
fees, assessments,
or
charges
and to
immediately comply
with said
changes
or
regulations
during
the entire term of this Contract.
CustomslBrokerage
Fees:
Contractor shall take all
necessary actions, including,
but not limited
to, pay ing
all
customs, duties,
brokerage,
and/or
import fees, to ensure that
materials, supplies,
and/or
equipment purchased
under
the Contract a
expedited through
customs. Failure to do so
may subj ect
Contractor to
liquidated
damages as identified he in and/or to other remedies av ailable
by
law or Contract. The WSLCB
will not incur additional costs related to Contractors
pay ment
of such fees.
Taxes on Inv oice:
Contractor shall calculate and enter the
appropriate Washington
State and local sales tax on all
inv oices. Tax is to be
computed
on new items after deduction of
any
trade-in in accordance with
WAC 458-20-247.
TERMINATION BYMUTUAL AGREEMENT
The WSLCB and the Contractor
may
terminate this Contract in whole or in
part,
at
any time, by
mutual
agreement.
TERMINATION FOR CAUSE
In the ev ent the WSLCB detennines the Contractor has failed to
comply
with
any
and/or all of tlle
conditions of this contract in a
timely manner,
tlle WSLCB has the
right
to
suspend
or terminate
this contract. Before
suspending
or
tenninating
the
contract,
the WSLCB
may notify
tlle
Contractor in
writing
of the need to take correctiv e action. If correctiv e action is not taken within
thirty ( 30)
Calendar
Day s,
the contract
may
be terminated or
suspended.
CONTRACT NO. K430
Page
25 of 30
00006228
In the event of termination or
suspension,
the Contractor shall be liable for
damages as authorized
by
law
including,
but not limited
to, any
cost difference between the
original
contract and the
replacement or cover contract and all administrative costs
directly
related to the
replacement
contract, e.g.,
cost of the
competitive bidding, mailing, advertising
and staff time.
The WSLCB reserves the
right
to
suspend
all or
part
of the
contract,
withhold further
payments,
or
prohibit
the Contractor from
incurring
additional
obligations
of funds
during investigation
of the
alleged compliance
breach and
pending
cOlTective action
by
the Contractor or a decision
by
the
WSLCB to terminate the contract. A tennination shall be deemed a "Termination for
Convenience" if it is determined that the Contractor:
(I)
was not in
defauIl; or
(2)
failure to
perform was outside of his or her
control,
fault or
negligence.
The
rights
and remedies of the WSLCB
provided
in this contract are not exclusive and
are,
in
addition to
any
other
rights
and
remedies, provided by
law.
TERMINATION FOR CONFLICT OF INTEREST
The WSLCB
may
terminate this Contract
by
written notice to Contractor if it is
determined,
after due
notice and
examination,
that
any party
to this Contract has violated
Chapter
42.52
RCW,
Ethics in
Public
Service, or
any
otller laws
regarding
ethics in
public acq uisitions
and
procurement
and
perfonnance
of contracts. In the event tllis Contract is so terminated,
the WSLCB shall be entitled to
pursue
the same remedies
against
Contractor as it could
pursue
in the event that the Contractor
breaches this Contract.
TERMINATION FOR CONVENffiNCE
Except
as otherwise
provided
in tllis
contract,
the WSLCB
may, by
ten
(10)
calendar
days
written
notice, beginning
on the second
day
after the
mailing,
terminate this
contract,
in whole or in
patio
If this contract is so tenninated,
the WSLCB shall be liable
only
for
payment req uired
under the
tenns of this contract for services rendered or
goods
delivered
prior
to the effective date of
termination.
TERMINATION FOR NON-ALLOCATION OF FUNDS
If funds are not allocated to the WSLCB to continue this Contract in
any
future
period,
the WSLCB
may
terminate this Contract
by
seven
(7)
calendar
days
written notice to Contractor or work with
Contractor to arrive at a
mutually acceptable
resolution of the situation. The WSLCB will not be
obligated
to
pay any
furt1ler
charges
for
materials, supplies,
services and/or
eq uipment including
the net remainder of
agreed
to consecutive
periodic payments remaining unpaid beyond
the end of
the then-cUlTent
period.
The WSLCB
agrees
to
notify
Contractor in
writing
of such non-allocation
at the earliest
possible
time.
No
penalty
shall accrue to the WSLCB in tlle event this section shall be exercised. This section
shall not be construed to
permit
tlle WSLCB to terminate this Contract in order to
acq uire
similar
materials, supplies,
services and/or
eq uipment
from a third
party.
TERMINATION FOR WITHDRAWAL OF AUTHORITY
In the event that the WSLCBs
authority
to
perform any
of its duties is
withdrawn, reduced, or
limited in
any way
after the commencement of this Contract and
prior
to nonnal
completion,
the
WSLCB
may
terminate this
Contract,
in whole or in
pali, by
seven
(7)
calendar
days
written
notice to Contractor.
CONTRACT NO. K430
Page
26 of 30
00006229
TERMINATION PROCEDURES
Upon
tennination of this
contract,
the
WSLCB,
in addition to
any
other
rig hts pwvided
in this
contract, may require
the Contractor to deliver to the WSLCB
any pwperty specifically pwduced
or
acquired
for the
performance
of such
part
of this contract as has been terminated. The
provisions
of the "Treatment of Assets" clause shall
apply
in such
pwperty
transfer.
The WSLCB shall
pay
to the Contractor the
ag reed upon price,
if
separately stated,
for
completed
work and services
accepted by
the
WSLCB,
and the amount
ag reed upon by
the Contractor and the
WSLCB for
( i) completed
work and services for which no
separate price
is
stated, ( ii) partially
completed
work and
services, ( iii)
other
property
or services that are
accepted by
the
WSLCB,
and
( iv)
the
protection
and
preservation
of
property,
unless the termination is for
default,
in which case
the
Ag ent
shall determine the extent of the
liability
of the WSLCB. Failure to
ag ree
with such
detennination shall be a dispute
within the
meaning
of the
"Disputes"
clause of this contract. The
WSLCB
may
withhold from
any
amounts due the Contractor such sum as the
Ag ent
determines to
be
neceSSaIy
to
protect
the WSLCB
ag ainst potential
loss 01 liability.
The
rig hts
and remedies of the WSLCB
provided
in this section shall not be exclusive and are in
addition to
any
other
rig hts
and remedies
provided by
law or under this contract.
After
receipt
of a notice of
termination,
aIld
except
as otherwise directed
by
the
Ag ent,
the
Contractor shall:
1.
Stop
work under the contract on the
date,
aIld to the extent
specified,
in the
notice;
2. Place no further orders 01 subcontracts for
g oods, materials, services, or facilities
except
as
may
be
necessary
for
completion
of such
portion
of the work under the contract that is not
terminated;
3.
Assig n
to the
WSLCB,
in the
manner,
at the
times,
and to the extent directed
by
the
Ag ent,
all
of the
rig hts, title,
and interest of the Contractor under the orders and subcontracts so
tenninated,
in which case the WSLCB has the
rig ht,
at its
discretion, to settle 01
pay any
01 all
claims
arising
out of the termination of such orders and
subcontracts;
4. Settle all
outstanding
liabilities and all claims
arising
out of such termination of orders and
subcontracts, with the
approvalor
ratification of the
Ag ent
to the extent
Ag ent may require,
which
approval
01 ratification shall be final for all the
purposes
of this
clause;
5. Transfer title to the WSLCB and deliver in the
manner,
at the
times, and to the extent directed
by
the
Ag ent any propeliy which,
if the contract had been
completed, wOl d have been
reql
red to be furnished to the
WSLCB;
6.
Complete performance
of such
part
of tlle work as shallnot have been terminated
by
the
Ag ent;
and
7. Take such action as
may
be
necessary,
01 as the
Ag ent may
direct,
for the
protection
and
preservation
of the
property
related to this
contract,
which is in the
possession
of the Contractor
and in which the WSLCB has or
may acquire
an interest.
TITLE TO PRODUCT
Upon Acceptance,
Contractor shall
convey
to the WSLCB
g ood
title to the Product free and clear
of all
liens, pledg es, mortg ag es, encumbrances, or other
security
interests.
TREATMENT OF ASSETS
A. Title to all
property
furnished
by
the WSLCB shall remain in the WSLCB. Title to all
propeliy
fumished
by
the
Contractor,
for the cost of which tlle Contractor is entitled to be reimbursed as
CONTRACT NO. K430
Pag e
27 of 30
00006230
a direct item of cost under this
contract,
shall
pass
to and vest in the WSLCB
upon delivery
of
such
property by
the Contractor. Title to other
property ,
the cost of which is reimbursable to
the Contractor under this
contract,
shall
pass
to and vest in the WSLCB
upon ( i)
issuance for
use of such
property
in the
performance
of this
contract, or
( ii)
commencement of use of such
property
in the
perfonnance
of this
contract,
or
( iii)
reimbursement of tile cost thereof
by
the
WSLCB in whole or in
part,
whichever first occms.
B.
Any property
of the WSLCB furnished to the Contractor
shall,
unless othelwise
provided
herein or
approved by
the
WSLCB,
be used
only
for the
perfonnance
of this contract.
C. The Contractor shall be
responsible
for
any
loss or
damage
to
property
of the WSLCB which
results from the
negligence
of the Contractor which results from the failure on the
part
of the
Contractor to maintain and administer that
prope!ty
in accordance with sound
management
practices.
D. If
any
WSLCB
property
is
lost, destroy ed
or
damaged,
the Contractor shall
immediately notify
the WSLCB and shall take all reasonable
steps
to
protect
the
property
from further
damage.
E. The Contractor shall surrender to the WSLCB all
property
of the WSLCB
prior
to settlement
upon completion,
termination or cancellation of this contract
F. All reference to the Contractor under this clause shall also include Contractors
employ ees,
agents
or Subcontractors.
WAIVER
Failme or
delay
of the WSLCB to insist
upon
the strict
perf
mnance of
any
term or condition of the
Contract or to exercise
any right or
remedy provided
in the Contract or
by law; or the WSLCBs
acceptance
of or
pay ment
for
materials, supplies,
services and/or
equipment,
shall not release the
Contractor from
any responsibilities or
obligations imposed by
this Contract or
by law,
and shall
not be deemed a waiver of
any right
of the WSLCB to insist
upon
the strict
performance
of the
entire
agreement by
the Contractor. In tbe event of
any
claim for breach of Conhact
against
the
Contractor, no
provision
of this Contract shall be
conshued, expressly or
by implication, as a
waiver
by
the WSLCB of
any existing
or fuhn-e
right
and/or
remedy
available
by
law.
WARRANTIES
Contractor warrants that all
materials, supplies,
services and/or
equipment provided
under this
Contract shall be fit for the
pmpose( s)
for which
intended,
for
merchantability ,
and shall conf01lli
to the
requirements
and
specifications
herein.
Acceptance
of
any
materials, supplies,
service
and/or
equipment,
and
inspection
incidental
thereto, by
the WSLCB shall not alter or affect the
obligations
of the Contractor or the
rights
of the WSLCB.
WITHDRAWAL OF FUNDING
In the event
funding
from
state, federal, or other sources is
withdrawn, reduced, or limited in
any way
after the effective date of this contract and
prior
to nonnal
completion,
the WSLCB
may
tenninate
the contract under the "Termination for Convenience"
clause,
without the
ten-day
notice
requirem~nt,
subject
to
renegotiation
at the WSLCBS discretion under those new
funding
limitations and
conditions.
CONTRACT NO. K430
Page
28 of 30
00006231
CONTRACT NO. K430
Exhibit B
WSLCBS
Request
for
Proposals
No. K430
Page
29 of 30
00006232
Exhibit C
Contractors
Proposal
CONTRACT NO. K430
Page
30 of 30
00006233
Norton. Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 12:07 PM
mike@gro4me.com
WSLCB RFP K430 -
Rejection
Notification
K430_StoneyGirIGardens_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00006234
Washington
State
liquor
Control Board
F eb 1 llary 25,
201 3
Michael C. Mullins
Stoney
Girl Gardens
1 0 II 7 SE
Sunny side
Road
Suite F I1 98
Clackamas,
OR 9701 5
Sub ject: Rejection
of
Response
to
Washington
State
Llqnor
COlltJ ol Board
(WSLCB)
Request
for
Proposals (RF P) K430,
Initiative 502 Consulting Services
Dear Mr.
Mullins,
.
This letter is to inform
y ou
that
Stoney
Girl Gardens
response
to
Request
for
Proposals (RF P)
K430 has
b een
rejected
b ecause it failed to conform to RF P
requirements.
Section 3.2 ofRF P
K430, Preparation
of
Proposals,
states in
part:
" ...Incomplete
or
vague response.I may
b e considered
non-responsive
and
may
b e
rejected.
F ailure
to
complete
and sub mit the
required
items listed in this section
may disqualifY
the
Proposer from
.filrther participation
in this RF P...
"
It is the sole
responsib ility
of the
Proposer
to understand the RF P
requirements
and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
sub mitted
b y Stoney
Girl Gardens is
vague
and
incomplete,
and
therefore unab le to b e evaluated in accordance with the
requirements
ofRF P K430.
Stoney
Girl Gardens
is thus deemed
non-responsive
and
rejected
itom fm1 her
pat1 icipation
in this RF P.
Thank
y Oll
for
y Ollr
interest in
doing
b usiness with the
Washington
State
Liquor
Control Board. This
measure is
b eing
taken to assist
y ou
in
preparing
future
responses.
If
y ou
have
any questions, please
feel
free to contact me
b y phone
at
(360)
664-4526 or email
atjsf@liq.wa.gov.
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Oly mpia
WA
98504-3090, (360) 664-1 600, www.liq.wa,gov
00006235
Norton, Melissa. K
From:
Posted At:
Conversation:
TPendress@comcastnet
Friday , February 15,
2013 11:59 AM
"Rfp
K430
Subject: "Rfp
K430
Dear Sirs.
My
name is
Terry
Pendras and I am
bidding
on
Rfp430.
I am
just starting
as a consultant
but know I will do a
very good job.
I have
joined
"Webs" for bid
updates. My formatting
is a little
rough
as this is
my
1 st
participation,
but I believe I covered it all.
Pay
rate will be
negotiated
if I
get
the
contract. Email me if
y ou
have
any questions.
.
Thank You for
y ou consideration,
Terry
D. Pendras
1
00006236

11





1

W




'



W ' 1
1 1


00006237
SAMPLE
STATE OF WASHINGTON
Liquor
Control Board
REQUEST FOR PROPOSALS
(RFP)
RFP NO.
_K430
NOTE: If
you
download this RFP from an
agency
website located at:
you
are
responsible
for
sending your name, address,
e-mail
address,
and
telephone
number
to the RFP Coordinator in order for
your organization
to receive
any
RFP amendments or
bidder
questions/agency answers.
PROJECT TITLE:
PROPOSAL DUE DATE: 2-15-13
2pm- Time, Pacific Standard Time or Pacific
Daylight
Time, Olympia, Washington,
USA.
E-mailed bids will be
accepted.
Faxed bids will not.
ESTIMATED TIME PERIOD FOR CONTRACT: 3-1-13 -12-31-13.
The
Agency
reserves the
right
to extend the contract for
up
to two additional
one-year
periods
at the sole discretion of the
Agency.
CONSULTANT ELIGIBILITY: This
procurement
is
open
to those consultants that
satisfy
the minimum
qualifications
stated herein and that are available for work ili
Washington
State.
CONTENTS OF THE REQUEST FOR PROPOSALS:
1. Introduction
2. General Information for Consultants
3.
Proposal
Contents
4. Evaluation and Award
5. Exhibits
A. Certifications and Assurances
B. Personal Service Contract with General Terms and Conditions
00006238
TABLE OF CONTENTS
(Page
#s need to
change)
1. I ntr odu cti on........................................................................................................................................3
1.1
Pu r pose
and
Backgr ou nd ..........................................................................................................3
1.2
Objecti ve
and
Scope
of Wor k
....................................................................................................
3
1.3 Mi ni mu m Q u al i fi cati ons..............................................................................................................4
1.4
Fu ndi ng ......................................................................................................................................
4
1.5 Per i od of Per for mance............................................................................................................... 4
1.6 Cu r r ent or For mer State
Empl oy ees..............................................., ............................4
1.7 D efi ni ti ons..................................................................................................................................4
1.8 AD A ...........................................................................................................................................5
2. Gener al I nfor mati on for Consu l tants............................................................................................... 6
2.1 RFP Coor di nator
........................................................................................................................
6
2.2 Esti mated Schedu l e of Pr ocu r ement Acti vi ti es
..........................................................................
6
2.3
Pr e-pr oposal
Confer ence...............................: ...................................................... ....6
2.4 Su bm i ssi on of
Pr oposal s ..........................................
................................................................6
2.5
Pr opr i etar y
I nfor mati on/Pu bl i c D i scl osu r e.....................................................: ............................7
2.6 Revi si ons to the RFP .................................................................................................................7
2.7
Mi nor i ty
& Women-Owned Bu si ness
Par ti ci pati on ......................................................., ............ 7
2.8
Acceptance
Per i od
.....................................................................................................................
8
2.9
Responsi veness......................................................................................................................... 8
2.10 Most Favor abl e Ter ms..............................................: ................................................................8
2.11 Contr act and Gener al Ter ms & Condi ti ons................................................................................ 8
2.12 Costs to
Pr opose .......................................................................................................................
8
2.13 No
Obl i gati on
to Contr act........................................................................................................... 9
2.14
Rejecti on
of
Pr oposal s
...............................................................................................................9
2.15 Commi tment of Fu nds ...............................................................................................................9
2.16 El ectr oni c
Pay ment... .. .. ....... ..... ............
..........: .
.... .. ..... ....... ....... .. ... .......... .. ..... .....
...9
2.17 I nsu r ance
Cover age...................................................................................................................9
3 .
Pr oposal
Contents...........................................................................................................................11
3 .1 Letl er of Su bmi U al ....................................................................................................................11
3 .2 Techni cal
Pr oposal ..................................................................................................................11
3 .3
Management Pr oposal .............................................................................................................12
3 .4 Cost
Pr oposal .......................................................................................................................... 13
4 . Eval u ati on and Contr act Awar d
.....................................................................................................
15
4 .1 Eval u ati on Pr ocedu r e...............................................................................................................15
4 .2 Eval u ati on
Wei ghti ng
and
Scor i ng ...........................................................................................
15
4 .3 Or al Pr esentati ons
may
be
Requ i r ed ............................................................................., .........15
4 .4 Noti fi cati on to
Pr oposer s.......................................................................................................... 16
4 .5
D ebr i efi ng
of U nsu ccessfu l
Pr oposer s ....................................................................................
16
4 .6 Pr otest Pr ocedu r e ....................................................................................................................16
5. RFP Exhi bi ts.
...
..............................................................................................................................1 B
Exhi bi t A Cer ti fi cati ons and Assu r ances
Exhi bi t B Ser vi ce Contr act For mat
i ncl u di ng
Gener al Ter ms and Condi ti ons
(GT&Cs)
NOTE: I ncl u de other exhi bi ts as appl i cabl e
to the RFP.
00006239
1. INTRODUCTION
1.1. PURPOSE AND BACKGROUND
(NOTE:
Provide a clear statement of the
p roj ect s p urp ose, p resent system or
p rocess,
and
p erceived
need, as well as
any
other
background
about the
p roj ect,
which
may
be
ap p rop riate.)
The
Washington State, liq uor
control board hereafter called
"AGENCY,"
is
initiating
this
Req uest
for
Prop osals (RFP)
to solicit
p rop osals
from firms interested in
p articip ating on a p roj ect
to
Legalize
Marij uana
in
Washington
State
by establishing
a
system
of
growers, p rocessing
and
warehousing
facilities,
and retail
disp ensaries
to sell the various
marij uana p roducts.
AGENCY intends to award one/mult
p le contract(s)
to
p rovide
the services described in this RFP.
1.2. OBJECTIVES AND SCOPE OF WORK
Please see attached
p rop osal.
1.3 MINIMUM QUALIFICATIONS
(NOTE:
Include what is
req uired
to be able to
q ualify
for a
contract.)
Minimum
q ualifications
include:
. Licensed to do business in the State of
Washington or p rovide a commitment that it will
become licensed in
Washington
within
thirty (30)
calendar
days
of
being
selected as the
Ap p arently
Successful Contractor.
.
_0_ years exp erience as a consultant but am familiar with
Marij uana.
.
Exp erience
with
Samp ling (smoking)
.
Exp erience
with
Marketing
BSBM
degree
1.4 FUNDING
(OPTIONAL)
The AGENCY has
budgeted an amount not to exceed SPELL OUT NUMBERS Dollars
($ )
for this
p roj ect. Prop osals
in excess of $ will be considered
non-resp onsive
and will not be
evaluated.
Any
contract awarded as a result of this
p rocurement
is
contingent up on
the
availability
of
funding.
1.5 PERIOD OF PERFORMANCE
The
p eriod
of
p erformance
of
any
contract
resulting
from this RFP is
tentatively
scheduled to
begin on
or about 3-1-13 and to end on 12-31-13. Amendments
extending
the
p eriod
of
p erformance,
if
any,
shall be at the sole discretion of the AGENCY.
The AGENCY reserves the
right
to extend the contract for two
one-year p eriods.
1.6 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES
<AGENCY NAME> RFP
No._ Page
3 of 19
00006240
Specific
restrictions
apply
to
contracting
with current or former state
employees pursuant
to
chapter
42.52 of the Revised Code of
Washington. Proposers
should familiarize themselves with the
requirements prior
to
submitting
a
proposal
that includes current or former state
employees.
1.7 DEFINITIONS
Definitions for the
purposes
of this RFP include:
Agency
-The is the
agency
of the state of
Washington
that is
issuing
this RFP.
Apparent
Successful Contractor - The consultant selected as the
entity
to
perform
the
anticipated
services, subject
to
completion
of contract
negotiations
and execution of a written contract.
Consultant - Individual or
company
interested in the RFP and that
mayor
does submit a
proposal
in
order to attain a contract with the AGENCY.
Contractor - Individual or
company
whose
proposal
has been
accepted by
the AGENCY and is
awarded a
fully executed,
written contract.
Proposal
- A formal offer submitted in
response
to this solicitation.
Proposer
- Individual or
company
that submits a
proposal
in order to attain a contract with the
AGENCY.
Request
for
Proposals (RFP)
- Formal
procurement
document in which a service or need is
identified but no specific
method to achieve it has been chosen. The
purpose
of an RFP is to
permit
the consultant
community
to
suggest
various
approaches
to meet the need at a
given price.
1.8 ADA
The AGENCY
complies
with the Americans with Disabilities Act
(ADA).
Consultants
may
contaCt the
RFP Coordinator to receive this
Request
for
Proposals
in Braille or on tape.
<AGENCY NAME> RFP
No._ Page
4 of 19
00006241
2. GENERAL INFORMATION FOR CONSULTANTS
2.1. RFP COORDINATOR
The RFP Coordinator is the sole
p oint
of contact in the AGENCY for this
p rocurement.
All
communication between the Consultant and the AGENCY
up on
release of this RFP shall be with the
RFP
Coordinator, as follows:
Name John
Farley
E-Mail Address
K430@liq.wa.gov
Mailing
Address
Physical
Address
for
Delivery
Phone Number
Fax Number
Any
other communication will be considered unofficial and
non-binding
on the AGENCY. Consultants
are to
rely on written statements issued
by
the RFP Coordinator. Communication directed to
p arties
other than the RFP Coordinator
may
result in
disqualification
of the Consultant.
2.2. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES
Issue Renuest for Prop osals
Question & answer
p eriod
Issue last addendum to RFP
Prooosals due
Evaluate orop osals
Conduct oral interviews with
finalists,
if reauired
Announce
"Ap p arent
Successful Contractor" and send notification
via fax or e-mail to unsuccessful
p rop osers
Hold debriefina conferences ( if reauested)
Nenotiate contract
File contract with DES ( if reauired)
Benin contract work
The AGENCY reservesthe
right
to revise the above schedule.
<AGENCY NAME> RFP No.
Page
5 of 19
00006242
2.3 PRE-PROPOSAL CONFERENCE
(Optional)
A
pre-proposal
conference is scheduled to be held on
(Date)
at
~ tt l~ ) a.m./p.m.,
Pacific Standard
T irll~ .or PacificDay lig ht
T ime in
_l, Washing ton.
T he location of the
pre-proposal
conference is
I q q lft ! l I ~ i fg i $ $ ).
All
prospective
Consultants should
attend; however, attendance is not
mandatory .
AGENCY will be bound
only
to AGENCY S written answers to
q uestions.
Questions
arising
at the
pre-
proposal
conference or in
subseq uent
communication with the RFP Coordinator will be documented
and answered in written form. A
copy
of the
q uestions
and answers will be sent to each
prospective
Consultant that has received a
copy
of the RFP or made the RFP Coordinator aware of its interest in
this
procurement.
2.4 SUBMI SSI ON OF PROPOSALS
(NOT E: Proposals can be submitted either hard
copy
or
electronically .
Use the
appropriate
sections
below.)
HARD COPY PROPOSALS:
ConsuJtants are req uired
to submit four
(4) copies
of their
proposal.
T wo
copies
must have
orig inal
sig natures
and two
copies
can have
photocopied
sig natur~ 8 . T ~ eproposal,
whether mailed or hand
delivered,
must arrive at the AGENCY no later than < m$ ;il r.tJii~ ~ j Pacific Standard T ime or Pacific
Day lig ht
T ime on m, Er1.
T he
proposal
is to be sent to the RFP Coordinator at the address noted in Section 2.1. T he
envelope
should be
clearly
marked to the attention of the RFP Coordinator.
Consultants
mailing proposals
should allow normal mail
delivery
time to ensure timely receipt
of their
proposals by
the RFP Coordinator. Consultants assume the risk for the method of
delivery
chosen.
T he AGENCY assumes no
responsibility
for
delay s
caused
by any delivery
service.
Proposals may
not be transmitted
using
facsimile transmission.
Late
proposals
will not be
accepted
and will be
automatically disq ualified
from further consideration.
All
proposals
and
any accompany ing
documentation become the
property
of the AGENCY and will not
be returned.
ELECT RONI C PROPOSALS:
T he
proposal
must be received
by
the RFP Coordinator no later than
2pm,
Pacific Standard T ime or
Pacific
Day lig ht T ime,
in
Oly mpia, Washing ton, on 15,2013.
Proposals
must be submitted
electronically as an attachment to an e-mail to I cbbids@ liq .wa.g ov\ ! the
RFP
Coordinator,
at the e-mail address listed in Section 2.1. Attachments to e-mail shall be in
Microsoft Word format or PDF.
Zipped
files cannot be received
by
the AGENCY and cannot be used
for submission of
proposals.
T he cover submittal letter and the Certifications and Assurances form
must have a scanned
sig nature
of the individual within the
org anization
authorized to bind the
Consultant to the offer. T he AGENCY does not assume
responsibility
for
problems
with Consultant s
e-mail. I f the AGENCY S email is not
working , appropriate
allowances will be made.
Proposals may
not be transmitted
using
facsimile transmission.
Consultants should allow sufficient time to ensure
timely receipt
of the
proposal by
the RFP
Coordinator. Late
proposals
will not be
accepted
and will be
automatically disq ualified
from further
consideration,
unless the AGENCY S e-mail is found to be at fault. All
proposals
and
any
accompany ing
documentation become the
property
of the AGENCY and will not be returned.
< AGENCY NAME> RFP
No._ Pag e
6 of 19
00006243
2.5 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE
Proposals
submitted in
response
to this
competitive procurement
shall become the
property
of the
AGENCY. All
proposals
received shall remain confidential until the
contract,
if
any, resulting
from this
RFP is
sig ned by
the Director of the
AGENCY, or his
Desig nee,
and the
apparent
successful
Contractor; thereafter,
the
proposals
shall be deemed
public
records as defined in
Chapter
42.56 of
the Revised Code of
Washing ton (RCW).
Any
information in the
proposal
that the Consultant desires to claim as
proprietary
and
exempt
from
disclosure under the
provisions
of
Chapter
42.56
RCW, or other state or federal law that
provides
for
the nondisclosure of
your document, must be
clearly desig nated.
The information must be
clearly
identified and the
particular exemption
from disclosure
upon
which the Consultant is
making
the claim
must be cited. Each
pag e containing
the information claimed to be
exempt
from disclosure must be
clearly
identified
by
the words
"Proprietary
Information"
printed on the lower
rig ht
hand corner of the
pag e. Marking
the entire
proposal exempt
from disclosure or as
Proprietary
Information will not be
honored.
If a public
records
request
is made for the information that the Consultant has marked as
"Proprietary
Information,"
the AGENCY will
notify
the Consultant of the
request
and of the date that the records will
be released to the
requester
unless the Consultant obtains a court order
enjoining
that disclosure. If
the Consultant fails to obtain the court order
enjoining disclosure,
the AGENCY will release the
requested
information on the date
specified.
If a Consultant obtains a court order from a court of
competent jurisdiction enjoining
disclosure
pursuant
to
Chapter
42.56
RCW, or other state or federal
law that
provides
for
nondisclosure, the AGENCY shall maintain the
confidentiality
of the Consultants
information
per
the court order.
A
charg e
will be made for
copying
and
shipping , as outlined in RCW 42.56. No fee shall be
charg ed
for
inspection
of contract
files, but
twenty-four (24)
hours notice to the RFP Coordinator is
required.
All
requests
for information should be directed to the RFP Coordinator.
.
2.6 REVISIONS TO THE RFP
In the event it becomes
necessary
to revise
any part
of this
RFP, addenda will be
provided
via e-mail
to all individuals, who have made the RFP Coordinator aware of their interest Addenda will also be
published on rPilliJ : Eirlw~ i;lt~ i! g ~ i For this
purpose,
the
published questions
and answers and
any
other
pertinent
information shall be
provided as an addendum to the
RFPa.l1 d
will be
placed on the website.
If
you
downloaded this RFP from the
Ag ency
website located
at: Bll: lii)< J ,
you
are
responsible
for
sending your name,
e-mail
address, and
telephone
number to the RFP Coordinator in order for
your
org anization
to receive
any
RFP addenda.
The AGENCY also reserves the
rig ht
to cancel or to reissue the RFP in whole or in
part, prior
to
execution of a contract
2.7 MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION
In accordance with
chapter
39.1 9
RCW, the state of
Washing ton encourag es participation
in all of its
contracts
by
firms certified
by
the Office of
Minority
and Womens Business
Enterprises (OMWBE).
Participation may
be either on a direct basis in
response
to this solicitation or on a subcontractor
basis.
However, no
preference
will be included in the evaluation of
proposals, no minimum level of
MWBE
participation
shall be
required as a condition for
receiving an award,
and
proposals
will not be
rejected or considered
non-responsive on that basis.
The established annual
procurement participation g oals
for MBE is 1 0% and for
WBE, 4%,
for this
type
of
project
These
g oals are
voluntary.
For information on certified
firms, consultants
may
contact OMWBE at 360/753-9693 or
ht! p: /Iwww.omwbe.wa.g ov.
< AGENCY NAME> RFP
No.~ Pag e
7 of 1 9
00006244
<AGENCY NAME> RFP
No,_ Page
8 of 19
00006245
2.8 ACCEPTANCE PERIOD
Proposals
must
provide
60
days
for
acceptance by
AGENCY from the due date for
receipt
of
proposals.
2.9 RESPONSIVENESS
All
proposals
will be reviewed
by
the RFP Coordinator to determine
compliance
with administrative
requirements
and instructions
specified
in this RFP. The Consultant is
specifically
notified that failure
to com
ply
with
any part
of the RFP
may
result in
rej ection
of the
proposal as non-responsive.
The AGENCY also reserves the
rig ht
at its sole discretion to waive minor administrative
irreg ularities.
2.10 MOST FAVORABLE TERMS
The AGENCY reserves the
rig ht
to make an award without further discussion of the
proposal
submitted.
Therefore,
the
proposal
should be submitted
initially on the most favorable terms which
the Consultant can
propose.
There will be no best and final offer
procedure.
The AGENCY does
reserve the
rig ht
to contact a Consultant for clarification of its
proposal.
The
Apparent
Successful Contractor should be
prepared
to
accept
this RFP for
incorporation
into a
contract
resulting
from this RFP. Contract
neg otiations may incorporate some or all of the
Consultants
proposal.
It is understood that the
proposal
will become a part
of the official
procurement
file on this matter without
oblig ation
to the AGENCY.
2.11 CONTRACT AND GENERAL TERMS & CONDITIONS
The
apparent
successful contractor will be
expected
to enter into a contract which is
substantially
the
same as the
sample
contract and its
g eneral
terms and conditions attached as Exhibit B. In no event
.is a Consultant to submit its own standard contract terms and conditions in
response
to this
solicitation. The Consultant
may
submit
exceptions as allowed in the Certifications and Assurances
form,
Exhibit A to this solicitation. All
exceptions
to the contract terms and conditions must be
submitted as an attachment to Exhibit
A, Certifications and Assurances form. The AGENCY will
review
requested exceptions
and
accept or
rej ect
the same at its sole discretion.
2.12 COSTS TO PROPOSE
The AGENCY will not be liable for
any
costs incurred
by
the Consultant in
preparation
of a
proposal
submitted in
response
to this
RFP, in conduct of a
presentation, or
any
other activities related to
responding
to this RFP
2.13 NO OBLIGATION TO CONTRACT
This RFP does not
oblig ate
the state of
Washing ton or the AGENCY to contract for services
specified
herein.
2.14 REJECTION OF PROPOSALS
The AGENCY reserves the
rig ht
at its sole discretion to
rej ect any
and all
proposals
received without
penalty
and not to issue a contract as a result of this RFP.
<AGENCY NAME> RFP
No._
Pag e
9 of 19
00006246
2.15 COMMITMENT OF FUNDS
The Director of the AGENCY or his
delegate
is the
only
individual who
may legally
commit the
AGENCY to the
expenditures
of funds for a contract
resulting
from this RFP. No cost
chargeable
to
the
proposed
contract
may
be incurred before
receipt
of a
fully
executed contract.
2.16 ELECTRONIC PAYMENT
The state of
Washington prefers
to utilize electronic
payment
in its transactions. The successful
contractor will be
provided a form to
complete
with the contract to authorize such
payment
method.
2.17 INSURANCE COVERAGE
The Contractor is to furnish the
Agency
with a
certificate( s)
of insurance executed
by
a
duly
authorized
representative
of each
insurer, showing compliance
with the insurance
requirements
set forth below.
The Contractor
shall, at its own
expense,
obtain and
keep
in force insurance
coverage
which shall be
maintained in full force and effect
during
the term of the contract. The Contractor shall furnish
evidence in the form of a Certificate of Insurance that insurance shall be
provided,
and a
copy
shall be
forwarded to the
Agency
within fifteen
( 15) days
of the contract effective date.
Liability
Insurance
1)
Commercial General
Liability
Insurance: Contractor shall maintain commercial
general liability
( CGL)
insurance
and,
if
necessary,
commercial umbrella
insurance,
with a limit of not less than
$1,000,000
per
each occurrence. If CGL insurance contains
aggregate limits, the General
Aggregate
limit shall be at least twice .the "each occurrence" limit. CGL insurance shall have
products-completed operations aggregate
limit of at least two times the "each occurrence" limit.
CGL insurance shall be written on ISO occurrence from CG 00 01
( or
a substitute form
providing
equivalent coverage) .
All insurance shall cover liability
assumed under an insured contract
( including
the tort
liability
of another assumed in a business
contract) ,
and contain
separation
of
insureds
( cross liability)
condition.
Additionally,
the Contractor is
responsible
for
ensuring
that
any
subcontractors
provide adequate
insurance
coverage
for the activities
arising
out of subcontracts.
2)
Business Auto
Policy:
As
applicable,
the Contractor shall maintain business auto
liability and,
if
necessary,
commercial umbrella
liability
insurance with a limit not less than
$1,000,000
per
accident. Such insurance shall cover
liability arising
out of
"Any
Auto." Business auto
coverage
shall be written on ISO form CA 00
01,
1990 or later
edition, or substitute
liability
form
providing
equivalent coverage.
Employers Liability ( "Stop
Gao") Insurance: In
addition,
the Contractor shall
buy employers
liability
insurance and,
if
necessary,
commercial umbrella
liability
insurance with limits not less than
$1,000,000 each accident for
bodily inj ury by
accident or $1,000,000 each
employee
for
bodily inj ury
by
disease.
Additional Provisions
Above insurance
policy
shall include the
following provisions:
1. Additional Insured. The state of
Washington, [agency name],
its elected and
appointed officials,
agents
and
employees
shall be named as an additional insured on all
general liability, excess,
umbrella and
property
insurance
policies.
All insurance
provided
in
compliance
with this contract
shall be
primary
as to
any
other insurance or self-insurance
programs
afforded to or maintained
by
the state.
<AGENCY NAME> RFP No.
Page
10 of 19
00006247
2. Cancellation. State of
Washington, [agency name],
shall be
provided
written notice before
cancellation or non-renewal of
any
insurance referred to
therein, in accord with the
following
specifications.
Insurers
subject
to 48.18 RCW
(Admitted
and
Regulation by
the Insurance
Commissioner):
The insurer shall
give
the state 45
days
advance notice of cancellation or non-
renewal. If cancellation is due to
non-payment
of
premium,
the state shall be
given
10
days
advance notice of cancellation. Insurers
subject
to 48.15 RCW
(Surplus lines):
The state shall be
given
20
days
advance notice of cancellation. If cancellation is due to
non-payment
of
premium,
the state shall be
given
10
days
advance notice of cancellation.
.
3. Identification.
Policy
must reference the states contract number and the
agency
name.
4. Insurance Carrier
Rating.
All insurance and bonds should be issued
by companies
admitted to
do business within the state of
Washington
and have a rating
of
-,
Class VII or better in the most
recently published
edition of Bests
Reports. Any exception
shall be reviewed and
approved by
[Agency Name]
Risk
Manager, or the Risk
Manager
for the state of
Washington,
before the
contract is
accepted or work
may begin.
If an insurer is not
admitted, all insurance
policies
and
procedures
for
issuing
the insurance
policies
must
comply
with
Chapter
48.15 RCW and 284-15
WAC
5. Excess
Coverage. By requiring
insurance
herein, the state does not
represent
that
coverage
and
limits will be
adequate
to
protect Contractor, and such
coverage
and limits shall not limit
Cohtractors
liability
under the indemnities and reimbursements
granted
to the state in this
contract.
Workers
Compensation Coverage
The Contractor will .at all times
comply
with all
applicable
workers
compensation, occupational
disease, and
occupational
health and
safety laws, statutes,
and
regulations
to the full extent
applicable.
The state will not be held
responsive
in
any way
for claims filed
by
the Contractor or their
employees
for services
performed
under the terms of this contract.
<AGENCY NAME> RFP No.
Page
11 of 19
00006248
3. PROPOSAL CONTENTS
l7 & Q i l ~ J } ) ; j
Proposals
must be wri tten i n
Engli sh
and submi tted on ei ght
and one-half
by
eleven i nch
(8
y," x
11")
paper
wi th tabs
separati ng
the
maj or
secti ons of the
proposal.
The four
maj or
secti ons of the
proposal are to be submi tted i n the order noted below:
1. Letter of
Submi ttal, i ncludi ng si gned
Certi fi cati ons and Assurances
(Exhi bi t
A to thi s
RFP)
2. Techni cal
Proposal
3.
Management Proposal; and,
4. Cost
Proposal
i ~ ~ :j "RQ ~ ( ~ R~ ! ? Q $ f.t:,$ "
Proposals
must be wri tten i n
Engli sh
and submi tted
electroni cally
to the RFP Coordi nator i n the order
noted below:
1. Letter of
Submi ttal, i ncludi ng si gned
Certi fi cati ons and Assurances
(Exhi bi t
A to thi s
RFP) ;
2. Techni cal
Proposal;
3.
Management Proposal; and,
4. Cost
Proposal.
Proposals
must
provi de
i nformati on i n the same order as
presented
i n thi s document wi th the same
headi ngs.
Thi s wi ll not
only
be
helpful
to the evaluators of the
proposal,
but should assi st the
Consultant i n
prepari ng a thorough response.
Items marked
"mandatory"
must be i ncluded as
part
of the
proposal
for the
proposal
to be consi dered
responsi ve, however,
these i tems are not scored. Items marked "scored" are those that are awarded
poi nts as part
of the evaluati on conducted
by
the evaluati on team.
3.1. LETTER OF SUBMITTAL
(MANDATORY)
The Letter of Submi ttal and the attached Certi fi cati ons and Assurances form
(Exhi bi t
A to thi s
RFP)
must be
si gned
and dated
by
a
person
authori zed to
legally
bi nd the Consultant to a contractual
relati onshi p, e.g.,
the Presi dent or Executi ve Di rector i f a
corporati on,
the
managi ng partner
i f a
partnershi p, or the
propri etor
i f a sole
propri etorshi p. Along
wi th
i ntroductory remarks,
the Letter of
Submi ttal i s to i nclude
by
attachment the
followi ng
i nformati on about the Consultant and
any proposed
subcontractors:
1.
Name, address, pri nci pal place
of
busi ness, telephone number, and fax number/e-mai l
address of
legal enti ty
or i ndi vi dual wi th whom contract would be wri tten.
2.
Name, address,
and
telephone
number of each
pri nci pal
offi cer
(Presi dent,
Vi ce
Presi dent,
Treasurer, Chai rperson
of the Board of
Di rectors, etc.)
3.
Legal
status of the Consultant
(sole propri etorshi p, partnershi p, corporati on, etc.)
and the
year
the
enti ty was organi zed
to do busi ness as the
enti ty now
substanti ally
exi sts.
4. Federal
Employer
Tax Identi fi cati on number or Soci al
Securi ty
number and the
Washi ngton
Uni form Busi ness Identi fi cati on
(UBI)
number i ssued
by
the state of
Washi ngton Department
of Revenue. If the Consultant does not have a UBI
number,
the Consultant must state that i t
<AGENCY NAME> RFP
No._ Page
12 of 19
00006249
w i l l become l i censed i n
Washi ngton
w i thi n
thi r ty (30)
cal endar
day s
of
bei ng
sel ected as the
Appar entl y
Successful Contr actor .
5. Locati on of the
faci l i ty
fr om w hi ch the Consul tant w oul d
oper ate.
6.
I denti fy any
state
empl oy ees or for mer state
empl oy ees empl oy ed or on the fi r ms
gover ni ng
boar d as of the date of the
pr oposal .
I ncl ude thei r
posi ti on
and
r esponsi bi l i ti es
w i thi n the
Consul tants
or gani zati on.
I f
fol l ow i ng a r evi ew of thi s
i nfor mati on, i t i s deter mi ned
by
the
AGENCYthat a confl i ct of i nter est
exi sts, the Consul tant
may
be
di sq ual i fi ed
fr om fur ther
consi der ati on for the aw ar d of a contr act.
3.2. TECHNI CAL PROPOSAL
(SCORED)
The Techni cal
Pr oposal
must contai n a
compr ehensi ve descr i pti on
of ser vi ces
i ncl udi ng
the
fol l ow i ng
el ements:
A.
Pr oject Appr oach/Methodol ogy
-I ncl ude a compl ete descr i pti on
of the Consul tants
pr oposed appr oach
and
methodol ogy
for the
pr oject.
Thi s secti on shoul d
convey
Consul tants
under standi ng
of the
pr oposed pr oject.
B. Wor k Pl an. I ncl ude al l
pr oject r eq ui r ements
and the
pr oposed tasks, ser vi ces, acti vi ti es, etc.
necessar y
to
accompl i sh
the
scope
of the
pr oject
defi ned i n thi s RFP. Thi s secti on of the
techni cal
pr oposal
must contai n suffi ci ent detai l to
convey
to member s of
thE; l
eval uati on team
the Consul tants
know l edge
of the
subjects
and ski l l s
necessar y
to
successful l y compl ete
the
pr oject.
I ncl ude
any r eq ui r ed
i nvol vement of AGENCYstaff. The Consul tant
may
al so
pr esent any
cr eati ve
appr oaches
that
mi ght
be
appr opr i ate
and
may pr ovi de any per ti nent
suppor ti ng
documentati on.
C.
Pr oject
Schedul e -I ncl ude a
pr oject
schedul e
i ndi cati ng
w hen the el ements of the w or k w i l l
be
compl eted. Pr oject
schedul e must ensur e that
any
del i ver abl es
r eq uested ar e met.
D. Outcomes and Per for mance Measur ement -Descr i be the
i mpacts/outcomes
the
Consul tants
pr opose
to achi eve as a r esul t of the
del i ver y
of these ser vi ces
i ncl udi ng
how
these outcomes w oul d be
moni tor ed,
measur ed and
r epor ted
to the state
agency .
E. Ri sks. The Consul tant must
i denti fy potenti al
r i sks that ar e consi der ed
si gni fi cant
to the
success of the
pr oject.
I ncl ude how the Consul tant w oul d
pr opose
to
effecti vel y
moni tor and
manage
these
r i sks, i ncl udi ng r epor ti ng
of r i sks to the AGENCYS contr act
manager .
F. Del i ver abl es -
Ful l y
descr i be del i ver abl es to be submi tted under the
pr oposed
contr act.
Del i ver abl es must
suppor t
the
r eq ui r ements
set for th i n Secti on
1.2, Objecti ves
and
Scope
of
Wor k.
3.3. MANAGEMENT PROPOSAL
A.
Pr oject Management (SCORED)
1.
Pr oject
Team Str uctur e/I nter nal Contr ol s -Pr ovi de a descr i pti on
of the
pr oposed
pr oject
team str uctur e and i nter nal contr ol s to be used
dur i ng
the cour se of the
pr oject,
i ncl udi ng any
subcontr actor s. Pr ovi de an or gani zati onal
char t of
y our
fi r m
i ndi cati ng
l i nes
of
author i ty
for
per sonnel
i nvol ved i n
per for mance
of thi s
potenti al
contr act and
r el ati onshi ps
of thi s staff to other
pr ogr ams
or functi ons of the fi r m. Thi s char t must al so
show l i nes of
author i ty
to the next seni or l evel of
management.
I ncl ude w ho w i thi n the
fi r m w i l l have
pr i me r esponsi bi l i ty
and fi nal
author i ty
for the w or k.
<AGENCYNAME> RFP
No._ Page
13 of 19
00006250
2. Staff
Qualifications/Experience
-
I d entify staff, includ ing subcontractors,
who will be
assigned
to the
potential contract, ind icating
the
responsibilities
and
qualifications
of such
personnel,
and includ e the amount of time each will be
assigned
to the
project.
Provid e
resumes for the named
staff, which includ e information on the ind ivid uals
particular
skills
related to this
project, ed ucation, experience, significant accomplishments
and
any
other
pertinent
information. The Consultant must commit that staff id entified in its
proposal
will
actually perform
the
assigned
work.
Any
staff substitution must have the
prior approval
of
the AGENCY.
B.
Experience
of the Consultant
(SCORED)
1. I nd icate the
experience
the Consultant and
any
subcontractors have in the
following areas
associated with
a.
b.
c.
2. I nd icate other relevant
experience
that ind icates the
qualifications
of the
Consultant, and
any subcontractors,
for the
performance
of the
potential
contract.
3. I nclud e a list of contracts the Consultant has had
d uring
the last five
y ears
that relate to
the Consultants
ability
to
perform
the services need ed und er this RFP. Ust contract
reference
numbers, contract
period
of
performance,
contact
persons, telephone numbers,
and fax numbers/e-mail ad d resses.
C. Related I nformation
(MANDATORY)
1. I f the Consultant or
any
subcontractor contracted with the state of
Washington d uring
the
past
24
months,
ind icate the name of the
agency ,
the contract number and
project
d escription
and /or other information available to
id entify
the contract.

2. I f the Consultants staff or subcontractors staff was an
employ ee
of the state of
Washington d uring
the
past
24
months, or is
currently a Washington
State
employ ee,
id entify
the ind ivid ual
by name,
the
agency previously
or
currently employ ed by , job
title or
position
held and
separation
d ate.
3. I f the Consultant has had a contract terminated for d efault in the last five
y ears,
d escribe
such incid ent. Termination for d efault is d efined as notice to
stop performance
d ue to the
Consultants
non-performance or
poor performance
and the issue of
performance was
either
(a)
not
litigated
d ue to inaction on the
part
of the
Proposer, or
(b) litigated
and such
litigation
d etermined that the
Proposer was in d efault.
4. Submit full d etails of the terms for d efault
includ ing
the other
party s name, ad d ress, and
phone
number. Present the Consultants
position on the matter. The AGENCY will
evaluate the facts and
may ,
at its sole
d iscretion, reject
the
proposal on the
ground s
of the
past experience.
I f no such termination for d efault has been
experienced by
the
Consultant in the
past
five
y ears,
so ind icate.
D. References
(MANDATORY)
Ust
names, ad d resses, telephone numbers, and fax numbers/e-mail ad d resses of three
(3)
business references for the Consultant and three
(3)
business references for the lead staff
person
for whom work has been
accomplished
and
briefly
d escribe the
ty pe
of service
provid ed .
Do not includ e current AGENCY staff as references.
By submitting
a
proposal
in
response
to this Work
Request,
the vend or and team members
grant permission
to AGENCY
to contact these references and
others,
who from AGENCYs
perspective, may
have
pertinent
<AGENCY NAME> RFP No.
Page
14 of 19
00006251
information. AGENCY
mayor may not, at AGENCYs
discretion,
contact references. The
AGENCY
may
evaluate references at the AGENCYS discretion.
E. OMWBE Certification
(OPTIONAL
AND NOT
SCORED)
Include
proof
of certification issued
by
the
Washington
State Office of
Minority
and Womens
Business
Enterprises (OMWBE)
if certified
minority-owned
firm and/or women-owned
firm(s)
will be
participating on this
proj ect.
For information:
hUp:/Iwww.omwbe.wa.gov.
3.4. COST PROPOSAL
The maximum fee for this contract must be~"
considered
responsive
to this RFP.
!iDlE;;;
""
Dollars
(negotiable)
or less to be
tion
l:)" .P..
"
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to .the Consultant of
least
cost,
but rather to the Consultant whose
proposal
best meets the
requirements
of this RFP.
However,
Consultants are
encouraged
to submit
proposals
which are consistent with state
government
efforts to conserve state resources.
A. Identification of Costs
(SCORED)
Identify
all costs in U.S. dollars
including expenses
to be
charged
for
performing
the services
necessary
to
accomplish
the
obj ectives
of the contract. The Consultant is to submit a fully
detailed
budget including
staff costs and
any expenses necessary
to
accomplish
the tasks and to
produce
the deliverables under the contract. Consultants are
required
to collect and
pay
Washington
state sales and use taxes, as
applicable.
Costs for subcontractors are to be broken out
separately.
Please note if
any
subcontractors are
certified
by
the Office of
Minority
and Womens Business
Enterprises.
B.
Computation
The score for the cost
proposal
will be
computed by dividing
the lowest cost bid received
by
the
Consultants total cost. Then the resultant number will be
multiplied by
the maximum
possible
points
for the cost section.
<AGENCY NAME> RFP No.
Page
15 of 19
00006252
4. EVALUATION AND CONTRACT AWARD
4.1. EVALUATION PROCEDURE
Responsive proposals
will be evaluated
stric tly
in ac c ordanc e with the
requirements
stated in this
solic itation and
any
addenda issued. The evaluation of
proposals
shall be
ac c omplished by an
evaluation
team(s),
to be
designated by
the
AGENCY,
whic h will determine the
ranking
of the
proposals.
AGENCY,
at its sole
disc retion,
may
elec t to selec t the
top-sc oring
firms as finalists for an oral
presentation.
The RFP Coordinator
may
c ontac t the Consultant for c larific ation of
any portion
of the Consultants
proposal.
4.2. EVALUATION WEIGHTING AND SCORING
The
following weighting
and
points
will be
assigned
to the
proposal
for evaluation
purposes:
Tec hnic al
Proposal
-
_
%
_points
Projec t Approac h/Methodology
Quality
of Work Plan
Projec t
Sc hedule
Projec t
Deliverables
_
points (maximum)
_
points (maximum)
_
points (maximum)
_
points (maximum)
Management Proposal
-
_0/0
_points
Projec t
Team Struc ture and
Internal Controls
Staff
Qualific ations/Experienc e
Experienc e
of the Consultant
_
points (maximum)
_
points (maximum)
_
points (maximum)
Cost
Proposal
-
_0/0
_
points
TOTAL
POINTS
NOTE:
Sc oring may
be done in a
variety
of
way s,
but the RFP
language
must
c lear/y
and
c onsistently
state whic h
approac h
is
being
used.
AGENCY reserves the
right
to award the c ontrac t to the Consultant whose
proposal
is deemed to be
in the best interest of the AGENCY and the state of
Washington.
4.3. ORAL PRESENTATIONS MAY BE REQUIRED
The AGENCY
may
after
evaluating
the written
proposals
elec t to sc hedule oral
presentations
of the
finalists. Should oral
presentations
bec ome
nec essary ,
the AGENCY will c ontac t the
top-sc oring
firm(s)
from the written evaluation to sc hedule a date, time and loc ation. Commitments made
by
the
Consultant at the oral
interview,
if
any ,
will be c onsidered
binding.
The oral
presentation
will determine the
apparent
suc c essful c ontrac tor. OR
The sc ores from the written evaluation and the oral
presentation
c ombined
together
will determine the
apparent
suc c essful c ontrac tor.
<AGENCY NAME> RFP
No._
Page
16 of 19
00006253
4.4. NOTIFICATION TO PROPOSERS
The AGENCY w i l l
n o t i f y
t he
Apparen t l y
Successf ul Co n t ract o r o f t hei r sel ect i o n i n
w ri t i n g upo n
co mpl et i o n
o f t he eval uat i o n
pro cess.
In di vi dual s o r f i rms w ho se
pro po sal s w ere n o t sel ect ed f o r
f urt her
n eg o t i at i o n o r aw ard w i l l be n o t i f i ed
separat el y by e-mai l
o r f acsi mi l e.
4.5. DEBRIEFING OF UNSUCCESSFUL PROPOSERS
An y
Co n sul t an t w ho has subm i t t ed a
pro po sal
an d been n o t i f i ed t hat
t hey w ere n o t sel ect ed f o r
co n t ract aw ard
may request a
debri ef i n g .
The
request
f o r a
debri ef i n g
co n f eren ce must be recei ved
by
t he RFP Co o rdi n at o r w i t hi n t hree
(3)
busi n ess
day s
af t er t he Un successf ul Co n sul t an t No t i f i cat i o n
i s e-mai l ed o r f axed t o t he Co n sul t an t .
Debri ef i n g request s
must be recei ved
by
t he RFP Co o rdi n at o r
n o l at er t han 5:00
PM,
l o cal
t i me, i n
Ol y mpi a, Washi n g t o n o n t he t hi rd busi n ess
day f o l l o w i n g
t he
t ran smi t t al o f t he Un successf ul Co n sul t an t No t i f i cat i o n . The
debri ef i n g
must be hel d w i t hi n t hree
(3)
busi n ess
day s
o f t he
request .
Di scussi o n at t he
debri ef i n g
co n f eren ce w i l l be l i mi t ed t o t he
f o l l o w i n g :
. Eval uat i o n an d
sco ri n g
o f t he f i rms
pro po sal ;
.
Cri t i que
o f t he
pro po sal
based o n t he
eval uat i o n ;
. Revi ew o f
pro po sers
f i n al sco re i n
co mpari so n
w i t h o t her f i n al sco res w i t ho ut
i den t i f y i n g
t he
o t her f i rms.
Co m
pari so n s
bet w een
pro po sal s o r eval uat i o n s o f t he o t her
pro po sal s
w i l l n o t be al l o w ed.
Debri ef i n g
co n f eren ces
may
be co n duct ed i n
perso n
o r o n t he
t el epho n e
an d w i l l be schedul ed f o r a maxi mum o f
o n e ho ur.
.
4.6. PROTEST PROCEDURE
Pro t est s
may
be made
o n l y by
Co n sul t an t s w ho submi t t ed a
respo n se
t o t hi s so l i ci t at i o n do cumen t
an d w ho have
part i ci pat ed
i n a
debri ef i n g
co n f eren ce.
Upo n co mpl et i n g
t he
debri ef i n g co n f eren ce,
t he Co n sul t an t i s al l o w ed t hree
(3)
busi n ess
day s
t o f i l e a pro t est
o f t he
acqui si t i o n
w i t h t he RFP
Co o rdi n at o r. Pro t est s must be recei ved
by
t he RFP Co o rdi n at o r n o l at er t han 4:30
PM, l o cal
t i me,
i n
1 1 $ ~ rj ;~ (} J l ~ } Washi n g t o n o n t he t hi rd busi n ess
day f o l l o w i n g
t he
debri ef i n g .
Pro t est s
may
be
submi t t ed
by e-mai l o r f acsi mi l e,
but must t hen be f o l l o w ed
by
t he do cumen t w i t h an o ri g i n al si g n at ure.
Co n sul t an t s
pro t est i n g
t hi s
pro curemen t
shal l f o l l o w t he
pro cedures
descri bed bel o w . Pro t est s t hat do
n o t f o l l o w t hese
pro cedures
shal l n o t be co n si dered. Thi s
pro t est pro cedure
co n st i t ut es t he so l e
admi n i st rat i ve
remedy
avai l abl e t o Co n sul t an t s un der t hi s
pro curemen t .
Al l
pro t est s
must be i n
w ri t i n g ,
addressed t o t he RFP
Co o rdi n at o r, an d
si g n ed by
t he
pro t est i n g part y
o r an aut ho ri zed
Ag en t .
The
pro t est
must st at e t he RFP
n umber, t he
g ro un ds
f o r t he
pro t est
w i t h
speci f i c
f act s an d
co mpl et e
st at emen t s o f t he
act i o n (s) bei n g pro t est ed.
A
descri pt i o n
o f t he rel i ef o r
co rrect i ve act i o n
bei n g request ed
sho ul d al so be i n cl uded.
On l y pro t est s st i pul at i n g an i ssue o f f act
co n cern i n g
t he
f o l l o w i n g subj ect s
shal l be co n si dered:
. A mat t er o f
bi as,
di scri mi n at i o n o r co n f l i ct o f i n t erest o n t he
part
o f an eval uat o r;
. Erro rs i n
co mput i n g
t he
sco re;
.
No n -co mpl i an ce
w i t h
pro cedures
descri bed i n t he
pro curemen t
do cumen t o r AGENCY
po l i cy .
Pro t est s n o t based o n
pro cedural
mat t ers w i l l n o t be co n si dered. Pro t est s w i l l be
rej ect ed as w i t ho ut
meri t i f
t hey
address i ssues such as: 1 ) an eval uat o rs
pro f essi o n al j udg men t o n t he
qual i t y
o f a
pro po sal , o r
2)
AGENCYS assessmen t o f i t s o w n an d/o r o t her
ag en ci es
n eeds o r requi remen t s.
<AGENCY NAME> RFP No .
Pag e1 70f 1 9
00006254
Upon receipt
of a
protest,
a
protest
review will be held
by
the AGENCY. The AGENCY Director or an
employee delegated by
the Director who was not involved in the
procurement
will consider the record
and all available facts and issue a decision within five
(5)
business
days
of
receipt
of the
protest.
I f
additional time is
required,
the
protesting party
will be notified of the
delay.
I n the event a protest may
affect the interest of another Consultant that also submitted a
proposal,
such Consultant will be
given an
opportunity
to submit its views and
any
relevant information on the
protest
to the RFP Coordinator.
The final determination of the
protest
shall:
. Find the
protest lacking
in merit and
uphold
the AGENCYs action; or
. Find
only
technical or harmless errors in the AGENCYs
acquisition process
and determine
the AGENCY to be in substantial
compliance
and
reject
the
protest; or
. Find merit in the
protest
and
provide
the AGENCY
options
which
may
include:
--Correct the errors and re-evaluate all
proposals,
and/or
--Reissue the solicitation document and
begin a new
process,
or
--Make other
findings
and determine other courses of action as
appropriate.
I f the AGENCY determines that the
protest
is without
merit,
the AGENCY will enter into a contract with
the
apparently
successful contractor. I f the
protest
is determined to have
merit, one of the alternatives
noted in the
preceding paragraph
will be taken.
<AGENCY NAME> RFP
No._ Page
18 of 19
00006255
5. RFP EXHIBITS
Exhibit A
Exhibit B
Certifications and Assurances
Personal Service Contract Format
including
General Terms and Conditions
(GT&Cs)
<AGENCY NAME> RFP
Noo_ Page
19 of 19
00006256
EXHIBIT A
CERTIFICATIONS AND ASSURANCES
I/we make the
following
certifications and assurances as a required
element of the
proposal
to which it is
attached, understanding
that the truthfulness of the facts affirmed here and the
continuing compliance
with
these
requirements are conditions
precedent
to the award or continuation of the related contract:
1. I/we declare that all answers and statements made in the
proposal are true and correct.
2. The
prices
and/or cost data have been determined
independently,
without
consultation,
communication, or agreement
with others for the
purpose
of
restricting competition. However,
I/we
may freely j oin
with other
persons
or
organizations
for the
purpose
of
presenting a single proposal.
3. The attached
proposal
is a firm offer for a period
of 60
days following receipt,
and it
may
be
accepted
by
the AGENCY without further
negotiation (except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the
50-day period.
4. In
preparing
this
proposal,
I/we have not been assisted
by any
current or former
employee
of the state
of
Washington
whose duties relate
(or
did
relate)
to this
proposal or
prospective contract,
and who
was
assisting
in other than his or her
official, public capacity.
If there are
exceptions
to these
assurances,
I/we have described them in full detail on a
separate page
attached to this document.
5. I/we understand that the AGENCY will not reimburse me/us for
any
costs incurred in the
preparation
of this
proposal.
All
proposals
become the
property
of the
AGENCY,
and I/we claim no
proprietary
right
to the
ideas, writings, items, or samples,
unless so stated in this
proposal.
6. Unless otherwise
required by law,
the
prices
and/or cost data which have been submitted have not
been
knowingly
disclosed
by
the
Proposer
and will not
knowingly
be disclosed
by
him/her
prior
to
opening, directly
or
indirectly,
to
any
other
Proposer or to
any competitor.
7. I/we
agree
that submission of the attached
proposal
constitutes
acceptance
of the solicitation contents
and the attached
sample
contract and
general
terms and conditions. If there are
any exceptions
to
these
terms,
I/we have described those
exceptions
in detail on a
page
attached to this document.
8. No
attempt
has been made or will be made
by
the
Proposer
to induce
any
other
person
or firm to
submit or not to submit a proposal
for the
purpose
of
restricting competition.
9. I/we
grant
the AGENCY the
right
to contact references and
other,
who
may
have
pertinent
information
regarding
the
ability
of the Consultant and the lead staff
person
to
perform
the services
contemplated
by
this RFP.
10. If
any
staff
member(s)
who will
perform
work on this contract has retired from the State of
Washington
under the
provisions
of the 2008
Early
Retirement Factors
legislation,
his/her
name(s)
is noted on a
separately
attached
page.
We
(circle one)
are / are not
submitting proposed
Contract
exceptions. (See
Section
2.10, Contract and
General Terms and
Conditions.)
If Contract
exceptions
are
being submitted,
I/we have attached them to
this form.
On behalf of the
Consult~ ~ tsubll1ittin! j thi~ proposal,
my
name below attests to the
accuracy
of
the above statement. IJ Ilili{ iJ J t& fi fZ i:! l$ pl { ij e: We are
submittin! j
a scanned
si! j nature
of this
form with our
proposal.
Signature
of
Proposer
Title Date
Page
1 of 1
00006257
EXHIBIT B
CONTRACT FOR SERVICES
BETWEEN
THE STATE OF WASHINGTON
IIDIltAG. NCYflAMJ: > J
AND
This Contract is made and entered into
by
and between the state of
Washington, I: Cj .! l~ r! rcl\ ,gg6 ( ) : ~ m~ ~ ,
hereinafter referred to as the
"AGENCY",
and the below named
firm,
hereinafter referred to as
"CONTRACTOR,"
2370
Margery
SI.
_D! Ilij Qt ggBi~ 7( 5 l
Phone: 5 03-6 5 7-3002 Cell: 971-6 45 746 5
Email:
Tpendress@comcasl.net
Federal ID No.:
WA State UBI No.:
PURPOSE
The
purpose
of this contract is to Place a bid on RFP K430. I wish to assist the State of
Washington
in the
legaliz ation
of
Marij uana.
SCOPE OF WORK
The CONTRACTOR will
provide services, and otherwise do all
things necessary
for or incidental to the
performance
of
work, as set forth below:
Option
1:
Identify
all tasks, work elements and
obj ectives
of the
contract,
and timetables
by
which
maj or parts
of the work are to be
completed.
The
scope
of work
may
be included within the text of the
contract or attached as a separate
exhibit as shown in
Option
2 below.
Option
2: as included in the CONTRACTORs
Proposal
dated
B, and the AGENCYS
Request
for
Proposals
attached as Exhibit C.
attached as Exhibit
Exhibit A contains the General Terms and Conditions
governing
work to be
performed
under this
contract,
the nature of the
working relationship
between the AGENCY and the
CONTRACTOR,
and
specific
obligations
of both
parties.
The CONTRACTOR shall
produce
the
following
written
reports or other written documents
( deliverables)
by
the dates indicated below:
Contract No.
Page
1 of 12
00006258
All written
reports required
under this contract must be delivered to
Manager,
in accordance with the schedule above.
,
the Contract
PERIOD OF PERFORMANCE
Subject
to other contract
provisions,
the
period
of
performance
under this
or date of execution, whichever is
later, through _12-31-2013
sooner terminated or extended as
provided
herein.
contract will be from
,
unless
COMPENSATION AND PAYMENT
AGENCY shall
pay
an amount not to exceed
_negotiable_
Dollars
($ )
for the
performance
of all
things necessary
for or incidental to the
p.erformance
of work as set forth in the
Scope
of Work.
CONTRACTORS
compensation
for services rendered shall be based on the
following
rates or in
accordance with the
following
terms:
Expenses:
CONTRACTOR shall receive reimbursement for travel and other
expenses
as identified
below or as authorized in advance
by
the AGENCY as reimbursable. The maximum amount to be
paid
to
the CONTRACTOR for authorized
expenses
shall not exceed $
,
which amount is included in
the contract total above. Such
expenses may
include: airfare
(economy
or coach class
only),
other
transportation expenses,
and
lodging
and subsistence
necessary during periods
of
required
travel.
CONTRACTOR shall receive
compensation
for travel
expenses
at current state travel reimbursement
rates.
BILLING PROCEDURES AND PAYMENT
AGENCY will
pay
CONTRACTOR
upon receipt
of
properly completed invoices, which shall be submitted
to the Contract
Manager
not more often than
monthly.
The invoices shall describe and document to the
AGENCYS satisfaction a
description
of the work
performed,
the
progress
of the
project,
and fees. To
receive
reimbursement,
CONTRACTOR must
provide a detailed breakdown of authorized
expenses,
identifying
what was
expended
and when. A
receipt
must
accompany any single expenses
in the amount
of $50.00 or more in order to receive reimbursement.
Payment
shall be considered
timely
if made
by
the AGENCY within
thirty (30) days
after
receipt
of
properly
completed
invoices.
Payment
shall be sent to the address
designated by
the CONTRACTOR.
The AGENCY
may,
in its sole
discretion,
terminate the contract or withhold
payments
claimed
by
the
CONTRACTOR for services rendered if the CONTRACTOR fails to
satisfactorily comply
with
any
term or
condition of this contract.
No
payments
in advance or in
anticipation
of services or
supplies
to be
provided
under this contract shall
be made
by
the AGENCY.
Contract No.
Page
2 of 12
00006259
CONTRACT MANAGEMENT
The Contract
Manager
for each of the
parties
shall be the contact
person
for all communications and
billings regarding
the
performance
of this Contract.
CONTRACTOR Contract
Manager
AGENCY Contract
Manager
Enter Name of CONTRACTOR
ilmQ1TRAQTQR ddress
Enter
City ,
State &
Zip
Code
Enter Name of AGENCY
Enter
City ,
State &
Zip
Code
Phone:
Fax:
Email address:
Phone:
Fax:
Email address:
INSURANCE
_In/ ~ ( fe; If
ppll l:i[ ej
The CONTRACTOR shall
provide
insurance
coverage
as set out in this section
( or as set forth in the
Request
for
Proposals
No.
_).
The intent of the
required
insurance is to
protect
the state should there
be
any claims, suits, actions, costs, damages or
expenses arising
from
any negligent or intentional act or
omission of the CONTRACTOR or subcontract, or
agents
of
either, while
performing
under the terms of
this contract.
The CONTRACTOR shall
provide
insurance
coverage
which shall be maintained in full force and effect
during
the term of this
Contract, as follows:
1. Commercial General
L iability
Insurance
Policy
-Provide a Commercial General
L iability
Insurance
Policy , including
contractual
liability ,
in
adequate quantity
to
protect against legal liability arising
out of
contract
activity
but no less than $1, 000, 000
per
occurrence.
Additionally ,
the CONTRACTOR is
responsible
for
ensuring
that
any
subcontractors
provide adequate
insurance
coverage
for the
activities
arising
out of subcontracts.
2. Automobile
L iability
-In the event that services delivered
pursuant
to this contract involve the use of
vehicles,
either owned or unowned
by
the
CONTRACTOR,
automobile
liability
insurance shall be
required.
The minimum limit for automobile
liability
is:
$1, 000, 000
per occurrence, using a Combined
Single
L imit for
bodily inj ury
and
property damage
3. The insurance
required
shall be issued
by an insurance
company / ies
authorized to do business within
the state of
Washington,
and shall name the state of
Washington,
its
agents
and
employ ees as
additional insureds under the insurance
policy / ies.
All
policies
shall be
primary
to
any
other valid and
collectable insurance. CONTRACTOR shall instruct the insurers to
give
AGENCY 30
day s
advance
notice of
any
insurance cancellation.
CONTRACTOR shall submit to AGENCY within fifteen
day s
of the contract effective date, a certificate of
insurance which outlines the
coverage
and limits defined in the Insurance section. CONTRACTOR shall
submit renewal certificates as appropriate during
the term of the contract.
ASSURANCES
Contract No.
Page
3 of 12
00006260
AGENCY and the CONTRACTOR
agree
that al l
ac ti v i ty pursuant
to thi s c ontrac t w i l l be i n ac c ordanc e
w i th al l the
appl i c abl e
c urrent
federal ,
state and l oc al l aw s, rul es,
and
regul ati ons.
ORDER OF PRECEDENCE
Eac h of the exhi bi ts l i sted bel ow i s
by
thi s referenc e
hereby i nc orporated
i nto thi s c ontrac t. In the ev ent of
an i nc onsi stenc y
i n thi s
c ontrac t,
the
i nc onsi stenc y
shal l be resol v ed
by gi v i ng prec edenc e
i n the
fol l ow i ng
order:
.
Appl i c abl e
federal and state of
Washi ngton
statutes and
regul ati ons
.
Spec i al
Terms and Condi ti ons as c ontai ned i n thi s basi c c ontrac t i nstrument
. Exhi bi t A -General Terms and Condi ti ons
. Exhi bi t B -
Request
for
Proposal s
No.
_
. Exhi bi t C -Contrac tors
Proposal
dated
.
Any
other
prov i si on,
term or materi al
i nc orporated
herei n
by
referenc e or otherw i se
i nc orporated
ENTIRE AGREEMENT
Thi s c ontrac t
i nc l udi ng
referenc ed exhi bi ts
represents
al l the terms and c ondi ti ons
agreed upon by
the
parti es.
No other statements or
representati ons,
w ri tten or oral ,
shal l be deemed a part
hereof.
CONFORMANCE
If
any prov i si on
of thi s c ontrac t v i ol ates
any
statute or rul e of l aw of the state of
Washi ngton,
i t i s
c onsi dered modi fi ed to c onform to that statute or rul e of l aw .
APPROVAL
Thi s c ontrac t shal l be
subjec t
to the w ri tten
approv al
of the AGENCYS authori zed
representati v e
and shal l
not be
bi ndi ng
unti l so
approv ed.
The c ontrac t
may
be
al tered, amended, or w ai v ed
onl y by a w ri tten
amendment exec uted
by
both
parti es.
THIS
CONTRACT, c onsi sti ng
of
pages
and
attac hment(s),
i s exec uted
by
the
persons si gni ng
bel ow w ho w arrant that
they
hav e the
authori ty tQ exec ute the c ontrac t.
l \ s} " " ~ Al Il ! T
RSN
MEI
SW(i ! ! t\ ! ~ ~ _,...___
.__..._..._.__......___..-._.__.__._...-.__.,......
Ul GENCV
N ME
Si gnature Si gnature
Ti tl e Date Ti tl e Date
Contrac t No.
Page
4 of 12
00006261
EXHIBIT A
GENERAL TERMS AND CONDITIONS
DEFINITIONS -As used
throughout
this
contract,
the
following
terms shall have the
meaning
set forth
below:
A.
"Agency"
shall mean the IIIl1 ! l ~ ! 1 1 gtf Y ! lfW i ~ i> ,i of the state of
W ashington, any
division, section,
office,
unit or other
entity
of the
Agency, or
any
of the officers or other officials
lawfully representing
that
Agency.
B.
"Agent"
shall mean the
Director,
and/or the
delegate
authorized in
writing
to act on the Director s
behalf.
C. "Contractor" shall mean that
firm, provider, organization,
individual or other
entity performing
service(s)
under this contract, and shall include all
employees
of the Contractor.
C. "Subcontractor" shall mean one not in the
employment
of the
Contractor,
who is
performing
all or
part
of those services under this contract under a separate
contract with the Contractor. The terms
"Subcontractor" and "Subcontractors" means
Subcontractor(s)
in
any
tier.
D. "Personal Information" means information identifiable to
any person, including,
but not limited
to,
information that relates to a
person s name, health, finances, education, business, use or receipt
of
governmental
services or other
activities, addresses, telephone numbers, social
security numbers,
driver license
numbers,
other
identifying numbers,
and
any
financial identifiers. Personal Information
includes "Protected Health Information" as set forth in 45 CFR
t,
1 64.50 as
currently
drafted and
subsequently
amended or revised and other information that
may
be
exempt
from disclosure to the
public
or other unauthorized
persons
under either Chapter 42.1 7 RCW or other state and federal
statutes.
ACCESS TO DATA -In
compliance
with RCW
39.29.080,
the Contractor shall
provide access to data
generated
under this contract to
AGENCY ,
the Joint
Legislative
Audit and Review
Committee,
and the
state auditor at no additional cost. This includes access to all information that
supports
the
findings,
.
conclusions,
and recommendations of the Contractor s
reports, including computer
models and
methodology
for those models.
Contractor
agrees
to make
personal
information covered under this
agreement
available to
Agency
for
inspection or to amend the
personal
information. Contractor shall, as directed
by Agency, incorporate any
amendments to the
personal
information into all
copies
of such
personal
information maintained
by
the
Contractor or its subcontractors.
ADVANCE PAY MENTS PROHIBITED -No
payments
in advance of or in
anticipation
of
goods or services
to be
provided
under this contract shall be made
by
the
Agency.
AMENDMENTS -This contract
may
be amended
by
mutual
agreement
of the
parties.
Such amendments
shall not be
binding
unless
they are in
writing
and
signed by personnel
authorized to bind each of the
parties.
AMERICANS W ITH DISABILITIES ACT (ADA) OF
1 990,
PUBLIC LAW
1 01 -336,
also referred to as the
"ADA" 28 CFR Part 35 -The Contractor must
comply
with the
ADA, which
provides comprehensive
civil
rights protection
to individuals with disabilities in the areas of
employment, public accommodations, state
and local
government services, and telecommunications.
ASSIGNMENT -Neither this Contract, nor
any
claim
arising
under this
Contract,
shall be transferred or
assigned by
the Contractor without
prior
written consent of the
Agency.
ATTORNEY S FEES -In the event of
litigation or other action
brought
to enforce contract
terms, each
party agrees
to bear its own attorneys
fees and costs.
Contract No.
Page
5 of 1 2
00006262
CONFIDENTIALITY / SAFEGUARDING OF INFORMATION -The Contractor shall not use or disclose
any
information
concerning
the
Agency, or information which
may
be classified as confidential,
for
any
purpose
not
directly
connected with the administration of this
contract, except
with
prior
written consent of
the
Agency, or as
may
be
required by
law.
CONFLICT OF INTEREST -
Notwithstanding any
determination
by
the Executive Ethics Board or other
tribunal,
the
Agency may,
in its sole
discretion, by
written notice to the Contractor terminate this contract if
it is found after due notice and examination
by
the
Agent
that there is a violation of the Ethics in Public
Service
Act, Chapter
42.52
RCW; or
any
similar statute
involving
the Contractor in the
procurement of, or
performance
under this contract.
In the event this contract is terminated as provided above,
the
Agency
shall be entitled to
pursue
the same
remedies
against
the Contractor as it could
pursue
in the event of a breach of the contract
by
the
Contractor. The
rights
and remedies of the
Agency provided
for in this clause shall not be exclusive and
are in addition to
any
other
rights
and remedies
provided by
law. The existence of facts
upon
which the
Agent
makes
any
determination under this clause shall be an issue and
may
be reviewed as provided
in
the
"Disputes"
clause of this contract.
COPYRIGHT PROVISIONS -Unless otherwise
provided,
all Materials
produced
under this contract shall
be considered "works for hire" as defined
by
the U.S.
Copyright
Act and shall be owned
by
the
Agency.
The
Agency
shall be considered the author of such Materials. In the event the Materials are not
considered "works for hire" under the U.S.
Copyright laws,
Contractor
hereby irrevocably assigns
all
right,
title,
and interest in
Materials, including
all intellectual
property rights,
to the
Agency
effective from the
moment of creation of such Materials.
Materials means all items in
any
format and
includes, but is not limited
to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or
sound
reproductions. Ownership
includes the
right
to
copyright, patent, register
and the
ability
to transfer
these
rights.
For Materials that are delivered under the
contract,
but that
incorporate pre-existing
materials not
produced
under the
contract,
Contractor
hereby grants
to the
Agency
a nonexclusive, royalty-free,
irrevocable license
(with rights
to sublicense
others)
in such Materials to
translate, reproduce, distribute,
prepare
derivative
works, publicly perform,
and
publicly display.
The Contractor warrants and
represents
that Contractor has all
rights
and
permissions, including
intellectual
property rights,
moral
rights
and
rights
of
publicity, necessary
to
grant
such a license to the
Agency.
The Contractor shall exert all reasonable effort to advise the
Agency,
at the time of
delivery
of Materials
furnished under this
contract,
of all known or
potential
invasions of
privacy
contained therein and of
any
portion
of such document which was not
produced
in the
performance
of this contract. The
Agency
shall
receive
prompt
written notice of each notice or claim of
infringement
received
by
the Contractor with
respect
to
any
data delivered under this contract. The
Agency
shall have the
right
to
modify or remove
any
restrictive
markings placed upon
the data
by
the Contractor.
COVENANT AGAINST CONTINGENT FEES -The Contractor warrants that no
person
or
selling agent
has been
employed or retained to solicit or secure this contract
upon
an
agreement or
understanding
for a
commission, percentage, brokerage or contingent fee, excepting
bona fide
employees or bona fide
established
agents
maintained
by
the Contractor for the
purpose
of
securing
business. The
Agency
shall
have the
right,
in the event of breach of this clause
by
the
Contractor,
to annul this contract without
liability
or,
in its
discretion,
to deduct from the contract
price or consideration or recover by
other means the full
amount of such
commission, percentage, brokerage or contingent
fee.
DISPUTES -
Except as otherwise
provided
in this
contract,
when a
dispute
arises between the
parties
and
it cannot be resolved
by
direct
negotiation,
either
party may request
a
dispute hearing
with
Agent.
Contract No.
Page
6 of 12
00006263
1. The
request
for a
dispute hearing
must:
. Be in
w riting;
. State the
disputed issue(s);
. State the relative
positions
of the
parties;
. State the contractors
name, address, and contract
number;
and
. Be mailed to the
agent
and the other
party s (respondents)
contract
manager
w ithin 3
w orking
day s
after the
parties agree
that
they
cannot resolve the
dispute.
2. The
respondent
shall send a w ritten answ er to the
requesters
statement to both the
agent
and the
requester
w ithin 5
w orking day s.
3. The
Agent
shall review the w ritten statements and
reply
in
w riting
to both
parties
w ithin 10
w orking
day s.
The
Agent may
extend this
period
if
necessary by notify ing
the
parties.
4. The
parties agree
that this
dispute process
shall
precede any
action in a
j udicial or
quasi- j udicial
tribunal.
Nothing
in this Contract shall be construed to limit the
parties
choice of a mutually acceptable
ADR
method in addition to the
dispute
resolution
procedure
outlined above.
GOVERNING LAW - This contract shall be construed and
interpreted
in accordance w ith the law s of the
state of
Washington,
and the venue of
any
action
brought
hereunder shall be in the
Superior
Court for
Thurston
County .
INDEMNIFICATION - To the fullest extent
permitted by law ,
Contractor shall
indemnify , defend,
and hold
harmless
state, agencies
of state and all
officials, agents
and
employ ees
of
state,
from and
against
all
claims for
inj uries or death
arising
out of or resulting
from the
performance
of the Contract. Contractors
obligation
to
indemnify , defend,
and hold harmless includes
any
claim
by
Contractors
agents, employ ees,
representatives, or
any
subcontractor or its
employ ees.
Contractor
expressly agrees
to
indemnify , defend,
and hold harmless the state for
any
claim
arising
out of
or incident to Contractors or
any
subcontractors
performance or failure to
perform
the Contract.
Contractors
obligation
to
indemnify , defend, and hold harmless the state shall not be eliminated or
reduced
by any
actual or alleged
concurrent
negligence
of state or its
agents, agencies, employ ees
and
officials.
Contractor w aives its
immunity
under Title 51 RCW to the extent it is
required
to
indemnify ,
defend and
hold harmless state and its
agencies, officials, agents or
employ ees.
INDEPENDENT CAPACITY OF THE CONTRACTOR - The
parties
intend that an independent
contractor
relationship
w ill be created
by
this contract. The Contractor and his or her em ploy ees or
agents
performing
under this contract are not
employ ees or
agents
of the
Agency .
The Contractor w ill not hold
himself/herself out as or claim to be an officer or
employ ee
of the
Agency
or of the state of
Washington by
reason hereof, nor w ill the Contractor make
any
claim of
right, privilege or benefit w hich w ould accrue to
such
employ ee
under law . Conduct and control of the w ork w ill be
solely
w ith the Contractor.
INDUSTRIAL INSURANCE COVERAGE - The Contractor shall
comply
w ith the
provisions
of Title 51
RCW, Industrial Insurance. If the Contractor fails to
provide
industrial insurance
coverage
or fails to
pay
premiums or penalties on behalf of its
employ ees as
may
be
required by law , Agency may
collect from the
Contractor the full amount
pay able
to the Industrial Insurance accident fund. The
Agency may
deduct the
amount ow ed
by
the Contractor to the accident fund from the amount
pay able
to the Contractor
by
the
Agency
under this
contract, and transmit the deducted amount to the
Department
of Labor and
Industries,
(L&I)
Division of Insurance Services. This
provision
does not w aive
any
of L&ls
rights
to collect from the
Contractor.
LICENSING, ACCREDITATION AND REGISTRATION - The Contractor shall
comply
w ith all
applicable
local, state,
and federal
licensing,
accreditation and
registration requirements/standards, necessary
for the
performance
of this contract.
Contract No.
Page
7 of 12
00006264
LIMITATION OF AUTHORITY -
Only
the
Agent or Agents delegate by w ri ti ng (delegati on
to be made
p ri or
to
acti on)
shall have the
exp ress, i mp li ed, or
ap p arent au thori ty
to
alter, amend, modi fy, or w ai ve
any
clau se or condi ti on of thi s Contract.
Fu rthermore,
any alterati on, amendment, modi fi cati on, or w ai ver or
any
clau se or condi ti on of thi s contract i s not effecti ve or
bi ndi ng
u nless made i n
w ri ti ng
and
si gned by
the
Agent.
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS -In the event of the Contractors non-
comp li ance or refu sal to
comp ly
w i th
any
nondi scri mi nati on
law , regu lati on, or
p oli cy,
thi s contract
may
be
resci nded, canceled or termi nated i n w hole or i n
p art,
and the Contractor
may
be declared
i neli gi ble
for
fu rther contracts w i th the
Agency.
The Contractor
shall, how ever,
be
gi ven a reasonable ti me i n w hi ch to
cu re thi s
noncomp li ance. Any di sp u te may
be resolved i n accordance w i th the
"Di sp u tes" p rocedu re set
forth herei n.
NONDISCRIMINATION -
Du ri ng
the
p erformance
of thi s
contract, the Contractor shall
comp ly
w i th all
federal and state nondi scri mi nati on
law s, regu lati ons
and
p oli ci es.
OVERPAYMENTS AND ASSERTION OF LIEN -In the event that the
Agency
establi shes
overp ayments
or erroneou s
p ayments
made to the Contractor u nder thi s
contract, the
Agency may
secu re
rep ayment,
p lu s i nterest,
i f
any, throu gh
the
fi li ng
of a li en
agai nst
the Contractors real
p rop erty or by requ i ri ng
the
p osti ng
of a bond, assi gnment
of
dep osi t or some other form of
secu ri ty accep table
to the
Agency
or
by
doi ng
both.
PRIVACY -Personal i nformati on
collected,
u sed or
acqu i red
i n connecti on w i th thi s contract shall be u sed
solely
for the
p u rp oses
of thi s contract. Contractor and i ts su bcontractors
agree
not to
release, di vu lge,
p u bli sh, transfer,
sell or otherw i se make know n to u nau thori zed
p ersons p ersonal
i nformati on w i thou t the
exp ress
w ri tten consent of the
Agency
or as
p rovi ded by
law . Contractor
agrees
to
i mp lement p hysi cal,
electroni c and
manageri al safegu ards
to
p revent
u nau thori zed access to
p ersonal
i nformati on.
The
Agency reserves the
ri ghts
to
moni tor, au di t or i nvesti gate
the u se of
p ersonal
i nformati on
collected,
u sed or
acqu i red by
the contractor
throu gh
thi s contract. The
moni tori ng, au di ti ng or
i nvesti gati ng may
i nclu de bu t i s not li mi ted to
"salti ng" by
the
Agency.
Contractor shall
certi fy
the retu rn or destru cti on of all
p ersonal
i nformati on
u p on exp i rati on
of thi s contract.
Salti ng
i s the act of
p laci ng a record
contai ni ng
u ni qu e
bu t false i nformati on i n a database that can be u sed later to
i denti fy i nap p rop ri ate
di sclosu re of
data contai ned i n the database.
Any
breach of thi s
p rovi si on may
resu lt i n termi nati on of the contract and the demand for retu rn of all
p ersonal
i nformati on. The Contractor
agrees
to
i ndemni fy
and hold harmless the
Agency
for
any
damages
related to the Contractors u nau thori zed u se of
p ersonal
i nformati on.
PUBLICITY -The Contractor
agrees
to su bmi t to the
Agency
all
adverti si ng
and
p u bli ci ty
matters
relati ng
to thi s Contract w herei n the
Agencys name i s menti oned or langu age
u sed from w hi ch the connecti on of
the
Agencys
name
may,
i n the
Agencys ju dgment,
be i nferred or i mp li ed.
The Contractor
agrees
not to
p u bli sh or u se su ch
adverti si ng
and
p u bli ci ty
matters w i thou t the
p ri or
w ri tten consent of the
Agency.
RECORDS MAINTENANCE -The Contractor shall mai ntai n
books, records, docu ments, data and other
evi dence
relati ng
to thi s Contract and
p erformance
of the servi ces descri bed
herei n, i nclu di ng
bu t not
li mi ted to
accou nti ng p rocedu res
and
p racti ces
w hi ch
su ffi ci ently
and
p rop erly
reflect all di rect and i ndi rect
costs of
any
natu re
exp ended
i n the
p erformance
of thi s Contract. Contractor shall retai n su ch records for
a p eri od
of si x
years follow i ng
the date of fi nal
p ayment.
At no addi ti onal
cost,
these
records, i nclu di ng
materi als
generated
u nder the
Contract, shall be
su bject
at all reasonable ti mes to
i nsp ecti on,
revi ew or
au di t
by
the
Agency, p ersonnel du ly
au thori zed
by
the
Agency,
the Offi ce of the State
Au di tor, and federal
and state offi ci als so au thori zed
by law , regu lati on or
agreement.
If
any li ti gati on,
clai m or au di t i s started before the
exp i rati on
of the si x
(6) year p eri od,
the records shall be
retai ned u nti l all
li ti gati on, clai ms, or au di t
fi ndi ngs i nvolvi ng
the records have been resolved.
Contract No.
Page
8 of 12
00006265
REGISTRATION WITH DEPARTMENT OF REVENUE -The Contractor shall
complete reg i strati on
wi th
the
Washi ng ton
State
Department
of Revenue and be
responsi ble
for
payment
of all taxes due on
payments
made under thi s contract.
RIGHT OF INSPECTION -The Contractor shall
provi de ri g ht
of access to i ts faci li ti es to the
Ag ency, or
any
of i ts
offi cers, or to
any
other authori zed
ag ent or offi ci al of the state of
Washi ng ton or the federal
g overnment,
at all reasonable
ti mes,
i n order to moni tor and evaluate
performance, compli ance,
and/or
q uali ty assurance under thi s contract.
The Contractor shall make avai lable i nformati on
necessary
for
Ag ency
to
comply
wi th the cli ents
ri g ht
to
access, amend,
and recei ve an accounti ng
of di sclosures of thei r Personal Informati on
accordi ng
to the
Health Insurance
Portabi li ty
and
Accountabi li ty
Act of 1996
(HIPAA) or
any reg ulati ons
enacted or revi sed
pursuant
to the HIPAA
provi si ons
and
appli cable provi si ons
of
Washi ng ton
State law. The Contractors
i nternal
poli ci es
and
procedures, books, and records
relati ng
to the
safeg uardi ng , use,
and di sclosure of
Personal Informati on obtai ned or used as a result of thi s contract shall be made avai lable to
Ag ency
and
the U.S.
Secretary
of the
Department
of Health & Human
Servi ces, upon req uest.
SAFEGUARDING OF INFORMATION -The Contractor shall not use or di sclose Personal Informati on i n
any
manner that would consti tute a vi olati on of federal
law, the Health Insurance
Portabi li ty
and
Accountabi li ty
Act of 1996
(HIPAA)
or
any reg ulati ons
enacted or revi sed
pursuant
to the HIPAA
provi si ons
and
appli cable provi si ons
of
Washi ng ton
State law. The Contractor
ag rees
to
comply
wi th all
federal and state laws and
reg ulati ons, as
currently
enacted or revi sed, reg ardi ng
data
securi ty
and
electroni c data
i nterchang e
of all Personal Informati on.
The Contractor shall
protect
Personal Informati on
collected, used, or
acq ui red
i n connecti on wi th thi s
Contract, ag ai nst
unauthori zed
use, di sclosure, modi fi cati on or loss. The Contractor shall ensure i ts
di rectors, offi cers, employees,
subcontractors or
ag ents use i t
solely
for the
purposes
of
accompli shi ng
the
servi ces set forth i n thi s
ag reement.
The Contractor and i ts Subcontractors
ag ree
not to
release, di vulg e,
publi sh, transfer,
sell or otherwi se make i t known to unauthori zed
persons
wi thout the
express
wri tten
consent of AGENCY or as otherwi se
req ui red by
law. The Contractor
ag rees
to
i mplement physi cal,
electroni c,
and
manag eri al poli ci es, procedures,
and
safeg uards
to
prevent
unauthori zed
access, use, or
di sclosure of data i n
any
form. The Contractor shall make the Personal Informati on avai lable to amend as
di rected
by Ag ency
and
i ncorporate any
amendments i nto all the
copi es
mai ntai ned
by
the Contractor or
i ts Subcontractors.
The Contractor shall
certi fy
i ts return or destructi on
upon expi rati on or termi nati on of thi s Contract and the
Contractor shall retai n no
copi es.
If the Contractor and
Ag ency mutually
determi ne that return or
destructi on i s not
feasi ble,
the Contractor shall not use the Personal Informati on i n a manner other than
those
permi tted or
req ui red by
state and federal laws.
Ag ency reserves the
ri g ht
to
moni tor, audi t, or
i nvesti g ate
the use of
personal
i nformati on
collected,
used
or
acq ui red by
the contractor
throug h
thi s contract. The
moni tori ng , audi ti ng , or
i nvesti g ati ng may i nclude,
but i s not li mi ted
to, " salti ng " by Ag ency. Salti ng
i s the act of
i ntroduci ng
data
contai ni ng uni q ue
but false
i nformati on that can be used later to
i denti fy i nappropri ate
di sclosure of data.
The Contractor shall
noti fy Ag ency
i n
wri ti ng
wi thi n 5
worki ng days
of
becomi ng aware of
any
unauthori zed
access,
use or di sclosure. The contractor wi ll take
steps necessary
to
mi ti g ate any
known harmful effects
of such unauthori zed access
i ncludi ng ,
but not li mi ted to
sancti oni ng employees, noti fyi ng subjects,
and
taki ng steps necessary
to
stop
further unauthori zed access. The Contractor
ag rees
to
i ndemni fy
and hold
harmless
Ag ency
for
any damag es
related to unauthori zed use or di sclosure
by
the
Contractor,
i ts
offi cers,
di rectors, employees,
Subcontractors or ag ents.
Any
breach of thi s clause
may
result i n termi nati on of the contract and the demand for return of all
Personal Informati on.
SAVINGS -In the event
fundi ng
from
state, federal, or other sources i s
wi thdrawn, reduced, or li mi ted i n
any way
after the effecti ve date of thi s contract and
pri or
to normal
completi on,
the
Ag ency may
termi nate
the contract under the " Termi nati on for Conveni ence"
clause, wi thout the ten
day
noti ce
req ui rement,
subject
to
reneg oti ati on
at the
Ag encys
di screti on under those new
fundi ng
li mi tati ons and condi ti ons.
Contract No.
Pag e
9 of 12
00006266
SEVERABILITY -The
provisions
of this contract are intended to be severable. If
any
term or
provision
is
illeg al or invalid for
any
reason whatsoever, such
illeg ality
or
invalidity
shall not affect the
validity
of the
remainder of the contract.
SITE SECURITY -While on
Ag ency premises, Contractor, its
ag ents, employees, or subcontractors shall
conform in all
respects
with
physical,
fire or other
security policies or
reg ulations.
SUBCONTRACTING -Neither the Contractor nor
any
Subcontractor shall enter into subcontracts for
any
of the work
contemplated
under this contract without
obtaining prior
written
approval
of the
Ag ency.
In no
event shall the existence of the subcontract
operate
to release or reduce the
liability
of the Contractor to
the
Ag ency
for
any
breach in the
performance
of the contractors duties. This clause does not include
contracts of
employment
between the contractor and
personnel assig ned
to work under this contract.
Additionally,
the Contractor is
responsible
for
ensuring
that all
terms, conditions, assurances and
certifications set forth in this
ag reement are carried forward to
any
subcontracts. Contractor and its
subcontractors
ag ree
not to
release, divulg e, publish, transfer,
sell or otherwise make known to
unauthorized
persons personal
information without the
express
written consent of the
ag ency
or as
provided by
law.
TAXES -All
payments
accrued on account of
payroll taxes, unemployment contributions,
any
other
taxes,
insurance or other
expenses
for the Contractor or its staff shall be the sole
responsibility
of the Contractor.
TERMINATION FOR CAUSE -In the event the
Ag ency
determines the Contractor has failed to
comply
with the conditions of this Contract in a
timely manner,
the
Ag ency
has the
rig ht
to
suspend or terminate
this Contract. Before
suspending or
terminating
the
Contract,
the
Ag ency
shall
notify
the Contractor in
writing
of the need to take corrective action. If corrective action is not taken within 30
days,
the Contract
may
be terminated or suspended.
In the event of termination or suspension,
the Contractor shall be liable
for
damag es
as authorized
by
law
including ,
but not limited
to, any
cost difference between the
orig inal
Contract and the
replacement or cover Contract and all administrative costs
directly
related to the
replacement Contract,
e.g .,
cost of the
competitive bidding , mailing , advertising
and staff time. The
Ag ency reserves the
rig ht
to
suspend
all or
part
of the
Contract,
withhold further
payments, or prohibit
the
Contractor from
incurring
additional
oblig ations
of funds
during investig ation
of the
alleg ed compliance
breach and
pending
corrective action
by
the Contractor or a decision
by
the
Ag ency
to terminate the
Contract. A termination shall be deemed to be a "Termination for Convenience" if it is determined that the
Contractor:
(21)
was not in
default; or
(2)
failure to
perform was outside of his or her
control,
fault or
neg lig ence.
The
rig hts
and remedies of the
Ag ency provided
in this Contract are not exclusive and are in
addition to
any
other
rig hts
and remedies
provided by
law.
TERMINATION FOR CONVENIENCE -
Except
as otherwise
provided
in this
contract,
the
Ag ency may, by
10
days
written
notice, beg inning on the second
day
after the
mailing ,
terminate this
contract, in whole or
in
part.
If this contract is so terminated,
the
Ag ency
shall be liable
only
for
payment required
under the
terms of this contract for services rendered or g oods
delivered
prior
to the effective date of termination.
TERMINATION PROCEDURES -
Upon
termination of this
contract,
the
Ag ency,
in addition to
any
other
rig hts provided
in this
contract, may require
the Contractor to deliver to the
Ag ency any property
specifically produced or
acquired
for the
performance
of such
part
of this contract as has been terminated.
The
provisions
of the "Treatment of Assets" clause shall
apply
in such
property
transfer.
The
Ag ency
shall
pay
to the Contractor the
ag reed upon price,
if
separately stated,
for
completed
work
and services
accepted by
the
Ag ency,
and the amount
ag reed upon by
the Contractor and the
Ag ency
for
(i) completed
work and services for which no
separate price
is
stated, (Ii) partially completed
work and
services, (iii)
other
property
or services which are
accepted by
the
Ag ency,
and
(iv)
the
protection
and
preservation
of
property,
unless the termination is for
default, in which case the
Ag ent
shall determine the
extent of the
liability
of the
Ag ency.
Failure to
ag ree
with such determination shall be a dispute
within the
meaning
of the
"Disputes"
clause of this contract. The
Ag ency may
withhold from
any
amounts due the
Contractor such sum as the
Ag ent
determ ines to be
necessary
to
protect
the
Ag ency ag ainst potential
loss
or liability.
The
rig hts
and remedies of the
Ag ency provided
in this section shall not be exclusive and are in addition to
any
other
rig hts
and remedies
provided by
law or under this contract.
Contract No.
Pag e
10 of 12
00006267
After
receipt
of anotice of
termination,
and
except as otherwise directed
by
the
Agent,
the Contractor
shall:
1.
Stop
work under the contract on the
date, and to the extent
specified,
in the
notice;
2. Place no further orders or subcontracts for
materials, services, or facilities
except
as
may
be
necessary
for
completion
of such
portion
of the work under the contract that isnot
terminated;
3.
Assign
to the
Agency,
in the
manner,
at the
times, and to the extent directed
by
the
Agent,
all of the
rights, title, and interest of the Contractor under the orders and subcontracts so terminated,
in which
case the
Agency
has the
right,
at its
discretion, to settle or
pay any
or all claims
arising
out of the
termination of such orders and subcontracts.
4. Settle all
outstanding
liabilities and all claims
arising
out of such termination of orders and
subcontracts, with the
approval or ratification of the
Agent
to the extent
Agent may require,
which
approval or ratification shall be final for all the
purposes
of this
clause;
5. Transfer title to the
Agency
and deliver in the
manner,
at the
times,
and to the extent directed
by
the
Agent any property which,
if the contract had been
completed,
would have been
required
to be
furnished to the
Agency;
6.
Complete performance
of such
part
of the work as shall not have been terminated
by
the
Agent;
and
7. Take such action as
may
be
necessary,
or as the
Agent may direct,
for the
protection
and
preservation
of the
property
related to this contract which isin the
possession
of the Contractor and in
which the
Agency
has or
may acquire an interest.
TREATMENT OF ASSETS-
A. Title to all
property
furnished
by
the
Agency
shall remain in the
Agency.
Title to all
property
furnished
by
the
Contractor,
for the cost of which the Contractor isentitled to be reimbursed as adirect item of
cost under this
contract,
shall
pass
to and vest in the
Agency upon delivery
of such
property by
the
Contractor. Title to other
property,
the cost of which is reimbursable to the Contractor under this
contract,
shall
pass
to and vest in the
Agency upon ( i)
issuance for use of such
property
in the
performance
of this
contract, or ( I i) commencement of use of such
property
in the
performance
of this
contract, or
( iii)
reimbursement of the cost thereof
by
the
Agency
in whole or in
part,
whichever first
occurs.
B.
Any property
of the
Agency
furnished to the Contractor
shall,
unless otherwise
provided
herein or
approved by
the
Agency,
be used
only
for the
performance
of this contract.
C. The Contractor shall be
responsible
for
any
loss or damage
to
property
of the
Agency
which results
from the
negligence
of the Contractor or which results from the failure on the
part
of the Contractor to
maintain and administer that
property
in accordance with sound
management practices.
D. I f
any Agency property
is
lost, destroyed or damaged,
the Contractor shall
immediately notify
the
Agency
and shall take all reasonable
steps
to
protect
the
property
from further
damage.
E. The Contractor shall surrender to the
Agency
all
property
of the
Agency prior
to settlement
upon
completion,
termination or cancellation of this contract.
F. All reference to the Contractor under this clause shall also include Contractors
employees, agents or
Subcontractors.
U.S. DEPARTMENT OF TREASURY. OFFI CE OF FOREI GN ASSETS CONTROL- The
agency complies
with U.S.
Department
of the
Treasury,
Office of
Foreign
Assets Control
( OFAC) payment
rules. OFAC
prohibits
financial transactions with individuals or
organizations,
which have been
placed on the OFAC
Specially Designated
Nationals
( SDN)
and Blocked Persons sanctions list located at
http:/ / www.treas.gov/ offices/ enforcement/ ofaclindex.html. Compliance
with OFAC
payment
rules ensures
that the
agency
does not conduct business with individuals or organizations
that have been determined to
be
supporters
of terrorism and international
drug dealing
or that
pose
other
dangers
to the United States.
Prior to
making payment
to individuals or
organizations,
the
agency
will download the current OFAC SDN
file and
compare
it to
agency
and statewide vendor files. I n the event of apositive match,
the
agency
reserves the
right
to:
( 1)
make adetermination of
" reasonability"
before
taking
the
positive
match to a
Contract No.
Page
11 of12
00006268
higher a u t ho rit y , (2)
seek a ssist a nce fro m t he
Wa shingt o n
St a t e Office o f t he St a t e Trea su rer
(OST)
fo r
a dva nced a ssist a nce in
reso lving
t he
po sit ive ma t ch, (3) co mply
wit h a n OFAC
invest iga t io n,
if
requ ired,
a nd/o r
(4)
if t he
po sit ive
ma t ch is
su bst a nt ia t ed, no t ify
t he co nt ra ct o r in
writ ing
a nd t ermina t e t he co nt ra ct
a cco rding
t o t he Termina t io n fo r Co nvenience
pro visio n
wit ho u t
ma king pa y ment .
The
a gency
will no t be
lia ble fo r
a ny
la t e
pa y ment
fees o r missed disco u nt s t ha t a re t he resu lt o f t ime
requ ired
t o a ddress t he
issu e o f a n OFAC ma t ch.
WAIVER -Wa iver o f
a ny
defa u lt o r brea ch sha ll no t be deemed t o be a wa iver o f
a ny su bsequ ent
defa u lt
o r brea ch.
Any
wa iver sha ll no t be co nst ru ed t o be a mo difica t io n o f t he t erms o f t his Co nt ra ct u nless
st a t ed t o be su ch in
writ ing
a nd
signed by
a u t ho rized
represent a t ive
o f t he
Agency .
Co nt ra ct No .
Pa ge
12 o f 12
00006269
I
I
Letter of Submittal
Pendras
Consulting
Name:
Terry
D. Pendras sole
p rop rietor.
Address: 2370
Margery
St.
City/ State:
West
Linn, Oregon
97068
Phones: 503-657-3002 Cell 971-645-7465
Emai1:Tp endress@comcast.net
I have
recently
become a consultant so I can bid on RFP K430.1 formed in 2013
in
February.
I
graduated
with honors from the
University
of Phoenix with a BSBM. I am
also
very
familiar with all
asp ects
of
Marijuana.
I intend to become licensed in the State
of
Washington
if! win the bid.
Currently
I live and work from West Linn which is
only
about 5 miles south ofPoliland.
My Prop osal
is attached to these fonns.
00006270
2
Name:
TerryD.
Pendras
Address: 2370
Margery
St.
West
Linn, Oregon
97068
Washington
State RFP for
Marijuana Legalization
and
Integration
Introduction:
The
purpose
of this
proposal
is to facilitate the
implementation
of Wash.
502;
Washingtons new marijuana legalization
law.
Personal:
Name:
Terry
D. Pendras
Address: 2370
Margery
St.
C ity/ state:
West
Linn, Oregon
97068
Email:
Tpendress@comcast.net
Phone: 503-657-3002. C ell: 971-645-7465
D.o.b.: 8-3-1957
Work
HistOly:
1984 to
present:
Precision
C astparts,
4600
Harney
Dr.
Milwaukie,
Or. 97208. Phone: 503-777-3881
Q ualifications:
Graduated with honors iiom
University
of Phoenix in 2009.
My
degree
is Bachelors of
Science,
Business
Management.
I also have extensive
knowledge
in the
growing, processing, q uality
and
marketing
of
marijuana.
Scope:
00006271
3
The
scope
of this
proposal
will establish a
plan
to
implement
a retail
marketing
system
for
marijuana
in
Washington
State. This
proposal
will cover the
gamut
of
marijuana production
from
growing
to final retail sale. The concerns discussed will
include
fonning growers co-operatives, process
control
systems, warehousing
and.
distribution,
taxation and
security. Implementation
should not be rushed but
developed
at
a moderate
pace
to address
any
difficulties which
may
arise
during
the
assembly
and
operations
of the
legal
retail
marijuana
market. Minimal
implementation
of
my plan by
12-31-13 should ensure success in
filling
the rest of the state with
Marijuana
Dispensaries.
Zones:
In order to maximize area
coverage
with minimal
processing
centers
(to begin
with),
the state should be divided into 5
geographic
distribution areas for
simplification.
The 1-5 corridor should be divided into 3
separate
areas. Area 1: Seattle and north on
west
side,
Area 2: Tacoma and
Olympia
and
including
the
Olympic
Peninsula. Area 3:
Centralia/Chehalis to Vancouver on west side. The east side of the state will be divided
east and west to form north and south zones 4 and 5. Area 4: southeast
Washington
east
side,
and Area 5: northeast
Washington
east side.
Each zone will have a
processing
center and distribution/warehouse
facility
nearby.
Effort should be made to locate these
Processing
facilities in the center of each
zone to minimize
transport
costs. Area 5 has no central
metropolitan area therefore
Spokane
will serve as the default area.
Growers:
00006272
4
Growers must obtain a "Provisional Growers" license from the state of
Washington,
for $250 as established
by
the State of
Washington.
The annual fee for
renewal of this license shall be $1000. This license allows the
growers
to submit
marijuana product samples
for
q uality inspection.
Each
grower
will be
encouraged
to use
non-toxic methods of
growing
the
product.
Carbon Dioxide infusion is
acceptable
for
indoor
operations.
A list of
acceptable
fertilizers will be
supplied
to the
growers
to
maximize their success in
growing
non-toxic
product
safe for
consumption.
After
supplying
6
samples
of non-toxic
Marijuana,
the Provisional Grower card
will be
replaced
with a "Prefened
Supplier"
card. A Preferred
Supplier
card
signifies a
q uality producer
and
inspection can be lessened a bit. The Preferred
Supplier
card also
allows
inspection
of the
grow
facilities at
any
time
by
the state.
Growers are
typically
llilable to secure finances for
Marijuana
Farms since
they
are
usually
cash
enterprises.
With the
legalization
of
Marijuana
in
Washington!
banks or
other financial institutions
may
be more inclined to offer loans for
start-ups.
Process Control:
Each batch of
Marijuana
that anives at the
processing
center shall be
tagged
with
the
grower
information. This will include Provisional or Prefened
suppliers
of
product.
All Products will be
inspected.
The
grower
will
provide a list of all fertilizers or
chemicals used in the
production.
The
Marijuana
will be
inspected closely
for
Spider
Mites or
any
other small insects. A close
inspection
for mold is also
imperative as both of
these conditions are
nnacceptable
for a
q uality product.
00006273
5
Each batch of
Marijuana
will be
sampled
for
any dangerous
and toxic chemicals
used in
growing
the
product.
Toxic
product can
disq ualify
a
grower
and will be handled
on a case by case basis.
Processing:
A license fee of $250 as established
by
the State of
Washington
will be
req uired
of each
Marijuana Processing
Center.
Once the
safety
of the
Marijuana
is
established, processing can begin.
The
Marijuana
should be tested for THC content as customers are often interested in this
information. This information can be
posted
next to
pictures
of the various
product
offerings
at the Retail
D ispensaries..
The
Marijuana
buds should be
groomed
for sale with the best buds
packaged by
convenient sizes such as 1/8, \ 4 ,
Y, and 1 ounce. Product can be rolled into
joints
for sale
by pack
with or without filters included
(for safety
minded
consumers).
The
trimmings
are set aside to manufacture other
product.
The leaves and
trimmings are
easily
combined with butter or oil to form the basis
for
many baking goods.
These baked
goods
include
cookies, brownies,
etc.
Candy can
also be made from
Marijuana product,
with
many
different
types
and
strengths possible.
Machines can be
employed
in the
processing
center to manufacture the different
Marijuana product
from
joints
to
candy.
New
technologies or ones that adhere to a strict
green philosophy
should be
employed
in all areas of
operation including, gathering,
transporting
and manufacture of various
Marijuana products.
The
Marijuana Processing/Warehouse
distribution
complexes
will be
geographically
located as near the center of each zone as
possible. Locating
the facilities
00006274
6
in the middle of the zone will minimize
tr a ns p or ta tion
cos ts to the Reta il
Dis p ens a r ies .
It
is
p os s ible
to utilize
gr een technology by emp loying
Bio-dies el or
p r op a ne p ower ed
tr uck
fleets . Ca r e mus t be ta ken to ins ur e tha t
a ny Ma r ijua na Pr oces s ing
Center /Wa r ehous e
or
Reta il
Dis p ens a r ies
mus t be loca ted a minimum of 1000 feet or fur ther
a wa y
fr om School
zones .
An
op p or tunity
exits to build
comp a nion
fa cilities to utilize the wa s te
p r oduct
of
gr owing
cons uma ble
Ma r ijua na .
The
r ough
leftover s ca n be
p r oces s ed
into
hemp p a p er
or
hemp
cloth.
Rop e
is a nother
p os s ible by p r oduct
of
hemp p la nting.
Ta xa tion:
A ta x
s ta mp
will be
des igned by
the Sta te of
Wa s hington
for
p r oces s ed Ma r ijua na .
Ea ch
p r oduct
ma nufa ctur ed a t the
p r oces s ing fa cility
will r eceive a
Wa s hington
Sta te ta x
s ta mp
a nd
a p p r op r ia te
ta xes
p a id on
p r oduct.
The ta xa tion r a te on wholes a le or r eta il
s a les of
Ma r ijua na
will be 25% a s es ta blis hed
by
the Sta te of
Wa s hington.
This will
fa cilita te la w enfor cement in
deter mining
the
lega lity
of
Ma r ijua na p os s es s ed by
individua ls .
Ta xing
the
Ma r ijua na p r oducts
a t
only
five
p r oces s ing
center s will
s imp lify
collecting
fees a nd ena ble
integr a tion
into
a ny
futur e Feder a l
lega liza tion p la n
which
ma y
follow
Wa s hingtons p r ogr a m.
Dis tr ibution:
Dis tr ibution will be fiom the
Pr oces s ing
center if it IS
la r ge enough, or a
dis tr ibution/wa r ehous e
fa cility nea r by
the
Pr oces s ing
center . Thes e five
p r oces s ing/dis tr ibution
center s will be the
beginning
of a
tr a ns p or ta tion
networ k.
Loca ting
thes e fa cilities in
a centr a l loca tion of ea ch zone will
mitiga te tr a ns p or ta tion
00006275
7
problems
Of
delays. Packaged Marijuana
and
Marijuana product
will be
shipped
from
these facilities to the Retail Outlets in each
city.
Retail Outlets:
Each
city
will want one
Marijuana dispensary
and
many
cities will want more.
The State of
Washington
will issue a
"Marijuana
Business" card for each
person wishing
to establish a retail outlet. The cost of the
Marijuana
Retail card is $250 as established
by
the State of
Washington.
The State of
Washington
will
investigate
individuals and decide
if
issuing a business license is warranted.
Once
properly licensed,
and with an acceptable
business
plan,
the
city
retail
dispensaries can receive retail
product
from the warehouse. Retail
price
of
product
and
taxation of said
product
shall be established
by
the State of
Washington. Washington
sales tax will also
apply
to all sales in the Retail outlets. This business will want to
expand very quickly,
but should be
developed slowly
to minimize
any logistical problems
encountered.
Limits of
possession
of
Marijuana
has been established
by
the State of
Washington as
up
to "one ounce of use able
Marijuana",
16 ounces of
Marijuana
infsed
product
in solid fonn or 72 ounces of
Marijuana-infused product
in
liquid
form
or
any
combination of all three.
When customers enter the
establishment,
their Identification will be checked to
ensure they are 21 or older. The customers can be
given a small menu card
including
all
products
for sale. The customer can ask to see and smell small
smnples
set aside for this
purpose
at the retail counter. As our employees
become fmniliar with the different
products
and their relative
strengths
and
weaknesses, they
will be able to better direct the
00006276
8
customers to the
sp eci f i c p roduct
to f i l l thei r needs
( i . e. Li ght hi gh
so
you
can
get
work
done vrs. a
heavy . sl eep y hi gh) .
Posters wi l l be
strategi cal l y p l aced
i n the retai l area
remi ndi ng
customers that
"Dri vi ng i mp ai red
i s
I l l egal ".
Medi cal
Mari juana users coul d be i ssued a Medi cal card. Thus
i denti f i ed,
these
p ati ents may
be
el i gi bl e
f or reduced rate
( cost) p roduct
due to medi cal
necessi ty.
Thi s
wi l l al so f aci l i tate
i ntegrati on
i nto the medi cal
system
i f
Major
medi cal carri ers and
I nsurance
comp ani es begi n coveri ng
thi s
therap y.
The State of
Washi ngton
shal l establ i sh the cost of each
Mari juana p roduct.
The
p nces
wi l l
p robabl y gravi tate
towards bl ack market
p ri ces as thi s wi l l be the
major
comp eti ti on
of the
l egal p roduct.
Wi thout the
Washi ngton
State
Mari juana
Tax
stamp ,
the
p roduct
i s
i l l egal
and
subject
to sei zure
by
the authori ti es. I n order to
buy
f rom the
di sp ensary,
customers must
p rove they are 21 or ol der.
Comp eti ti on
f or these Retai l outl ets wi l l be f i erce. Great care must be taken to
ensure no di scri mi nati on or
ap p earances
of
i mp rop ri ety occur i n the
assi gnment
of the
outl ets. The
p rogram
wi l l be
f ul l y
establ i shed wi thi n one
year.
Securi ty:
The
p ossi bi l i ti es
of cri mi nal acti vi ti es at al l si tes are
p ossi bl e.
Al l Warehouse and
p rocessi ng areas wi l l be covered
by
survei l l ance cameras.
Ti ght i nventory
control wi l l
f ol l ow
p roduct shi p ments. Shi p ments
wi l l be recei ved and checked
agai nst a
shi p p i ng
mani f est. Al l
transp ort
trucks wi l l be
equi p p ed
wi th
tracki ng gear
to
mi ti gate
l oss
by
hi jack.
Armed
securi ty guards
at vUl nerabl e
areas of the
op erati ons are
p ossi bl e; however,
I do not bel i eve
they
wi l l be
necessary.
Concl usi on:
00006277
9
Congratulations
to
Washington
State for its
courageous
stand on
legaliz ed
Marijuana.
I believe I amwell
equipped
to
help
the state with the
implementation
of
Wash. 502. We are willing
to relocate to
Washington
if
necessary. Pay
rate is
negotiable.
Please feel free to e-mail
any questions
or clarifications
you may
be interested in to
Tpendress@comcast.net.
Thank
you
for
your consideration,
Terry
D. Pendras
00006278
10
CERTIFICATIONS AND ASSURANCES
I/we make the
following
certifications and assurances as a required
element of the
proposal
to which it is
attached, understanding
that the truthfulness of the facts affirmed
here and the
continuing compliance
with these
requirements are conditions
precedent
to
the award or continuation of the related contract:
1. I/we declare that all answers and statements made in the
proposal are true and correct.
2. The
prices
and/or cost data have been determined
independently,
without
consultation, communication, or
agreement
with others for the
purpose
of
restricting
competition. However,
I/we
may freely join
with other
persons
or organizations
for the
purpose
of
presenting a single proposal.
3. The attached
proposal
is a firm offer for a period
of 60
days following receipt,
and it
may
be
accepted by
the AGENCY without further
negotiation (except
where
obviouSly
required by
lack of
certainty
in
key terms)
at
any
time within the
50-day period.
4. In
preparing
this
proposal,
I/we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
proposal or
prospective contract,
and who was
assisting
in other than his or her
official, public capacity.
If there are
exceptions
to these
assurances,
I/we have
described them in full detail on a
separate page
attached to this document.
5. I/we understand that the AGENCY will not reimburse me/us for
any
costs incurred in
the
preparation
of this
proposal.
All
proposals
become the
property
of the
AGENCY,
and I/we claim no
proprietary right
to the
ideas, writings, items, or
samples,
unless so
stated in this
proposal.
6. Unless otherwise
required by law,
the
prices
and/or cost data which have been
submitted have not been
knowingly
disclosed
by
the
Proposer
and will not
knowingly
be disclosed
by
him/her
prior
to
opening, directly or
indirectly,
to
any
other
Proposer
or to
any competitor.
7. I/we
agree
that submission of the attached
proposal
constitutes
acceptance
of the
solicitation contents and the attached
sample
contract and
general
terms and
conditions. If there are
any exceptions
to these
terms,
I/we have d scribed those
exceptions
in detail on a
page
attached to this document.
8. No
attempt
has been made or will be made
by
the
Proposer
to induce
any
other
person
or firm to submit or not to submit a
proposal
for the
purpose
of
restricting competition.
9. I/we
grant
the AGENCY the
right
to contact references and
other,
who
may
have
pertinent
information
regarding
the
ability
of the Consultant and the lead staff
person
to
perform
the services
contemplated by
this RFP.
10. If
any
staff
member(s)
who will
perform
work on this contract has retired from the State
of
Washington
under the
provisions
of the 2008
Early
Retirement Factors
legislation,
his/her
name(s)
is noted on a
separately
attached
page.
.
We
(circle one) are / are not
submitting proposed
Contract
exceptions. (See
Section
2.10,
Contract and General Terms and
Conditions.)
If Contract
exceptions are being submitted,
I/we have attached them to this form.
00006279
On behalf of the
C ons u ltants u bm i tti ng thi s p r ( ) p os al,
m y
nam e below attes ts to the
accu r acy
of
the above s tatem ent.
~.( ;( Q nj ( i ftfi i [ s , i i n g ll
We ar e
s u bm i tti ng a s canned
s i g natu r e
of thi s
for m wi th ou r
p r op os al,
Si g natu r e
of
Pr op os er
Ti tle Dale
11
00006280
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 12:09 PM
TPendress@comcast.net
WSLCB RFP K430
-
Rejection
Notification
K430_ Terry Pendras_Rejection Letter.p df
Good
Afternoon,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me If
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
1
00006281
Washington
State
Liquor
Control Board
Februury 25,
2013
Terry
D. Pendras
2370
Margery
Street
West
Linn,
OR 97068
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430, Initiative 502
Consulting
Services
Dear Mr. Pench as,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2, Preparation
of
Proposals,
states in
part:
"..
.Incomplete
01
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may
disqualify
the
Proposer from
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
faileel to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposer Information,
Subcontractor Infol1nation, Non-Cost
Proposal
and Cost
ProposaL
Proposer
submitted an incomplete
and
vagere response
and is thus deemed
non-responsive
and
n,jcctcd
from further
patticipation
in this RFP.
Thank
you
for
your
intercst in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responseli.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 01 email at
jsf@liq.wa.gov.
-Sincerely,
-=
~ ! :; ~ ~ t
Coordl11ator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box 43090, Olympia
WA
98504-3090, (360) 664-1600, www.llq.wa.gov
00006282
Norton. Melissa K
From:
Posted At:
Conversation:
tim
<kindsupply@earthlink.net>
Friday, February 15, 2013 1:08 PM
1-502
Proposal
Subject:
1-502
Proposal
Tim Johnson
120 SW
Ankeny
St. #180B
Portland, OR,
97204
February 15,
2013
Procurement Coordinator
.
Washington
State
Liquor
Control Board
3000 Pacific Ave
Olympia,
WA 98504
K430@liq.wa.gov
DearWLCB:
I would like to introduce
myself,
as a
longtime Hemp
and Cannabis Activist and Business leader. I n these
historic times I would like to offer
my
services
along
with
my
associates. I have been in the
hemp
and cannabis
movement for over 20
plus years. Starting
out in 1990 when I was in
collage
at PSU and PCC where I received
multiple degrees
and certificates. One of the
founding members,
to
help
write the
original Oregon
medical
marijuana
law
(OMMP). Help
start the first
hemp qlub
at PSU.
I have a vast resource of
knowledge, stemming
from a
large
number of
sources, starting
with
education,
business, medical, legal, political,
real world
experience, growing,
etc. And so on from a
large
number of
situations.
.
Active member in the
community, politically, socially, environmentally,
.
One of the
original founding
members of the OMMP
law, help
write the
law,
and worked on it from start
to finish.
.
Help
start the first
hemp
and cannabis club at PSU
Have worked in the cannabis
industry
for over 20+
years, starting
some of the first
hemp
and cannabis
business in
Oregon
and
nationally.
.
Vast amount of
community work,
business
internships,
volunteer
work, corporate
and
legal consulting,
business
experiences,
owned and ran
many
of
my
own business for
many years.
.
Have work for and with
many leading business,
like Federal
Mogul, TRW, Adidas, Saturn, Avia,
Convers, I deal
S&P, OMMCS, NORMAL, High
Times
magazine, AWEAR, 4Hemp
Just to name a few.
.
Have
helped
Thousands Medical
Marijuana patients
from start to finish.
.
Was raised
up
as an
organic farmer, work with nature in out for
many years.
.
Sponsor
and vendor at
many hemp
and related festivals.
One of the
original
members of OMMCS
(Oregon
Medical
Marijuana
Consultants
Services)
Worked with rnost all related
groups
in this
industry.
Having
this vast
knowledge,
would seem to be
key
in an historic situation like
this,
I can
bring many
facets to
help
with this
program,
and would love to
help any way
I can on
any
level. I have been involved from the
beginning
of the
movement,
have seen
many
come and
go
for
many
reasons. Death has
plaid
a
large part
in
this because of
many
medical conditions and illnesses. With
marijuana
and cannabis
being
the
only help
for
many
of these
people,
I feel that I have a
responsibility
to these
people
and
society
in a whole. Thank
you
for
this
opportunity
to
help.
1
00006283
Sincerely.
Tim Johnson
(Business owner, consultant, activ ist.)
503-360-6426
kindsupply@earthlink.net
2
00006284
Tim Johnson
120 SW
Ankeny
St. #180B
Portland, OR,
97204
February 15,
2013
Procurement Coordinator
Washington
State
Liquor
Control Board
3000 Pacific Ave
Olympia,
W A 98504
K430@lig.wa.gov
DearWLCB:
I would like to introduce
myself,
as a longtime Hemp
and Carmabis Activist and Business
leader. In these historic times I would like to offer
my
services
along
with
my
associates.
I have been in the
hemp
and carmabis movement for over 20
plus years. Starting
out in
1990 when I was in
collage
at PSU and PCC where I received
multiple degrees
and
certificates. One of the
founding members,
to
help
write the
original Oregon
medical
marijuana
law
(OMMP). Help
start the first
hemp
club at PSU.
I have a vast resource of
knowledge, stemming
from a large
number of
sources, starting
with
education, business, medical, legal, political,
real world
experience, growing,
etc.
And soon from a
large
number of situations.
. Active member in the
community, politically, socially, environmentally,
One of the
original founding
members of the OMMP
law, help
write the
law,
and
worked on it from start to finish.
.
Help
start the first
hemp
and cannabis club at PSU
.
Have worked in the cannabis
industry
for over 20+
years, starting
some of the
first
hemp
and camlabis business in
Oregon
and
nationally.
Vast amount of
community work,
business
internships,
volunteer
work, corporate
and
legal consulting,
business
experiences,
owned and ran
many
of
my
own
business for
many years.
. I-lave work for and with
many leading business,
like Federal
Mogul, TRW,
Addidas, Saturn, Avia, Convers,
Ideal
S&P, OMMCS, NORMAL, High
Times
magazine,
A
WEAR, 4Hemp
Just to name a few.
Have
helped
Thousands Medical
Marijuana pacients
from start to finish.
00006285
[Recipient Name]
Febmary 15,
2013
Page
2
.Was raised
up
as an
organic fanner,
work with nature in out for
many years.
.
Sponsor
and vendor at
many hemp
and related festivals.
.One of the
original
members of OMMCS
(Oregon
Medical
Marijuana
Consultants
Services)
.Worked with most all related
groups
in this
industry.
Having
this vast
knowledge,
would seem to be
key
in an historic situation like
this,
I can
bring many
facets to
help
with this
program,
and would love to
help any way
I can on
any
level.I have been involved fTOm the
beginning
of the
movement,
have seen
many
come
and
go
for
many
reasons.Death has
plaid
a
large part
in this because of
many
medical
conditions and illnesses.With
marijuana
and cannabis
being
the
only help
for
many
of
these
people,
I feel that I have a
responsibility
to these
people
and
society
in a whole.
Thank
you
for this
opportunity
to
help.
Sincerely,
Tim Johnson
Business
owner, consultant,
activist.
00006286
Norton. MelissaK
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 12:10 PM
k indsup p ly@ earthlink .net
WSLCB RFP K430 -
Rejection
Notification
K430_Tim
Johnson_Rejection Letter.p df
Good
Afternoon,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@ liq.wa.gov
1
00006287
Washington
State
liquor
Control Board
Febmury 25,
2013
Tim Johnson
120 SW
Ankeny
Street
Suite 180B
Portland,
OR 97204
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Johnson,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has heen
rejected
because it failed to confOlm to REP
requirements.
Section 3.2, Preparation
of
Proposals,
states in
pru1:
" ...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualij
the
Proposer ji om
further participation
in this RI" P" .
..
It is the
solercsponsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete, Proposer
failed to
complete
and submit the
following required
items in
response
to REP
K430:
Proposer s
Authorized
Offer, Proposer Information,
Subcontractor Information,
Non-Cost
Proposal
and Cost
Proposal. Proposer
submitted an
incomplete alld.vaguc response
and is thus deemed
non-responsive
and
rejected
from i rther
participation
in this REP,
Thank
you
for
yom
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
prepaJ1ng
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@ )\ q,wa,gov.
Sincerely,
~
JolmFarley
Procmement COOl inator
ce: K430 Contract file
3000 Pacific Ave, St ,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www,liq,wa.gov
00006288
Washington
State
Liquor
Control Board
Febtuaty 25,
2013
Tim Johnson
1.20 SW
Ankeny
Street
Suite l80B
Portland,
OR 97204
Subject: Rejection
of
Respousc
to
Washington
State
Liquor
ContJolBoard
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Johnson,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements,
Section 3.2, Preparation
of
Proposals,
states in
pat1:
"...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
.
to complete
and submit the
required
items listed in this section
may disqualifY
the
Proposer flom
j
rther
participation
in this RFP...
..
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Proposer
faileel to
complete
and submit tl1e
following required
items in
response
to RFP
K430:
Proposers
Authorized
Offer, Proposer Information,
Snbcontractor
Information,
Non-Cost
Proposal
and Cost
P~ oposal. Proposer
submitted an incomplete
and
vague response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business w h the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at jsl@lq.wa.gov.
Jolm
Farley
Procurement COOL illator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box 43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00006289
Norton,
Melissa K
From:
Posted At:
Conversation:
Justin Michels
<gonzo0013@gmail.com>
Friday , February 15,
2013 2:05 PM
RFP
K430,
UTILA TOOL
Subject:
RFP
K430,
UTILA TOOL
Dear Procurement Coordinator:
Although
I have
nothing
but
respect
for the official
request
for
proposals regarding implementation
of
1-502, my
hope
is
.y ou
will understand
why
this document exists as it does.
Put
simply , my
area of
expertise
and the
scope
ofthis
proposal
do not
exactly
fall witllin the realm of what is
being requested.
What this
pertains
to is
recy cling
the stalks of medical and recreational cannabis into useful
fibers and
organic
fertilizer.
This is a
project
I had been
working on here in Montana with
very promising
results until our medical
industry
was destroy ed.
Now that our law is
hopefully
b~ coming more functional
again,
we are looking
to
open
a small
processing facility
here in Missoula later this
y ear.
The fibers are identical to industrial
hemp
and can be used for a wide
variety
of end
products,
from
paper
to
building
materials to
high performance
car
parts.
Combined with the
copious
amounts of fertilizer which can be
obtained
using
the ancient method of water
retting,
this method of
recy cling
has
many
benefits for the
community
as a whole.
Right now,
I am also now in the
process
of
starting a related
business,
UTILA
TOOL,
centered around
building
custom
y ear
round
greenhouses
and sun rooms. We are
going
to be
importing hemp
fiber to make
hempcrete
for the walls sure to its remarkable
ability
to breathe
well, provide great
insulation and is resistant to mold. This
technique
would also be well suited for
y our
cannabis
growing
facilities.
I am willing
to relocate to
Washington,
commute or consult from here to
help get y our processing facility
running
for reasonable
compensation.
This
proposal
does not include a dollar amount because there are so
many options
in front of us. I am also
open
to the
possibly
of
setting up
a research
facility
here and or in
Washington
to
develop
the best end result.
Thank
y ou
for
y our
time and I wish
y ou
the best offluck on
y our
endeavors. If
y ou
have
any questions, please
dont hesitate to ask.
My
main
goal
here its not to make
money ,
but
jump
start the
help industry
so we can start
using
American
hemp
fibers for all sorts oflocal
manufacturing opportunities.
Kind
regards,
Justin Michels
(406)531-3618
1
00006290
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Frid ay , February 22,
2013 3:30 PM
gonzo0013@gmail.com
WSLCB RFP K430
-
Rejection
Notification
K430_ U tilatool_ Rejection Letter.p d f
Good
Afternoon,
Thank
y ou
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accord ance with the attached
letter,
the WSLCB must
reject y our resp onse.
Thank
y ou
for
y our
interest in
d oing
business with the
Washington
State
Liquor
Control Board . Please feel free to contact
me if
y ou
have
any questions or need ad d itional information.
Thank
y ou,
John
Farley
Procurement Coord inator
K430@lig.wa.gov
1
00006291
Washington
State
liquor
Control Board
Febnwry 22, 2013
Subject: Rejection
of
Response
to
Washingtou
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consultiug
Services
Dear Mr. Michels
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it was not received before the
required
due dale and time.
Statewide contracting polky promotes open
and effective
competition
and the
equal
treatment of all
proposers by firmly mandating
that the
acceptance
of late
proposals
is
prohibited.
In accordance Witll
Washington
Administrative Code
(WAC)
200-300-025:
"...AII bids must be received in the
office oJthe purchasing activity by
the dale and time
specified
in the document or addenda. No deviations will be allowed...
"
Responses
to RFP K430 were due on or before 2:00
p.m.
on February 15,
2013. As
partially
stated in
Amendment 2 to RFP K430:
"Complete Proposals
must be received
electronically on or
b~ lore February 15, 2013 at 2:00PM
...
"
It is the sole
responsibility
of e
Proposer
to understand the RFP
requirements
and ensure their
proposal
is submitted on time. The WSLCB received Mr. Michels
proposal
in the
Icbbids@1iq.wa.gov
inbox on
Febmary 15, 20 l3 at 2:05
p.m. (PT).
Mr. Michels failed to submit his
proposal
on time and is thus
deemed
non-responsive
and
rejected
from. further
pmticipation
in RfP K430,
Thank
you
for
your
interest in
doing
business wi the
Washington
State
Liquor
Control Board. If
you
have
any questions, please
feel free to contact me by phone
at (360)
664-4526 or email at
jsf@liq.wa.goy.
Sincerely,
olm
Farley
Procurement Coordinator
cc: K430 Contract !lie
PO Box
43090,3000
Pac fc Ave.
SE, Olymp
a WA
98504, (360) 664-1600, www.llq,wa.gov
00006292
Norton.
Melissa K
From:
Posted At:
Conversation:
Zachary
Lawrence
<zlawrenceesq@gmail.com>
Tuesday, February 26,
2013 11:48 AM
WSLCB RFP K430 -
Rej ection
Notification
Subj ect:
Re: WSLCB RFP K430 -
Rej ection
Notification
Dear Mr.
Farley,
Thank
you
for
responding
to
my inquiry.
I
merely
sent
my
resume and information for
your perusal
for a
potential j ob opportunity
and was. not intended to be a formal
proposal. However,
I do
appreciate you contacting
me,
and if
you
need
any
further assistance in the
future, please keep
me in mind.
Sincerely,
Zachary
Lawrence
On
Mon,
Feb
25,
2013 at 3:10
PM,
K430
<K430@liq.wa.gov>wrote:
Good
Afternoon,
Thank
you
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
rej ect your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00006293
00006294
ProcU1.ement Coordinator
Washington
State
Liquor
Control Board
3000 Pacific Avenue
Olympia,
W A 98504
Zachary
T.
Lawrence, Esq.
4 Lincoln Ave.
Branford,
CT 06405
203-444-3970
ZLawrenceEsq@gmail.com
Feb.
8,2013
Re:
Consulting
services to assist with the
implementation
of the
legaliz ed
recreational
marijuana system
enacted
by
the voters with Initiative 502.
To Whom It
May
Concern:
I am writing
to submit
my
r sum for consideration as a consultant to the
Washington
State
Liquor
Control Board for 111e
implementation
of Initiative 502. I have
extensive
knowledge
of the relevant
legal
issues involved with such
implementation
resulting
from
my
numerous
years
of
study throughout
my undergraduate
and
legal
academic careers. Also, as a
relatively young attorney,
this
position
would offer me an
excellent
opportunity
to interweave
my previous
academic endeavors with
my
burgeoning legal
career.
I have studied
drug policy
in the United States and the international arena since
my undergraduate days
at
Hampshire College, culminating
in
my
senior thesis
( referred
to as a Division III
thesis) entitled,
"A Libertarian
Analysis
of
Marijuana
Laws and a
Proposal
to Decriminaliz e." Tl s projectfocused 011
marijuana policies
in the United
States from four different
perspectives: Chapter
One is on
plant pharmacology
and health
issues; Chapter
Two discusses the
politics
of mad
juan a
policy; Chapter
Three discusses
legal
issues with
paIticular
attention to federal and state
conflicts;
and
Chapter
Four looks
at the il1te11lational arena by con
parng EurOpeaIl policies
to 1110se of the United States.
For this last
chapter,
I
personally
traveled to various locations
throughout Europe
in order
to facilitate
my
research, namely Italy, Switz erland, the
Netherlands, Germany
aIId
Spain.
Many people are aware of the famous
"coffeeshops"
of
Amsterdam,
but
many
Americans
aIe not aware llmt decriminaliz ation is
fairly
standard
procedure throughout
the
European
continent,
with little
negative impact on their
respective
societies. If
interested,
I can send
a print copy
of this thesis for
your
future
perusal.
After
moving
back to 111e United States and
finishing my undergraduate degree,
I
worked at the Yale
University Interdisciplinary
Center for Boell1ics in New
Haven,
Conn.
There, I hel ed
organiz e
all educational
group consisting
of
bioethicists, doctors,
legal expelts
and academics fro111 the Yale
community
who were interested in
tackling
the matter of
drug policy.
Also while at
Yale,
I wrote an aIticle for their
undergraduate
magaz ine,
The Yale Journal
of
Medicine and
Law, entitled,
"A Conservative
Supreme
Court: A
Step
ForwaId for MecJical
Marijuana?"
I have enclosed a
copy
of this aI.tide
will1 this cover letter aIld r slUll
,
as it is
vastly
shorter than
my
senior thesis but still
provides a sample
of
my previous
work
( albeit
somewhat
dated) ,
This aIticle discussed
the u.s.
Supreme
Court
case,
Gonz alez v, Raich,
which was a medical
maIijuana case out
00006295
of California. In
s h ort ,
t h is art icle
p oint s
out an int eres t ing irony
in
marijuana
law in t h e
Unit ed St at es : t h e t h ree
dis s ent ing jus t ices were s ome of t h e mos t cons ervat ive on t h e
court ,
and t h e
majorit y jus t ices were s ome of t h e mos t liberal. Th is is
exp lained by
t h e
fact t h at t h e cons ervat ives
g enerally
advocat e for t h e
exp ans ion
of s t at es
rig h t s as
p er
t h e
lO t h
Amendment ,
and t h e liberals on t h e Court cit e t h e int ers t at e commerce claus e t o
g arner
federal
juris dict ion over mat t ers t h at h ave
t radit ionally
been left t o t h e s t at es . As
s uch , we h ave a conflict of
laws ,
and t h is is
exact ly
t h e kind of is s ue t llat is cert ain t o
come
up
in
Was h ing t on
under t h e
imp lement at ion
of t h e
new init iat ive.
L as t ly,
I
g raduat ed
from Wes t em New
Eng land
Sch ool of L aw in
2009,
and I
p as s ed
t h e Connect icut Bar Exam in t h e Fa112012. At
WNE,
I focus ed on criminal law
and cons t it ut ional
leg al is s ues ,
but als o t ook t h e s t andard
leg al
clas s es s uch as
cont ract s ,
federal/s t at e
juris dict ion,
adminis t rat ive
p rocedure,
and s o fort h . As of t h e s ubmis s ion of
t h is
let t er, my ap p licat ion
for admis s ion t o
p ract ice
in Connect icut h as been
comp let ed
and I am
merely wait ing
for
ap p roval
from t h e Connect icut Bar Exanl
ning
Commit t ee.
TIlO ug h
I do
exp ect
t o be
ap p roved
in t h e
coming weeks ,
I nonet h eles s want ed t o s ubmit
my
r s um and ot h er informat ion t o t ile Board as s oon as
p os s ible, as I
imag ine
t h at t ime
is of t h e es s ence for
filling
t h e cons ult ant
p os it ion.
As
s uch ,
I would like t o clos e t h is
let t er
by s t at ing
t h at I would be an excellent candidat e for t h is
cons ult ing p os it ion as I
h ave bot h academic and
leg al exp ert is e on t h e
s ubject
mat t er
revolving
around t h e
imp lement at ion
of t h e new init iat ive. I als o h ave
very
well defined
p olicy g oals
t h at I
would like t o malce
p m!
oft h e
imp lement at ion
p roces s ,
s ome of wh ich are as follows :
I) imp lement a
p olicy
t h at
p revent s
minors from
h aving acces s t o t h e
drug
wh ile
ens uring
t h at adult s h ave reas onable
acces s ibilit y; 2)
creat e a
leg al
envirO lnnent t h at
res p ect s
federal law and minimizes conflict s bet ween t h e federal
g overnment
and cit izens of
Was h ing t on St at e; 3) imp lement a reas onable
reg ulat ory
framework t h at
p rot ect s
t ile
p ublic
h ealt h and creat es
g ood p ublic p olicy; 4)
cons t lUct a reas onable
s ys t em
for
collect ing
t ax revenues mld
dis t ribut ing
licens es for dis t ribut ion and
manufact uring ;
and
5)
t
ding
and
p roviding
s ubs t ance abus e t leat ment
p rog rams
t o nlnimize
any
effect on
p ublic
h ealt h or ot ller
int eg ral
mat t ers of concern.
Th ank
you
for
t aking
t h e t ime t o read
my
adnl
t t edly leng t h y cover let t er. I
s imp ly
want ed t o
convey
t h e
deg ree
of
exp ert is e
and
knowledg e
t h at I h ave wit h t h is
s ubject
mat t er,
and
exp res s my
ent h us ias m for t h e
cons ult ing p os it ion.
Pleas e feel free t o cont act
me for furt h er informat ion oj
document at ion,
if needed. I look forward t o
h earing
from
yO l!.
S~ cerely,
.~ - )
.- :A
.
- -
~ .._~ .
C-
e
I
., )
_J :ich a!Y ~ , - .awrence, Es q.
Enclos ures : Rs um
;
Y ale J ournal
of
Medicine and L aw wit h art icle on
p ag e
33.
00006296
4 L i n c o l n Ave,
B r a n f o r d , CT 06405
ZACHARYT.
L AWRENCE,
Esq.
H:
203.444-3970
ZL a w r en c eEsq@ g m a i l ,c o m
EDUCATION
Wester n New
En g l a n d Co l l eg e
Sc ho o l o f
L a w ,
Sp r i n g f i el d , MA
( Rec en tl y r en a m ed Wester n New
En g l a n d
Un i ver si ty )
J u r i s
Do c to r , Sp r i n g
2009
Aw a r d ed B est P l a i n ti f f Or a l
Ar g u m en t, Ap r i l
2007
Ma ssa c hu setts
Co n ti n u i n g L eg a l Ed u c a ti o n Cr ed i t
( CL E) , Sp r i n g f i el d , MA
B a si c s o f Di vo r c e
P r a c ti c e,
Ap r i l
2010
In tr o d u c ti o n to El ec tr o n i c
Di sc o ver y , Sep tem b er 2010
Fu n d a m en ta l s o f Ci vi l Mo ti o n
P r a c ti c e, Ap r i l
2011
Ha m p shi r e Co l l eg e, Am her st, MA
B a c hel o r o f
Ar ts, Ma y
2005
Co n c en tr a ti o n :
So c i o l o g i c a l Stu d i es o f Mo d em a n d
Devel o p i n g Na ti o n s
.
Sel f -d esi g n ed p r o g r a m
o f
stu d y c o n c er n i n g
va r i o u s
ec o n o m i c ,
so c i o l o g i c a l
a n d
p Ol i ti c a l i ssu es
i n c l u d i n g
en vi r o n m en ta l
c o n c er n s o f
Eu r o p ea n a n d Am er i c a n u r b a n
d evel o p m en t; m a c r o a n d m i c r o
ec o n o m i c s; c o n f l i c ts o f
i n ter est i n Ita l i a n m a ss
m ed i a ; f r eed o m o f
sp eec h
Issu es In 20th
c en tu r y Am er i c a ; c i vi l l i b er ti es In the Un i ted Sta tes
. Stu d i ed
l eg a l theo r y
a t Am her st
Co l l eg e s Dep a r tm en t o f
L a w ,
J u r i sp r u d en c e, a n d So c i a l
Tho u g ht
Am er i c a n
Un i ver si ty
o f
Ro m e, Ro m e, Ita l y
Co u r sew o r k In l i b er a l a r ts a n d c r ea ti ve
w r i ti n g ,
Fa l l 2001
-
Sp r i n g
2002
WORK EXP ERIENCE
New Ha ven Ad u l t
Ed u c a ti o n , New Ha ven P u b l i c Sc ho o l
Di str i c t, New
Ha ven , CT
Tea c her s Assi sta n t f o r
En g l i sh a n d So c i a l
Stu d i es, J a n 2012 -
P r esen t
.
Cu r r en tl y tea c hi n g En g l i sh, Ci vi c s a n d va r i o u s So c i a l Stu d i es
c o u r ses
Asn u n tu c k
Co m m u n i ty Co l l eg e, En f i el d , CT
Ad j u n c t P r o f esso r o f P Ol i ti c a l
Sc i en c e, J a n 2011- J u n e 2011
.
Ta u g ht
"Sta te a n d L o c a l Go ver n m en t"
. Ad vi sed
stu d en ts,
p r esen ted l ec tu r es, p er f o r m ed a l l
g en er a l tea Chi n g f u n c ti o n s
Fei n , Em o n d &
Ap p l eb a u m , P .C"
Sp r i n g f i el d , MA
L a w
Cl er k, J u n e 2007 -
Oc to b er 2011
. Cer ti f i ed L a w Cl er k u n d er
Su p r em e J u d i c i a l Co u r t Ru l e 3,03
Wr o te a n d f i l ed
p l ea d i n g s a n d m o ti o n s
.
Co n d u c ted
l eg a l r esea r c h w i th
r eg a r d s
to sta tu tes a n d c a ses
. Wo r ked o n So c i a l
Sec u r i ty a p p ea l s
f o r
In d i g en t c l i en ts
. P er f o r m ed
g en er a l d u ti es to
hel p
f a c i l i ta te the o f f i c e
en vi r o n m en t, e,g , p ho to c o p y i n g ,
o r g a n i z i n g f l i es,
m eeti n g w i th
c l i en ts, etc ,
In n o va ti o n s f o r
P o ver ty Ac ti o n ,
New
Ha ven , CT
Fr eel a n c e
Co p y Ed i to r , J u n e 2006 -
Au g u st 2006
.
Ed i ted va r i o u s a c a d em i c
p a p er s
f o r
n o n -p r o l i t ex p er i m en ta l ec o n o m i c s
o r g a n i z a ti o n
f o c u si n g o n m i c r o -l o a n s
Ya l e
Un i ver si ty ,
In ter d i sc i p l i n a r y Cen ter f o l
B l o ethl c s, New
Ha ven , CT
Resea r c h Assi sta n t a n d
Ed i to r ,
J u n e 2005 -
Au g u st 2006
.
Resea r c hed va r i o u s b i o ethl c a l
i ssu es,
i n c l u d i n g HIV/AIDS i n
d evel o p i n g c o u n tr i es, en d -o f -l i f e
i ssu es, the a vi a n f l u
p a n d em i c , stem c el l
r esea r c h,
a n d
m o r e
L a w r en c e, 1
00006297
Z a c h a r y
T.
L a w r e n c e ,
pg.
2
E d i t e d , fa c t c h e c ke d a n d c on t r i but e d t o a c a d e mi c
ma n us c r i pt s
for
publ i c a t i on by
Ya l e
U n i v e r s i t y Pr e s s a n d
ot h e r s ,
e .g.,
Th e Gr e a t Ri s k S h i ft
by
Pr of. Ja c ob S . Ha c ke r
( O x for d U n i v e r s i t y Pr e s s , S e pt . 30, 2006) a n d Th e Fut ur e of
Th e r a pe ul l c C l on i n g by
Pr of. S us a n O w e n
( i n pr ogr e s s )
. Re s e a r c h e d a n d w r ot e a
pol i c y
I n i t i a t i v e for t h e C on n e c t i c ut C ommi s s i on on C h i l d r e n
t i t l e d ,
I mpr ov i n g
t h e
W e l l - B e i n g
of O ur C h i l d r e n :
C l os i n g
t h e
Ga p B e t w e e n Re s e a r c h a n d
Pol l e y
. C on d uc t e d a n e x t e n s i v e l i t e r a t ur e r e v i e w
on gl oba l h e a l t h
gov e r n a n c e
for t h e Ya l e S c h ool of
E pi d e mi ol ogy a n d
Publ i c He a l t h
Ma i n t a i n e d a w or k
gr oup,
I n
c on j un c t i on w i t h
pr ofe s s or s fr om t h e Ya l e S c h ool of
E pi d e mi ol ogy
a n d Publ i c
He a l t h ,
foc us e d on i s s ue s of
d r ug
a d d i c t i on a n d me n t a l h e a l t h
S t a t e of C on n e c t i c ut Di v i s i on of Publ i c De fe n d e r
S e r v i c e s , S upe r i or C our t G.A.
23, Ne w
Ha v e n , C T
S e n i or
L e ga l I n t e r n , Ma y
-
Augus t
2004
I n t e r v i e w e d
pot e n t i a l c l i e n t s a n d
ga t h e r e d pe r s on a l I n for ma t i on
Re s e a r c h e d c a s e s a n d s t a t ut e s
. As s i s t e d w i t h
c omput e r pr ogr a ms I n c l ud i n g L e x i s - Ne x i s
Fa r n a m
Ne i gh bor h ood Hous e ,
Ne w
Ha v e n ,
C T
C oun s e l or a n d
V ol un t e e r , S umme r s 1998 -
2003
. Na t ur e a n d
S por t s Ac t i v i t y C oun s e l or for a n
I n n e r - c i t y y out h pr ogr a m
. Tut or e d
r e a d i n g
a n d
w r i t i n g
s ki l l s a n d a s s i s t e d
y out h s
w i t h h ome w or k
S KI L L S
L a n gua ge :
C omput e r :
C on v e r s a t i on a l
fl ue n c y
I n I t a l i a n
Mi c r os oft
W or d , Pow e r Poi n t , MS
O ffi c e , L e x l s - Ne x l s , I n t e r n e t
r e s e a r c h , mos t s t a n d a r d
c omput e r
fun c t i on s
S t r on g mul t i c ul t ur a l
a w a r e n e s s a n d s ki l l s h on e d
t h r ough e x t e n s i v e i n t e r n a t i on a l t r a v e l :
C a n a d a ; Me x i c o;
t h e
C a r i bbe a n ; C e n t r a l
Ame r i c a ; n ume r ous c oun t r i e s I n
W e s t e r n , C e n t r a l , a n d E a s t e r n
E ur ope ( l i v e d
i n
I t a l y
for 18
mon t h s ); Aus t r a l i a ; Ne w
Z e a l a n d ; E a s t Afr i c a
( Ke n y a
&
Ta n z a n i a ).
Dw i gh t
D. E i s e n h ow e r S t ud e n t Amba s s a d or t o Aus t r a l i a a n d Ne w
Z e a l a n d , 1994 -
1996.
Mul t i c ul t ur a l :
L a
W l e n c e ,
2
00006298
Request
for
Proposals (RFP)
at a Glallce
I Washington
State
UqUOI
Con...
http: / / w w w .1 iq.w a.gov / m alij uana/ rl- at- a- glance
Oontlidl rlv aoy Polloy A aoosslb lllty
Sell! iQ t L arWlreltj a POMI rtld b y J l.l
l~ , Translato
Search WSL CB Site
I I .I J I
Washingtoll
State
L iquor
Control Board
1 - 502
I m plem entation
liom e- Ua
nslng
Serv laes Enforoem ent A lcohol Education Careers Buslne- s8 Portal
Hom o
Offlc: lal StatGI I l6nt
I - 50; ! ~ 1 l1 1 TO> l; t
OrM
rleCllllm pl1 ctStatet1 1 & r\ t
F<lct81 1 00t
MQ s on )..ti02
t.ub llc florum &
Tlm ollno
Got ~ m lln Notlflcallons
Request
for
Proposals
RrP A tA Ghm co
RFP Tim ellne
Rule
Making
Proposed roclucor ~ lI le~
lof2
Request
for
Proposals (RFP)
at a Glance
Whalla A n RFP
The RFP process allow s priv ata clUzeneloom panles
to sub m it proposals to prov ld& spaclMed seNicosto I I gov ernm ent
egen, CY.
The Waahln{ llOrl Slate lI quorGonL rol Board (W8L GB)
1 8
aeaklng proposals for oonsultlng serv loes to asslsl iMlh the
I m plem elltsUon
of the le~ alfz: ed recreational m arij uana system enscted b y \ he v olers w lth I nitiativ e 602. More detailed
I nrorm atlon can b e round I n the RFP w hloh I s poaled on the w eas w ob eltG,
ConsUlting Serv lc a
sought
The WSL Ce an olpel& S that I I w ill seek consulting seNlces I n the follow ing categories:
1 . Produetllnd I ndustry Know lodge
This category I ncludes b llt I s nolllm lted to: how m ari! uana I s
grow n, cultiv ated, heNested, cur d erld processed, How
m ar1 j ualle I s I nfused I nlo food allCl pev erages, How m arij uana should b e
packaged, lab eled, transported and sold at a
re\ elllev el, How v .tlolesele end relall
producl should b e reoalled and aocounted ror, How m arij uana shoUld b e
destroyed
I f ov ar.produoed, oontam lnated or recalled.
2. ProduotClualttyStandards and Testrng
This oategory I noludea b ut I s not I I m ltod to: knoiMadgo of the I nfrastruClture 1 0 lest
m arlJ uanl1 1 0 ensl.lre producl quality,
content, lngredlento arid conSL m er safetyconslderaUons, The consuUnnl
I ntly
assist tlle WSL CB NI th
9 stab llshln[ l
quaHly atandardo for I t)stb lg,
~ ,
3. Prm luctUlI ago and Consum pUQ n V fllltllltlon
This
categcry I ncludes b ulls not "m 1 led 1 0: expertise to e9 Um nle
prodool u9 a(la
and tlons\ lm pUon lev els b y geographlo
a~ eM I n Weshlngton State.
4. Producl~ 9 ulat[ on
1 1 1 ls category lncludoa b ut is not lim ited to: El slron[ l understanding of Blat
,
I Mal orf daHlI gov ernm ent processes
and
procodurBs. The consultant
m ay
aaslst the WSL GB I n craftlno m arlJ U R syetem re(/ ulatlons.
A w ardI ng the Bid
Sub m llled
propoallls
WI ll b a ev alut- lted and scored hI accordance Wlh 1 1 1 6 RFP.
COnlI OCI (a) m ay b e aw arded as a result of the
RFP eV! L J all n process.
Tllrdl\ Uv o Schedulo
i Date
(201 3) Mtle.stf)&
I J a~ .1 1
: WSL CB lI stserv nolloe
...!
!
." _. - " ."_. - " - - ...._......_.... - _.- ...._.._..- ...._........ ...., .. ....
.j
I
J an. 1 7 RFP is pub lk: ly released v ia WEBS
I
fJ ~ ~ : "; ~ - -
:
Bidders Confere~ ; ~ at
~ e Gr~ ~ ie; Ta; ~ ~ a~ n~ o~ ; lon lI r1 ~ Trrut~ c~ n! ~ r, 1 1 ": 00; ~ : 1
! ~ ~ J : ~ : : ri~ ~ ti: ~ ~ d; ~ : ~ : : : : .: , ; : : ; : : ; ~ : ; ; ; ; ; ~ ; : ; ; - ; : : : : : : : : : : : : : :
- _.- .- .-
- 1
i. ................... . ......j
: Mar. 05
A pparant
Guccossful v endor announoed v la W8L Ca 1 1 stserv , etc,
j .""
. ..............."..._. ."", .".. , .............._..
j
! Mar. 20 A W<lrd oontraol
.- .- - " .
Q uestions
upon
rel9 8i1 of the RFP, all
proposer com m unications m ust b e dlrocted to the ProClllem ent Coordinator. A ll com m unications
m ust b e sub m itted I n w rlUng, Unalllh lzad conlact
(egarding this solicitation iMth other Stale
em pl yaeil, I ntludll1 lJ WSl.CB
om ployoO: l,
I nv olv ed w llh the 9 0llcltatlon
m ay
result hl
dlsquallflcallon. Proposera ahould
raly only on w rlllen stalem enls I ssued
b y I he Procurem ent Coortl! l\ alor.
Proourem ent Ooordlnator
Washington Stelle L iquor Control 80ard
3000 Paciflo A v e
O! ym plu, WA 9 0504
K430@J lq, w e.gov
2/ 61 201 31 : 1 0PM
00006299
i
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00006300
Norton.
Melissa K
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 12:11 PM
ZLawrenceEsq@gmail.com
WSLCB RFP K430
-
Rejection
Notification
K430_ZacharyTLawsrence_Rejection Letter.p df
Good
Afternoon,
Thank
you
for
submitting
a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
LiquorControl
Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00006301
Washington
State
Liquor
Control Board
February 25,
2013
Zachary
T.
Lawrence, Esq.
4 Lincoln Avenue
Branford,
CT 06405
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430; Initiative 502
Consulting
Services
Dear Mr.
Lawrence,
This letter is to infol111
you
that
your response
to
Request
for
Proposals (RFP)
K430 has beeu
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
p~ rt:
"...incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
c:omplete
and submit the
required
Itents listed in this section
may disqualif
the
Proposer from
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ehsure their
Proposal
is
complete. Proposer
failed to complete
and submit the
following required
items in
response
to RFP
K430:
Proposers
Authorized
Offer, Proposer Information,
Subcontractor
Information,
Non-Cost
Proposal
and Cost
Proposal. Proposer
submitted an
incomplete
and
vague response
ancl is tbus deemed
non-responsive
and
rejected
from fUliher
pmticipation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
prepaling
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Si~ ~ ti:...
John
Fa~ ./
/.
Procurement Coor inator
co: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00006302

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