HomeMy WebLinkAboutReso 03-25 Authorizing the City Manager to Enter into a MOU Accepting the Grant Award from the California DOJ under the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016
Reso. No. 03-25, Item 5.7, Adopted 01/14/2025 Page 1 of 2
RESOLUTION NO. 03 – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING ACCEPTING THE GRANT AWARD FROM THE CALIFORNIA
DEPARTMENT OF JUSTICE UNDER THE CALIFORNIA HEALTHCARE, RESEARCH AND
PREVENTION TOBACCO TAX ACT OF 2016
WHEREAS, Dublin Police Services staff conducted extensive research of underage
tobacco use in the City of Dublin and found continued use and possession of tobacco/nicotine
products in the local high schools and middle schools; and
WHEREAS, on February 4, 2020, the City Council adopted an Ordinance Amending
Chapter 4.40 to Title 4 of the Dublin Municipal Code prohibiting the sale of all flavored tobacco
products as well as electronic smoking devices within the City of Dublin; and
WHEREAS, in an effort to increase enforcement of underage tobacco use, Dublin Police
Services submitted a grant application to the California Department of Justice; and
WHEREAS, the California Department of Justice recently awarded Dublin Police Services
Tobacco Grant Program funds in the amount of $60,950 through the California Healthcare,
Research and Prevention Tobacco Tax Act of 2016; and
WHEREAS, the Tobacco Grant Program also provides funding for personnel overtime
costs for additional tobacco enforcement operations/education; and
WHEREAS, Dublin Police Services will submit quarterly invoices to the California
Department of Justice outlining the operational costs to meet the enforcement goals; and
WHEREAS, the California Department of Justice agrees to reimburse the City of Dublin for
the actual expenditures in performing the Scope of Work included in the approved Grant
Application.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
authorizes the City Manager to enter into a Memorandum of Understanding with the California
Department of Justice accepting the Tobacco Grant Program funds (including incurring grant-
related expenses and receiving reimbursement for those expenses) included as Exhibit A, and
as shown in the Tobacco Grant Summary Award included as Exhibit B, and Tobacco Grant
Program Grantee Handbook included as Exhibit C.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendments to the Memorandum of Understanding, including increasing funding provided in the
original Grant Agreement, and make any necessary, non-substantive changes to carry out the
intent of this Resolution.
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Reso. No. 03-25, Item 5.7, Adopted 01/14/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following
vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu
NOES:
ABSENT:
ABSTAIN:
ATTEST:
______________________________
Mayor
_________________________________
City Clerk
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Exhibit A to Resolution
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Tobacco Grant Program
GRANT SERVICES BRANCH -LOCAL ASSISTANCE
DIVISION OF OPERATIONS
TOBACCO GRANT SUMMARY OF AWARD
DOJ-PROP56-2024-25-1-021
DUBLIN POLICE SERVICES
This Summary of Award document will be used by the Tobacco Grant Program when determining
whether an activity or expense claimed was approved for funding and is reimbursable. Activities other
than those presented here may not be reimbursable. A Grant Modification may be necessary _for
material deviations. Please consult with your Grant Program Officer before engaging in any activity
beyond this scope.
By signing the Memorandum of Understanding, your agency agrees to the commitments outlined
_below and this document-becomes part of the Grant Agreement.
AWARD SUMMARY
Award Amount: $60,950
Removed from Award: N/A
Other Changes or Stipulations: N/ A
Requested Amount: $60,950
Reduced Line Items: N/A
IMPORTANT PROVISIONS FOR ALL GRANTEES
I.Enforcement Activities
a.Authorized -If enforcement activities were proposed, only activities that target retailers
for illegal sales/marketing of tobacco products were approved. It is expected that the
flavor ban will be enforced within one or more enforcement activities.
b.Unauthorized -Community or school patrols, or other enforcement actions related to
tobacco use and possession, are not permitted.
II.Educational Activities
a.Authorized -Retailer and/or officer educational activities on tobacco laws and
ordinances, if included, are authorized as noted below.
b.Unauthorized -School or community education efforts, including media campaigns, are
not permitted as part of this award. All educational efforts should be directed to
retailers and/or officers.
Ill. Removed Personnel or Other Items
10/16/2024 Page 1 of 3
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TOBACCO GRANT PROGRAM
GRANTEE HANDBOOK
APRIL 2024
ROB BONTA
Attorney General
OFFICE OF THE ATTORNEY GENERAL
Exhibit C to the Resolution
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HANDBOOK FOR GRANTS MADE BY THE CALIFORNIA DEPARTMENT OF JUSTICE (DOJ) TO LOCAL
AGENCIES UNDER PROPOSITION 56, THE HEALTHCARE, RESEARCH AND PREVENTION TOBACCO TAX
ACT OF 2016 (ACT)
All items contained in this Handbook are subject to change.
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TABLE OF CONTENTS
GRANT TERMS AND CONDITIONS ....................................................................... 3
Award Acceptance ............................................................................................................. 3
Required Opening Documents .............................................................................................................. 3
Grant Agreement .................................................................................................................................. 4
Start of Grant Activities ......................................................................................................................... 4
Declination of Award ............................................................................................................................ 4
Performance Compliance, Audit, and Responsibility ........................................................... 4
Reviews of Performance and Compliance ............................................................................................ 4
Non-Assignment .................................................................................................................................... 4
Procurement of Goods or Services ....................................................................................................... 4
Supplanting ........................................................................................................................................... 5
Overpayment of Funds ......................................................................................................................... 5
Project Income ...................................................................................................................................... 5
Non-Use of Funds .................................................................................................................................. 5
Non-Compliance ................................................................................................................................... 6
Withholding of 10% Pending Closeout ................................................................................................. 6
Audits .................................................................................................................................................... 6
DOJ Grant Management ..................................................................................................... 7
Access .................................................................................................................................................... 7
Funding .............................................................................................................................. 7
Cost Criteria ....................................................................................................................... 7
Allowable .............................................................................................................................................. 7
Reasonable ............................................................................................................................................ 8
Allocable ................................................................................................................................................ 8
Project Costs ...................................................................................................................... 8
Personal Services (Personnel) ............................................................................................................... 8
Operating Expenses and Equipment ..................................................................................................... 8
Administrative Costs ........................................................................................................................... 10
Restricted Items ............................................................................................................... 10
Record and Materials Maintenance .................................................................................. 11
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Records Retention Period ................................................................................................................... 11
Records to Maintain ............................................................................................................................ 11
Tobacco Products ................................................................................................................................ 11
Equipment ........................................................................................................................................... 11
Use of Submitted Data ..................................................................................................... 11
Public Records Act Notice ................................................................................................. 12
GRANT MANAGEMENT ..................................................................................... 13
Invoicing .......................................................................................................................... 13
Invoice Packages ................................................................................................................................. 13
Other Requirements ........................................................................................................................... 13
Invoicing Frequency and Deadlines .................................................................................................... 13
Reporting Requirements .................................................................................................. 14
Quarterly Progress Reports ................................................................................................................. 14
Enforcement Data Requirement ......................................................................................................... 14
Reporting Frequency and Deadlines ................................................................................................... 14
Modifications ................................................................................................................... 14
Budget Modifications .......................................................................................................................... 14
Grant Modifications ............................................................................................................................ 15
Extensions ........................................................................................................................................... 15
Closeout .......................................................................................................................... 15
DEFINITIONS ..................................................................................................... 16
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GRANT TERMS AND CONDITIONS
By accepting these funds, your agency agrees to comply with, and be bound by, the conditions set forth
in the Memorandum of Understanding (MOU) and documents incorporated by reference including the
Request for Proposals (RFP), Program Regulations, Summary of Award, and this Handbook.
AWARD ACCEPTANCE
REQUIRED OPENING DOCUMENTS
Agencies must complete and submit each of the following documents in order to receive
reimbursement from DOJ. Documents should be sent via email to TobaccoGrants@doj.ca.gov.
Letter of Intent
Your award is not final upon initial notification. A Letter of Intent (LOI) to accept the award will be
attached to the award notification. An awarded agency must affirm that either (1) it will seek a
resolution to accept the award, if your agency has a governing body, or (2) no governing body exists and
no resolution is required.
In order to officially accept the award, an awarded agency must return the completed, signed LOI within
15 calendar days of the date of the award letter.
Governing Body Resolution
If the awarded agency has a governing body from which it requires approval, the agency must submit a
resolution from this governing body to DOJ in order to formally accept the grant. Once notified of
selection, the awarded agency should promptly request the resolution to avoid funding delays.
The resolution must authorize the applicant to enter into agreement with DOJ, incur grant-related
expenses, and receive reimbursement for those expenses. Also, the resolution should expressly
authorize future amendments, if any, for the purpose of increasing funding provided in the original
Grant Agreement, without an additional resolution from the governing body.
Government Taxpayer ID Form
The Governmental Taxpayer ID form is required in order for DOJ to reimburse your agency for grant
expenses.
Summary of Award
The Summary of Award must be completed to reflect any reductions, restrictions, or requested revisions
communicated by DOJ.
Memorandum of Understanding (MOU)
In order to be eligible for reimbursement of expenditures under the grant and start grant activities, an
MOU between DOJ and the awarded agency is required. The MOU must be approved by a duly
authorized representative of your agency or your agency’s governing body.
The MOU and other accompanying documents must be returned to DOJ via email to
TobaccoGrants@doj.ca.gov within 90 calendar days of receipt.
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GRANT AGREEMENT
The Grant Agreement represents the final agreement between DOJ and a Grantee that sets forth the
terms and conditions of the Grant. The Grant Agreement includes the executed MOU, Request for
Proposals (RFP) and associated documents, Summary of Award, Budget Detail, and this Handbook.
START OF GRANT ACTIVITIES
As noted above, prompt action to obtain the Governing Body Resolution (if the agency has a governing
body) is imperative to start activities in a timely manner.
Once DOJ has signed the fully-executed MOU and verified that all required opening documents have
been completed, the Grantee may begin funded activities and be eligible for reimbursement of
expenditures.
DECLINATION OF AWARD
DOJ will consider an award declined in one the following instances:
•Failure to return the LOI within 15 calendar days of the date of the Award Letter;
•Failure to execute the MOU and any other required documents within 90 calendar days of the
date sent by DOJ; or
•Written notification from the awarded agency that they do not wish to accept the grant award.
PERFORMANCE COMPLIANCE, AUDIT, AND RESPONSIBILITY
REVIEWS OF PERFORMANCE AND COMPLIANCE
Grants and funding are subject to performance compliance reviews by DOJ and/or its designee in the
form of site visits and other meetings, interviews with Grantees, contractors and other stakeholders,
and review of relevant documents.
NON-ASSIGNMENT
The Grantee is the responsible agency and may not transfer or assign the grant to another entity.
PROCUREMENT OF GOODS OR SERVICES
The Grantee shall follow its own written procurement policies and procedures when procuring goods or
services for activities relating to performance of the grant. All documents related to the procurement of
goods or services shall be maintained by the Grantee for the records retention period of five years and
copies shall be provided to DOJ when requesting reimbursement.
Use of Contractors
Grantees may contract for services under the following conditions:
•Contractor services must be clearly included within the Grantee’s approved Summary of Award
and limited to the purpose of achieving the grant objectives specified.
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•Grantees shall have a written agreement with each contractor and, prior to execution, shall
submit a copy of the agreement to DOJ for review of alignment with the Summary of Award and
provisions of the Grant Agreement as applicable.
•Grantees are responsible for ensuring that each contractor complies with the Grant Agreement,
including, if applicable, collecting and reporting of progress and inspection data and
disallowance of supplanting and restricted items.
•Contracting shall not affect the Grantee’s overall responsibility for the management of a Project,
and the Grantee shall reserve sufficient rights and control to enable it to fulfill its responsibilities
for the grant.
SUPPLANTING
Supplanting is prohibited. Supplanting is defined as using grant funds to pay for costs that are already
funded within your agency’s budget, or for which other funding has already been received, in order to
reallocate existing funding to other purposes. The effect of supplanting would be to reduce the total
amount that would have been available for the purpose stated in the application or grant agreement.
If DOJ or the California State Auditor identifies that supplanting has occurred, DOJ may pursue remedies
for non-compliance.
OVERPAYMENT OF FUNDS
If an agency is inadvertently reimbursed for more than the amount expended, the overpayment of funds
must be returned to DOJ. If the grant for which the funds are being returned is still active (within the
term of the MOU), then the returned funds can be shown as a credit on the next claim submitted for
reimbursement. If the grant term has ended, the agency must return the funds within 90 days of notice
of overpayment. Checks should be made payable to the California Department of Justice and mailed to:
California Department of Justice
Division of Operations
Tobacco Grant Program – 8th floor
P.O. Box 160187
Sacramento, CA 95816
PROJECT INCOME
Income generated from a project, if any, may be reinvested by the Grantee into the project for which
the grant was awarded, returned to DOJ, or DOJ may approve other uses by the Grantee in accordance
with the general purposes of the grant. Project income does not include fines, penalties, legal costs,
attorney’s fees, or other property collected as a result of enforcement actions by the Grantee.
NON-USE OF FUNDS
Grantees are expected to start operations within six months of the execution date of the MOU, or
approved start date, and are responsible for advising DOJ if they are unable to do so.
Grantees who have not started their project and expended any funds within the first year of the
beginning of the grant term shall forfeit their award.
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NON-COMPLIANCE
In the event a Grantee fails to comply with any of the terms and conditions of the California Healthcare,
Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement, DOJ will notify the Grantee
in writing.
In the event DOJ and a Grantee are unable to resolve a Grantee’s non-compliance with the terms and
conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant
Agreement within 30 calendar days of the written notice, DOJ may take one or more of the following
actions:
•Withhold payments
•Recover funds paid to the Grantee
•Impose additional conditions on the Grantee
•Terminate the Grant Agreement
•Disqualify the Grantee from consideration for future grants
WITHHOLDING OF 10% PENDING CLOSEOUT
DOJ may withhold the final reimbursement claim(s) or 10% of the grant amount, whichever is more,
pending approval by DOJ of the final Quarterly Progress Report (QPR).
AUDITS
Grantees and sub-recipients are subject to audit by both the California State Auditor and DOJ (Rev. &
Tax. Code, § 30130.56, subdiv. (a)). In addition to formal audits, DOJ may conduct site visits and request
other meetings with reasonable notice. Grantees are expected to be available for these meetings. All
documentation related to the receipt and use of grant funds shall be made open to inspection upon
request by the California State Auditor and/or DOJ.
Grantees are subject to a financial compliance review in the form of an audit, an agreed-upon-
procedure, and/or both. A review will be conducted in accordance with the Generally Accepted
Government Auditing Standards and Revenue and Tax Code, sections 30130.56 and 30130.57,
subdivisions (e)(1), (f) & (g), designed to accomplish any one or more of the following: to monitor
compliance with the requirements of the grant program and the terms and conditions of the grant
agreement; to assess the quantity, quality, timeliness and cost of services the Grantee produces and
delivers under the terms and conditions of the grant agreement; and to assess the performance of any
contract entered into by a Grantee relating to a grant.
Grounds for Audit Exception
One or more of the following shall be grounds for an audit exception, which may require the refund of
amounts paid with grant funds:
(1)Failure to fully complete the work or services described in the Summary of Award document;
(2)Failure to assess the performance of any contract entered into by a Grantee; or
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(3)Failure to maintain documents, records, receipts, and financial accounts supporting the
expenditures reimbursed with grant funds.
DOJ GRANT MANAGEMENT
Each agency will be assigned a Grant Program Officer from DOJ for assistance with implementation and
oversight of the agency’s specific grant program throughout the life cycle of the grant. Grant Program
Officers will maintain regular communications with their agencies and will provide administrative
direction and guidance.
ACCESS
Upon reasonable notice, Grantees shall allow DOJ access to the records of the project, the project sites
(if applicable), and any employees or contractors who may reasonably have information related to the
project. Also, upon reasonable notice, Grantees shall allow DOJ to accompany the Grantee on project-
related activities.
FUNDING
All expenses claimed for reimbursement, including contracted services, must already be paid by the
Grantee. Expenses incurred by subcontractors as part of the project must be invoiced to and paid by the
Grantee for reimbursement. DOJ will not reimburse any amount greater than the actual cost of the
expenses to the Grantee.
Goods and services must be received, invoiced, and paid by the Grantee during the Grant Term in order
to be eligible for reimbursement. Any funds spent after the expiration of the Grant Agreement cannot
be reimbursed, regardless of when they were obligated or problems with vendor fulfillment.
COST CRITERIA
ALLOWABLE
In general, costs must meet all of the following general criteria to be allowable. An allowable cost must:
•Be reasonable for the performance of the grant, and allocable to the grant
•Be accorded consistent treatment
•In the event a cost is assigned in one way and another cost incurred for the same purpose in like
circumstances was previously allocated in the agency’s budget in another way, the Grantee shall
provide a description of both the current and the prior assignments. The description shall be
sufficient for DOJ to ascertain whether or not funds have been supplanted.
•Be adequately documented
•Comply with the California Healthcare, Research and Prevention Act and terms and conditions of
the Grant Agreement
•Not be disallowed under the terms of the Grant Agreement
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•Comply with applicable laws and regulations
REASONABLE
A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a
prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
In determining the reasonableness of a given cost, consideration will be given to:
•Whether the cost is generally recognized as ordinary and necessary for the proper and efficient
performance of the grant
•The requirements of the grant program and the terms and conditions of the grant agreement
•Market prices for comparable goods or services for the geographic area
•Whether the Grantee deviates from its established practices and policies regarding the
incurrence of costs, which may unjustifiably increase a cost
ALLOCABLE
A cost is allocable to the grant if the cost is incurred for grant-related activities.
Unless otherwise provided for in the grant agreement, if a cost is incurred for the performance of grant-
related activities and also for other non-grant-related activities, and benefits both grant and non-grant
activities, the proportion that is incurred for the performance of grant-related activities may be
approximated using reasonable and properly documented methods and assigned to the grant.
PROJECT COSTS
Project costs may include the reasonable and necessary cost of tobacco-enforcement related items
required to conduct grant-related operations. Specific costs that may be supported by funds awarded
under the Tobacco Grant Program are as follows:
PERSONAL SERVICES (PERSONNEL)
Salaries, overtime, and benefits are allowable expenses as approved within the Grantee’s budget.
Amounts claimed must be based on actual wages and supported by payroll and attendance records kept
by the agency and must be made available to DOJ upon request.
OPERATING EXPENSES AND EQUIPMENT
Equipment
Equipment that directly supports the applicant’s project proposal may be purchased using grant funds if
approved within the Grantee’s budget. Equipment should be purchased within the first year of the
project in order to maximize its utility during the grant term. Acceptable documentation for equipment
purchases include copies of receipts and proof of payment (copies of checks or credit card statements).
Maintenance of property records related to equipment is required.
Travel
Travel by Grantees for tobacco-related grant activities (if approved within the Grantee’s budget) shall be
in accordance with the State of California’s written travel policies, and subject to any further
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requirement in the grant agreement. Travel that directly supports the applicant’s project may be
reimbursed using grant funds subject to limitations indicated below.
Out-of-state travel requires prior approval and may be subject to additional restrictions.
Travel Cost and Reimbursement Limitations
Travel may be billed and reimbursed only as allowed by the State of California’s established travel
reimbursement rates in effect as of the date(s) of travel and must be included in the approved budget.
Travel expenditures that exceed the State's allowable rates will be reimbursed only up to the amount
allowed and the Grantee will be responsible for the balance.
Travel costs may only consist of the reasonable and necessary charges for commercial fares, public
transportation, private vehicle, overnight and day parking of private or rental vehicles, bridge and road
tolls, meals, lodging, and incidentals, incurred for travel necessary for the performance of the grant.
Documentation of Travel Expenses
Travel costs shall be substantiated by receipts made available to DOJ upon request for reimbursement.
Acceptable documentation of travel expenses includes copies of receipts for meals, lodging, etc., and if
applicable, completed agency mileage forms. All receipts must show ‘paid’.
Training
Each grant recipient should send at least one representative to a workshop offered by the Tobacco
Grant Program during the first year of each grant award.
All trainings must be Tobacco Grant-related. If the training is not offered by DOJ and specifically related
to the Grant Agreement, then prior approval must be sought. To obtain prior approval for training, the
Grantee must submit specific training information (e.g., flyer, agenda, registration notification, etc.) to
confirm it covers tobacco-related content. No portion of training covering non-tobacco topics (e.g.
alcohol, cannabis, or other drugs) will be reimbursable. Acceptable documentation for reimbursement
of training expenses includes copies of receipts, proof of payment, and training information and
approval notification from DOJ as noted above. Any travel associated with the training must comply with
travel requirements noted above.
Other Expenses
Supplies and Materials
Supplies and materials that directly support the applicant’s project and are not restricted items may be
purchased using grant funds. Items in this category must not meet the definition of Equipment and may
be consumable.
All items which include artwork and/or anti-tobacco messaging require pre-approval from DOJ. As a
guideline, the anti-tobacco logo/message must be the prominent feature and should be at least 25%
larger than any other logo/message in the design. If there is a front and back to an item, the anti-
tobacco logo/message must be placed on the front.
Examples of allowable supplies/materials (if approved in the budget) include but are not limited to:
•Education materials (pamphlets, brochures, flyers).
•Community outreach items (e.g., pop-up tent, table, tablecloth, prize wheel).
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•Promotional materials with an anti-tobacco message (e.g., hats, t-shirts, pencils/pens, water
bottles, draw string/reusable bags, lanyards). The anti-tobacco messaging should be
predominant and can be an image and/or text. Approval of logo/messaging is required from
DOJ prior to purchase of the items.
Operating Costs
Examples of allowable operating costs (if approved in the budget) include, but are not limited to:
•Contracts and inter-agency agreements.
•Cell phone, including monthly service costs, allocable to grant project activities.
•Media campaigns (prior approval of logos, language/statements to be used, pictures/graphics,
etc., must be obtained from DOJ prior to expenditure of funds).
•Office equipment (e.g., laptop/PC/printer) allocable to the grant project activities.
•Video/Audio recording devices (for enforcement operations).
•“Buy Money” used in the course of enforcement operations.
ADMINISTRATIVE COSTS
Administrative costs, if included in the Grantee’s budget, are limited to no more than 5% of direct
project expenses (See Rev. & Tax. Code, § 30130.57, subd. (f) and (g)).
RESTRICTED ITEMS
Grant funds shall not be used to purchase items that are considered restricted and/or intended for
personal use. Examples include but are not limited to:
•Ammunition
•Awards
•Award certificates
•Balloons
•Briefcases
•Calendars (decorative)
•Cleaning supplies
•Coffee pots and supplies
•Drones
•Facilities lease/rent
•Facilities renovations
•Firearms and related accessories (scopes, holsters, racks, etc.)
•Food, beverages, and any other consumables (including for meetings/conferences)
•Gift Cards
•Hand sanitizers
•K9
•Kleenex/tissue papers
•Luggage
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•Luggage carriers
•Pepper spray
•Personalized products used to advertise an agency and/or programs (e.g., pens, magnets) that
are not specific to an anti-smoking/anti-tobacco campaign
•Picture frames
•Plastic eating utensils
•Portable fans
•Portable heaters
•Refrigerators
•Ribbons
•Uniforms and standard complement items (battle dress uniforms, vests, boots, etc.)
•Vehicles and/or vehicle trailer purchases (vehicle usage, leases, fees, and mileage
reimbursement are allowable)
If there is a question about whether an item will be approved for reimbursement, then prior approval
from the Tobacco Grant Program should be sought.
RECORD AND MATERIALS MAINTENANCE
RECORDS RETENTION PERIOD
Your agency must maintain grant records for the retention period established by your agency for those
types of records OR for five years after a grant is closed out by DOJ, whichever is longer.
RECORDS TO MAINTAIN
Your agency must maintain records relating to the application, grant agreement, budget, and
performance of projects. These records include, but are not limited to, reports of enforcement activities,
educational programs, policy programs; personnel activity records; payroll records; travel claims;
receipts; documents showing the calculation or methodology for determining whether funds were
supplanted; and documents showing the calculation or methodology for determining administrative
costs.
TOBACCO PRODUCTS
Grantees shall retain and preserve the tobacco products purchased or otherwise obtained during the
course of performing a project, and the purchase records for such tobacco products, in accordance with
the Grantee’s written policies regarding retention, destruction or forfeiture of such items.
EQUIPMENT
Grantees shall maintain property records for the records retention period for each item of tangible
property considered as equipment.
USE OF SUBMITTED DATA
Data submitted pursuant to the Grant Agreement may be compiled for DOJ use.
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PUBLIC RECORDS ACT NOTICE
Grant documents, including correspondence, are considered public records and subject to the disclosure
requirements of the California Public Records Act (CPRA) as solely determined by DOJ.
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GRANT MANAGEMENT
INVOICING
INVOICE PACKAGES
Submit invoices using DOJ-provided forms with all required attachments via email to
TobaccoGrants@doj.ca.gov.
A complete invoice package must include:
•The invoice cover page signed by the agency representative;
•The invoice detail pages; and
•Documentation of costs incurred and their subsequent payment for all Operating Expenses and
Equipment (Section B) claimed. Goods and services received must be shown to have been paid
in full.
Grantee must be in possession of supporting documentation for all claimed expenses prior to requesting
reimbursement.
OTHER REQUIREMENTS
Prior to authorizing reimbursement on invoices submitted, DOJ will compare expenses claimed against
all required reporting.
INVOICING FREQUENCY AND DEADLINES
Invoices, or requests for reimbursement, must be submitted quarterly (in arrears) by the deadlines listed
below. If the date falls on a weekend or holiday, the reimbursement package will be due on the next
business day:
Table 1. Invoicing Timeline
Quarter Date Range Covered
(based on payment dates)
Due Date
Summer July 1 – September 30 October 15
Fall October 1 – December 31 January 15
Winter January 1 – March 31 April 15
Spring April 1 – June 30 July 15
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REPORTING REQUIREMENTS
QUARTERLY PROGRESS REPORTS
Quarterly progress reports (QPRs) must be submitted electronically using a unique link and instructions
sent by DOJ via email prior to each report due date. Grantees are expected to describe grant activities
undertaken pursuant to the grant during the reporting period.
ENFORCEMENT DATA REQUIREMENT
Grantees performing tobacco retail enforcement or inspections must provide supplemental data
regarding these activities on the same schedule as QPRs. This data must be submitted separately to
TobaccoData@doj.ca.gov using the DOJ-provided form.
REPORTING FREQUENCY AND DEADLINES
Reports referenced below must be submitted quarterly by the deadlines listed below. If the date falls on
a weekend or holiday, the report will be due on the next business day.
Table 2. Reporting Timeline
Quarter Date Range Covered
(based on activity dates)
Due Date
Summer July 1 – September 30 October 15
Fall October 1 – December 31 January 15
Winter January 1 – March 31 April 15
Spring April 1 – June 30 July 15
MODIFICATIONS
Grantees seeking to modify any aspect of their grant should first contact their Grant Program Officer by
emailing TobaccoGrants@doj.ca.gov for assistance. Specific cut-off dates and limitations may apply.
BUDGET MODIFICATIONS
A Budget Modification is limited to moving funds from one fiscal year to another and/or realigning funds
between existing line items up to a 10% increase of the original amount awarded for any single line item
across all fiscal years. Budget Modification requests require the submission of the Modification Request
form and a revised Budget Detail.
Up to three Budget Modifications are allowed per fiscal year during the Grant Term.
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GRANT MODIFICATIONS
A Grant Modification involves change to the Grant Agreement that exceeds the scope of a Budget
Modification. Requests for a Grant Modification may propose changes to the use of grant funds, project
description, project timeline, or other changes related to the project or budget. Grant Modification
requests require submission of the Modification Request form including written justification of the need
for changes and description of how the proposed changes align with the grant award. Requests
modifying the budget require submission of a revised Budget Detail. Requests modifying goals and
activities require submission of a revised Summary of Award.
Only one Grant Modification is allowed during the Grant Term.
EXTENSIONS
DOJ cannot reimburse for any expenses paid after the end date of the Grant Term as specified in the
MOU. Flexibility to expend funds across four fiscal years is built into the MOUs. DOJ will not consider
requests to extend the Grant Term unless received by DOJ at least six months prior to the end date of
the MOU.
CLOSEOUT
DOJ shall conduct closeout review activities prior to closing out each grant to ensure that all necessary
administrative actions and projects have been completed by the Grantee. Closeout review activities
include, but are not limited to, review of required reporting, verification that any performance issues are
resolved, and verification that any audit or agreed-upon-procedure findings are resolved.
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DEFINITIONS
The following definitions apply to the Tobacco Grant Program:
Administrative Costs
The necessary and reasonable indirect expenses as allowed under the terms and conditions of the grant
agreement.
Application
An application is a request by an eligible agency to receive a grant from DOJ pursuant to Revenue and
Taxation Code section 30130.57, subdivision(e)(1).
Contractor
An entity or person, including a consultant, that enters into a contract with a Grantee to perform an
approved grant-related activity. May also be referred to as a “Partner.”
DOJ
The California Department of Justice.
Equipment
An item that has a per-unit acquisition cost of $5,000 or more and a useful life of at least one year.
Equipment should be purchased within the first year of the project in order to maximize its utility during
the grant term.
Grant
An award of financial assistance made to a Grantee, the principal purpose of which is the transfer of
funds to carry out a project of public benefit authorized and intended by Revenue and Taxation Code
section 30130.57, subdivision (e)(1), a Proposal, and the Grant Agreement between the Grantee and
DOJ.
Grant Agreement
The final agreement entered into between DOJ and a Grantee, which sets forth the terms and conditions
of the Grant. The grant agreement includes the executed MOU, Request for Proposals and associated
documents, Summary of Award document, Budget Detail, and this Handbook.
Grant Program Officer
A DOJ staff member assigned as the primary point-of-contact for Grantees with regards to the
implementation and administration of the grant. Formerly titled “Grant Administrator.”
Grant Term
The period of time provided for in the Grant Agreement. Previously referred to as “Grant Duration.”
Grantee
A local agency to which a Grant is awarded.
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Inspection Data
Information regarding retailer inspection or enforcement activity by a Grantee under the terms of the
grant agreement, including, but not limited to, information about retailer location, retailer violations,
retailer inspections, and retail-related citations, licensing actions, administrative proceedings, diversion
proceedings, and prosecutions. Inspection data includes information regarding such activities whether
or not a violation was found or a citation was issued. A grant agreement may contain further
information about what constitutes inspection data, how it is to be gathered and retained by a Grantee,
and how and when it is to be reported to DOJ.
Letter of Intent (LOI)
A document affirming an awarded agency’s intent to accept the grant award.
Local Law Enforcement Agency
A local government entity, such as a county, city, district, public authority, public agency, and any other
political subdivision or public corporation that can support and hire law enforcement peace officers (as
defined in Penal Code section 830) and is authorized to:
(1)Investigate or conduct an official inquiry into enforcement of state and local laws, ordinances,
regulation, and policies related to the illegal sales and marketing of tobacco products to minors
and youth, or
(2)Prosecute or otherwise conduct a criminal or civil proceeding arising from the illegal sales of
tobacco products to minors and youth.
Project
An undertaking that is planned to conduct activities and achieve stated goals and objectives for which
funds were awarded by DOJ to a Grantee from the California Healthcare, Research and Prevention
Tobacco Tax Act of 2016 Fund.
Quarterly Progress Reports (QPRs)
Reports of grant-related activity performed in accordance with the approved project. Submission of
these reports is required on a quarterly basis.
Records Retention Period
The period of time after the grant is closed out that a Grantee must maintain records related to the
grant, which is at least five years from the date the grant is closed by DOJ.
Request for Proposals (RFP)
A solicitation for project proposals from eligible Local Law Enforcement Agencies.
Summary of Award
Document that contains the Grantee’s approved goals/objectives and budget narrative reflective of any
reductions and/or revisions.
Supplant
Using grant funds to pay for costs that are already funded within your agency’s budget, or for which
other funding has already been received, in order to reallocate existing funding to other purposes. The
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effect of supplanting would be to reduce the total amount that would have been available for the
purpose stated in the application or grant agreement.
Tobacco Products
The same meaning as in Revenue and Taxation Code section 30121.
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