HomeMy WebLinkAboutReso 27-21 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 Tax Act of 2016Reso. No. 27-21, Item 4.2, Adopted 04/20/2021 Page 1 of 2
RESOLUTION NO. 27 - 21
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 TAX ACT OF 2016
WHEREAS, Dublin Police Services Staff conducted extensive research of underage
tobacco use in the City of Dublin and found an increase in tobacco use and possession in the
high school and local 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 the Dublin
Police submitted a grant application to the California Department of Justice; and
WHEREAS, on December 31, 2020, the California Department of Justice awarded the
Dublin Police, Tobacco Grant Program funds in the amount of $847,639 through the California
Healthcare, research and Prevention Tax Act of 2016; and
WHEREAS, the Tobacco Grant Program provides funding for the salary and benefits of
an additional School Resource Officer for Fiscal Years 2021-22, 2022-23, and 2023-24; and
WHEREAS, the Tobacco Grant Program also provides funding for personnel overtime
costs for additional tobacco enforcement operations and for the one-time purchase of a
computer to track grant activities; and
WHEREAS, the Dublin Police 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 and the Scope of
Work included in the approved Grant Application; attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendments to the Memorandum of Understanding and make any necessary, non-substantive
changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote:
Reso. No. 27-21, Item 4.2, Adopted 04/20/21 Page 2 of 2
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Exhibit A
TOBACCO GRANT PROGRAM
FY 2020-21
GRANTEE HANDBOOK
DOJ-PROP56-2020-21-1
XAVIER BECERRA
Attorney General
OFFICE OF THE ATTORNEY GENERAL
February 2021
HANDBOOK FOR GRANTS MADE BY THE DEPARTMENT OF JUSTICE TO
LOCAL AGENCIES UNDER PROPOSITION 56, THE HEALTHCARE, RESEARCH
AND PREVENTION TOBACCO TAX ACT OF 2016 (THE ACT)
All items contained in this Handbook are subject to change.
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TABLE OF CONTENTS
PART I: GRANT APPLICATION GUIDE .......................................................
GENERAL INFORMATION.........................................................................
APPLICATION PROCESS..:.........................................................................
Applications. . a a a 0 6 0 0 5 4 0 s 0 0 0 0 0 4 1 1 4
Jointapplications........................................................................................
REVIEW, AWARD AND TERMS................................................................
AdministrativeReview......................................................................................................................... 7
MeritsReview....................................................................................................................................... 7
Notification of Award, Denial or Disqualification...............................................................................8
GrantAgreement.............. Roommate man 1 0 0 0 5 a a a a a 0 0 8 0 & a M 4 a a a a a a a a a a 0 B 0 a 0 a a ff a a a a 0 a a 0 6 1 0 9 8 0 1 0 4 a I a 0 4 1 0 1 1 1 0 0 0 0 0 0 0 6 6 & 1 4 a a a a 0 s 0 4 4 1 0 N 4 g 0 a 0 0 K s d 8
Access.................................................................................................................................................. a 8
Performance Compliance, Audit, and Responsibility........................................................................... 9
Reports.......................................................................................................................................1, ......... 9
Withholding of Ten Percent Pending Closeout..................................................................................... 9
Procurementof Goods or Services........................................................................................................ 9
Useof Contractors................................................................................................................................ 9
PROJECTREQUIREMENTS................................................................................................................10
AdministrativeCosts...........................................................................................................................10
ProjectCosts.......................................................................................................................................10
ProjectIncome...................................................................................................................................110
Overpaymentof Funds........................................................................................................................10
Recordsof Tobacco Products.............................................................................................................10
Travel..................................................................................................................................................11
EquipmentProperty Records..............................................................................................................11
Noncompliance........................................................................................................................I.......... 11
Closeout..............................................................................................................................................12
Allowable Costs; Reasonable Costs; Allocable Costs........................................................................12
Supplanting.........................................................................................................................................13
APPEALS.................................................................................................................. I ............................ 13
DEFINITIONS........................................................................................................................................ 14
PART11: GRANT OWNER'S MANUAL................................................................................................16
31
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GRANT ACCEPTANCE AND TERMS................................................................................................17
Award..................................................................................................................................................17
Termsa I I Conons.........................................................................................................................17
AllowableCosts..................................................................................................................................17
Supplanting.........................................................................................................................................19
RestrictedItems..................................................................................................................................19
ACCESSING AND MANAGING GRANT FUNDS............................................................................. 20
Invoicing............................................................................................................................................. 20
Modifications...................................................................................................................................... 21
RecordMaintenance........................................................................................................................... 22
Audits.................................................................................................................................................. 22
Reports................................................................................................................................................ 22
ClosingOut.........................................................................................................................................22
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PART I: GRANT APPLICATION GUIDE
S�Page
GENERAL INFORMATION
In accordance with the State Budget Act and the California Healthcare, Research and Prevention
Tobacco Tax Act of 2016 (Act), as added by Proposition 56, the California Department of
Justice ("Department") intends to distribute $28.5 million in FY 2020-21 to eligible local law
enforcement agencies for qualifying tobacco enforcement purposes. Any local government or
local government agency within the State of California that has authority to enforce tobacco -
related state laws or local ordinances is eligible to receive funds. Grant funds may be used to
support and hire law enforcement officers for programs that include, but are not limited to,
enforcement of state and local laws related to the illegal sales and marketing of tobacco,
including e-cigarettes, to minors. Grant funds will be awarded on a competitive basis in
accordance with the Department's funding priorities.
APPLICATION PROCESS
Applications
An eligible agency may submit one individual application.
Joint applications
An eligible agency may submit one or more joint applications in addition to, or in lieu of, an
individual application. A joint application should include, in addition to other requirements set
forth in the Request for Proposals, the following information.
• Identification of all entities that are jointly applying for the grant.
• A designation of the primary applicant and all secondary applicants.
• A statement from the primary applicant indicating that the primary applicant agrees to
assume responsibility for performance of the projects in the event a grant is made.
• A statement from each secondary applicant identifying and acknowledging each
responsibility that the secondary applicant shall assume in the event a grant is made to the
primary applicant.
• A statement setting forth the benefits and disadvantages reasonably likely to arise from
joint, as distinct from separate, performance of the project.
• A statement indicating whether any primary or secondary applicant is also submitting a
separate application or is a primary or secondary applicant in any other joint application,
and briefly identifying such application(s).
REVIEW, AWARD AND TERMS
Administrative Review
Applications will undergo an administrative review by the Department to determine whether the
application is timely, legible and complete, and whether the applicant agency is eligible. An
applicant may request the Department to amend its application; however, a request to amend an
application may be denied if the Department has already begun the merits review process for that
award period.
Incomplete, illegible and untimely applications and applications received from ineligible entities
will be disqualified. An applicant may appeal disqualification of its application.
All applications that are not disqualified in the administrative review will undergo a merits
review.
Merits Review
Applications that satisfy the administrative review shall be reviewed by a merits review
committee.
The merits review committee shall initially assess whether or not each proposed project is within
the scope of the Tobacco Grant Program. This will render a pass/fail score. The committee will
then evaluate and score applications that are within the scope based on the extent to which the
applications satisfy the scoring criteria set forth in the Request for Proposals, and on the extent to
which the applicants show capacity to comply with the Act's requirement to refrain from using
grant funds to supplant any existing state or local funding of activities that have the same
purposes as those of the Act, and with the administrative requirements of the grant.
The merits review committee shall make a funding recommendation for each application, other
than those that were disqualified or denied, based on the following factors:
• Amount of available funding.
• Amount of funding requested for eligible and meritorious activities.
• The merits of the application based on the scoring criteria set forth in the Request for
Proposals.
• The Department's funding priorities as articulated in the Request for Proposals.
• Indicia of support for the application from local stakeholders including, for example,
tobacco control and prevention programs; public health, health and human services, or
environmental health departments; local lead agencies; community or youth
organizations; and local elected officials.
• Indicia that the funds granted will not be used to supplant existing state or local funds
used for the same purpose.
The merits review committee shall provide its scoring and recommendations as to approval or
deniaI of applications, and as to the amount of funding for successful applications, to the
Attorney General and/or their designee.
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Notification of Award, Denial or Disqualification
The Department shall send out notice via email and hard copy to all applicants of
disqualification, denial, award, or other decision.
Notification of award does not authorize commencement of grant activities. Grant activities may
begin once the grantee receives a revised budget detail from the Department, but reimbursement
cannot be provided until a Memorandum of Understanding between the grantee and the
Department is fully executed.
Grant Agreement
A written and signed Memorandum of Understanding is required for all grants. The grant
agreement includes the Request for Proposals and associated documents, this Handbook, the
Application and any associated documents submitted in response to the Request for Proposals,
and the signed Memorandum of Understanding.
A grant agreement for a joint application includes, in addition to the items required for all grant
agreements, the following.
• Name of the primary grantee.
• Name of each secondary grantee.
• The division of funds between each grantee, if applicable.
• Name of the grant manager for the primary grantee.
• Name of the official contact for the grant for each secondary grantee.
• Name of the authorizing official for the primary grantee.
• Name of the authorizing official for each secondary grantee.
• Name of the fiscal or accounting official for the primary grantee.
• Approved designation, between the primary and each secondary grantee, of
responsibilities for performance of the grant.
• A statement from the primary grantee indicating assumption of responsibility for
performance of the project(s) in the event a grant is awarded.
• A statement from each secondary grantee identifying and acknowledging each
responsibility that the secondary grantee shall assume in the event a grant is awarded.
Access
Upon reasonable notice, grantees shall allow the Department 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 the
Department to accompany the grantee on project -related activities.
Performance Compliance, Audit, and Responsibility
Grants and funding are subject to performance compliance reviews in the form of site visits,
interviews with grantees, contractors and other stakeholders, and review of relevant documents.
This review may be performed by the Department or its designee.
• The grantee is the responsible agency and may not transfer or assign the grant to another
entity without prior written authorization from the Department.
• Grantees are subject to audit by the California State Auditor, as required by Revenue and
Taxation Code, section 30130.56, subdivision (a).
• Grantees are subject to a financial compliance review in the form of an audit, an agreed -
upon -procedure, 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.
Reports
Progress reports, final reports, and inspection data shall be submitted by the grantee to the
Department in accordance with the reporting requirements and deadlines set forth in the grant
agreement.
Withholding of Ten Percent Pending Closeout
The Department may withhold ten percent of the grant amount pending receipt %J the final report
by the Department, approval of the final report by the Department, resolution of performance
issues to the satisfaction of the Department, or resolution of audit findings prior to closeout.
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 (at least five years) and copies shall be provided to the Department when requesting
reimbursement.
Use of Contractors
Grantees may contract for services for performance of a project as set forth in the grant
agreement or with prior written approval from the Department.
• Contractor services must be for the purpose of achieving the grant objectives.
• Grantees are responsible for ensuring that each contractor complies with the grant
agreement, including, if applicable, collecting and reporting of inspection data.
• Contracting out 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.
• Grantees shall have a written agreement with each contractor and shall submit a copy of
the agreement to the Department.
PROJECT REQUIREMENTS
Administrative Costs
Administrative costs are the portion of staff time, office space, equipment and supplies needed to
operate the program. A Grantee shall not use more than five percent of the funds received for
administrative costs. See Revenue and Taxation Code, Section 30130.57 (f), (g).
Project Costs
Project costs may include the reasonable and necessary cost of tobacco products purchased
during grant -related enforcement operations and the reasonable and necessary costs incurred to
obtain identification documents and electronic payment services for use by minors or agents
during grant -related enforcement operations.
Project Income
Income generated from project, if any, may be reinvested by the grantee into the project for
which the grant was awarded, returned to the Department, or the Department may approve other
uses by the grantee of program income 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.
Overpayment of Funds
If an agency is inadvertently reimbursed for more than what it expended, the overpayment of
funds must be returned to the Department. 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 to:
California Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816
Records of 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.
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Travel
Travel costs of grantees are permitted for travel to/from tobacco -related trainings, meetings,
seminars, and/or workshops. All travel must be approved and included in the grant budget.
Travel by grantees shall be in accordance with the State of California's written travel policies,
subject to any further requirement in the grant agreement. Travel costs shall be substantiated by
receipts and these receipts shall be made available to the Department upon request for
reimbursement.
Out of state travel must be clearly specified in the grant budget or amendment because it requires
prior approval and may be subject to additional restrictions.
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. The State of California's written travel policies can be found online at
Nww.calhr.ca.gov/employ.ees/pages/travel-reimbursements.aspx,
Equipment Property Records
Grantees shall maintain property records for the records retention period for each item of
tangible personal property having a useful life of more than one year and a per -unit acquisition
cost of $5,000 or more.
Records Retention
Grantees shall maintain records relating to the application, grant agreement, scope of work,
budget, and performance of projects, for the records retention period established by the agency
for those types of records or for five years from the date the grant was closed out, whichever is
longer. 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.
Noncompliance
In the event a grantee fails to comply with the terms and conditions of the act or grant agreement
the Department will notify the grantee, and meet and confer to resolve the issue.
In the event the Department and a grantee are unable to resolve a grantee's non-compliance with
the terms and conditions of the Act or grant agreement, the Department may take one or more of
the following actions.
• Withholding of payments.
• Recovery of funds paid to the grantee.
• Imposition of additional conditions on the grantee.
• Termination of the grant agreement.
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• Disqualification from consideration for future grants.
Closeout
The Department 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 review of the final progress report due from the grantee to
ensure it is sufficient and complete, verification that any performance issues are resolved, and
verification that any audit or agreed -upon -procedure findings are resolved.
Allowable Costs; Reasonable Costs; Allocable Costs
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
another way, the grantee shall provide a description of both the current and the prior
assignments. The description shall be sufficient for the Department to ascertain whether
or not funds have been supplanted.
• Be adequately documented.
• Comply with the Act and terms and conditions of the grant agreement.
• Comply with applicable state and local laws.
• Not be disallowed under the terms of the grant agreement.
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.
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.
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Examples of allowable costs (if approved in the budget) include, but are not limited to:
• Cell phone including monthly service costs
• Community outreach items (e.g., pop up tent, table, tablecloth, prize wheel)
• Education materials (pamphlets, brochures, flyers)
• Media campaigns (Prior approval of logos, language/statements to be used,
pictures/graphics, etc. must be obtained from the Department prior to expenditure of
funds).
• Office equipment (laptop/PC/printer)
• Promotional items (hats, t-shirts, pencils/pens, water bottles, draw string/reusable bags,
lanyards). Approval of logo/messaging is required from the Department prior to purchase
of the items.
Video/Audio recording devices (minor decoy/shoulder tap operations)
Supplanting
Supplanting is prohibited. Grant funds may not be used 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. If funds awarded under this grant are used to
supplant existing agency resources previously allocated for the same purpose, the Department
may pursue remedies for non-compliance.
APPEALS
Actions that a grantee may appeal include:
• Disqualification of an application.
• Denial of an application in whole or in part.
• Imposition of additional conditions.
• Suspension or termination of a grant agreement.
Appeals must be in writing, postmarked within 30 calendar days of the date of the notification of
the action, and mailed to the Department at the address provided in the Request for Proposals.
An appeal must include:
• A copy of the notification or other communication from the Department.
• The name of the applicant or grantee, as applicable.
• A statement of the reasons the action by the Department should not be imposed,
including any documentation to support the appeal.
• A statement of the remedy sought by the appellant.
• Contact information for the appellant.
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• The signature of the authorized representative of the appellant.
Appeals not postmarked within 30 days as specified above will be denied. The action or actions
specified in the notification will remain in effect while the appeal is under review.
The Attorney General or designee who is employed by the Department and who is not a member
of the merits review committee will make the final decision regarding the appeal. The
Department will issue a decision on the appeal no later than 60 calendar days from the date the
appeal is received.
The remedy for an appeal that is successful in whole or in part may be provided either during the
course of the current funding cycle or in a subsequent funding cycle that may be during the
course of the following fiscal year, based on practicality and the availability of grant funds.
DEFINITIONS
The following definitions apply to this Handbook and the associated request for proposals:
• Administrative Costs. Administrative costs are the portion of staff time, office space,
equipment and supplies needed to operate the program. They include necessary and
reasonable indirect expenses as allowed under the terms and conditions of the grant
agreement, limited to five percent of the total award.
• Application. A request by an eligible agency to receive a grant from the Department
pursuant to Revenue and Taxation Code, Section 30130.57(e)(1).
• Contractor. An entity or person, including a consultant, that enters into a contract with a
grantee to perform an activity.
• Department. The California Department of Justice.
• 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 Request
for Proposals, and the grant agreement between the grantee and the Department.
• Grant Agreement. The final agreement entered into between the Department and a
grantee, or primary grantee in the case of a joint application, which sets forth the teams
and conditions of the Grant. The grant agreement includes the executed Memorandum of
Understanding, Request for Proposals and associated documents, application and
associated documents, and this Handbook.
• Grant Duration. The period of time provided for in the Grant Agreement.
• Grantee. A local agency to which a grant is awarded. A grantee includes a primary or a
secondary grantee as specified in a grant agreement arising from a Joint application.
• 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.
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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 the Department.
• Joint Application. A request to receive a grant that is submitted by more than one eligible
agency. A joint application includes a primary applicant and at least one secondary
applicant.
• Local Law Enforcement Agency. A division, department, board, office, section, or
branch of local government, or institution of public education, that employs one or more
persons appointed and duly sworn as a peace officer; city police department; county
sheriff's department; police protection and community services district; police or school
resource office of a K42 school district; police department of the University of
California, California State University, or California Community Colleges; city, district,
or county attorney's office; or any other local public agency that employs one or more
sworn peace officers.
• Project. An undertaking that is planned to conduct activities and achieve stated goals and
objectives for which funds were awarded by the Department to a grantee from the
California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund.
• 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.
• Supplant. Replace or reduce the amount of state or local funds currently being
appropriated or previously appropriated for a purpose because grant funds are available
or expected to be available to fund that same purpose. 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.
• Tobacco Products. The same meaning as in Revenue and Taxation Code, Section
3013050(b).
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PART IL• GRANT OWNER' S MANUAL
16�Page
GRANT ACCEPTANCE AND TERMS
Award
Your award is not final upon initial notification. A letter of intent to accept the award will be
attached to the award notification. Your 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 your award, your agency must
return the completed, signed letter of intent within 15 calendar days of the date of the letter to:
California Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816-0187
Your agency may begin engaging in funded activities once a revised budget detail is received
from the Department, but will not be eligible to receive Tobacco Grant funds until a
Memorandum of Understanding is in place, fully executed with original signatures. The
Memorandum of Understanding must be approved by the head of your agency, or your agency's
governing body if one exists, and returned within 90 days of receipt. Failure to return the letter of
intent within 15 days or execute the Memorandum of Understanding within 90 days will be
deemed a declination of the award. In the event of an unclaimed or declined award, funding may
be awarded to another applicant.
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 and this Handbook.
Allowable Costs
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 the Department
to ascertain whether or not funds have been supplanted.
• Be adequately documented.
• Comply with the Act and terms and conditions of the grant agreement.
• Comply with applicable state and local laws.
• Not be disallowed under the terms of the grant agreement.
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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.
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.
Specific costs that may be supported by funds awarded under the Tobacco Grant Program are as
follows:
Personnel
Salaries, benefits and overtime are allowable expenses. Amounts claimed must be supported by
payroll and attendance records kept by the agency and must be made available to the Department
upon request.
Travel
Travel that directly supports the applicant's project maybe reimbursed using grant funds, with
limitations on expenditures for meals, incidentals, lodging and mileage. 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. Please refer to the California Department of Human Resource's
website at httv://www.calhr.ca. og v/employees/pages/travel-reimbursements.aspx for the most
current approved travel reimbursement rates.
Travel expenditures that exceed the State's allowable rates will be reimbursed only up to the
amount allowed and your invoice will be reduced accordingly. Your agency will be responsible
for the balance.
Acceptable documentation for reimbursement of travel expenses includes copies of receipts for
meals, lodging, etc., and if applicable, completed agency mileage forms. All receipts must show
`paid' by cash/check or credit card.
Training
Each grant recipient is required to send at least. one representative to a workshop offered by the
Tobacco Grant Program during the first year of each grant award.
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All other trainings must be Tobacco Grant related. If the training is not Dui -sponsored and
specifically related to the Tobacco Grant, then prior approval must be sought. To obtain prior
approval for training, an agency must submit a flyer with an agenda.
Acceptable documentation for reimbursement of training expenses include copies of receipts and
proof of payment (copies of checks or credit card statements).
Egzipment
Equipment that directly supports the applicant's project proposal may be purchased using grant
funds. Equipment is defined as an item that has a per -unit acquisition cost of $5,000 or more and
a useful life of at least one year.
Acceptable documentation for equipment purchases include copies of receipts and proof of
payment (copies of checks or credit card statements).
Supplies
Supplies that directly support the applicant's project proposal may be purchased using grant
funds. Supplies are defined as items that have a per -unit cost of less than $5,000 and may be
consumable.
Acceptable documentation for purchases of supplies include copies of receipts and proof of
payment (copies of checks or credit card statements).
Supplanting
Pursuant to Revenue and Taxation Code section 30130.57, subdivision (e), grant funds are not to
be used to supplant existing state or local funds that were already allocated for the same purpose.
If the Department or California State Auditor identifies that your agency has used 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 Department
may pursue remedies for non-compliance.
Restricted Items
Grant funds shall not be used to purchase items that are considered restricted and for personal
use. Examples include, but are not limited to, the items on the following list. An item may not
appear on this list but if it is determined to be for personal use, the Department will not provide
reimbursement or if reimbursement has already occurred, the Department may pursue remedies
for non-compliance. If an item appears on this list, or 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.
• Ammunition
• Award Certificates
• Balloons
• Briefcases
19�Page
• Calendars (Decorative)
• Cleaning supplies
• Coffee pots and supplies
• Facilities renovations
• Firearms
• Food, beverages, and any other consumables
• Gift Cards
• Hand sanitizers
• K9
• Kleenex/tissue papers
• Luggage
• Luggage Carriers
• Pepper spray
• Personalized products used to advertise an agency and/or programs (e.g., pens, magnets)
not specific to anti-smoking/anti-tobacco campaigns. Any products in this category
require prior approval from the Tobacco Grant Program
• Picture frames
• Plastic eating utensils
• Portable fans
• Portable heaters
• Refreshments for meeting/conferences
• Refrigerators
• Ribbons
• Vehicles and/or vehicle trailer purchases (vehicle usage, leases, fees, and mileage
reimbursement are allowable).
ACCESSING AND MANAGING GRANT FUNDS
Invoicing
Invoices must be submitted by mail on a quarterly basis, in arrears. Invoices are due October
15th, January 15th, April 15th, and July 15th. Submit original invoices with all required
attachments, plus two complete copies, to.
20�Page
Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 9581&0187
A complete invoice package will include:
• The invoice detail sheet, and
• Receipts for all Operating Expenses and Equipment (Section B) claimed.
Modifications
imited to three preapproved modifications in any twelve-month period.
Each agency shall be l
Changes Regzziring Advance Approval
Prior written approval by the Department is required for substantive changes to an approved
project or budget. Prior approval for the following types of modifications must be requested, and
may be granted, only in writing.
• A revision of the project or scope of work
• Budget changes that involve shifting funding between categories (e.g., moving funds
from Personal Services to Operating Expenses and Equipment)
• Extension of grant duration
• Purchase of equipment with a purchase price of over $5,000 per item not included in the
approved budget
• Travel not included in the approved budget
• Contracting out or obtaining the services of a third party not included in the grant
agreement
• Withdrawal of a secondary grantee from a project that is part of a joint application
• Use of program income for purposes not in accordance with the grant agreement
Failure to obtain prior approval may result in the Department pursuing remedies for non-
compliance. The Department will not reimburse expenditures made in violation of this section.
Minor Changes
Advance approval is not required for changes that do not meet any of the criteria listed above.
Minor changes that do not alter the scope of the approved project and do not shift funds from one
category to another do not require prior approval.
Extensions
An extension maybe requested if your agency needs additional time to fully expend awarded
funds. Extension requests must be received prior to the expiration date of the award. Requests
will not be considered at the beginning or mid-term of the grant period. Extension requests
received after an award expires will not be considered.
21 Page
Record Maintenance
Your agency must maintain records relating to the application, grant agreement, scope of work,
budget, and performance of projects, for the records retention period established by your agency
for those types of records or for five years after a grant is closed out, whichever is longer. 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.
Audits
Grant fund recipients and sub -recipients are subject to audit by both the California State Auditor
and the California Department of Justice. In addition to formal audits, the California Department
of Justice may conduct site visits with reasonable notice. 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 California Department of Justice.
Reports
Progress reports must be submitted electronically on a quarterly basis. You will be provided with
a link and instructions via email prior to when each report is due.
Closing Out
Once your agency's award expires, whether or not funds were fully expended, it must be closed
out.
Funding
Grant funds for reimbursement must be spent prior to the expiration date. Any funds spent after
the expiration date of the grant cannot be reimbursed, regardless of when they were obligated or
problems with vendor fulfillment. Good and services must be received, invoiced, and paid for
during the grant term in order to be eligible for reimbursement.
Final Progress Report
Your agency will be asked to submit a final progress report summarizing grant activities
completed up to the end of the award.
22�Page
TOBACCO LAW ENFORCEMENT GRANT BUDGET DETAIL
Dublin Police Services
A, Personal Services
Salaries
ClassificationlPositions Computation
Costs Per Fiscal Year (July 1 -June 30)
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
Sworn personnel � $ 245,767 $ 258,215 $ 271,444
SUBTOTAL $ - $ 245,767 $ 258,215 $ 271,444
Overtime
Classification/Positions Computation FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
Sworn personnel � $ 30,219 $ 31,425 $ 32,683
SUBTOTAL $ - $ 30,219 $ 31,425 $ 32,683
Benefits
ClassificationlPositions
n FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
Sworn personnel � $ 604 $ 628 $ 654
SUBTOTAL
$ -
$
604
$
628
$
654
TOTAL PERSONAL SERVICES
$ -
$
276,590
$
290,268
$
304,781
B. Operating Expenses and Equipment
Equipment (Tangible items with aper-unit cost of $5,000 or more)
Description Computation
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
SUBTOTAL $ - $ - $ - $ -
Other Expenses
Description Computation FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
laptop computer � $ 3,000
SUBTOTAL $ - $ 3,000 $ - $ -
Travel Expenses/Registration Fees*
Description and Destination Com
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
SUBTOTAL $ - $ - $ - $ -
TOTAL OPERATING EXPENSES AND EQUIPMENT $ - $ 3,000 $ - $ -
*Forapproved tobacco related training only. Travel cannot exceed current stale rates.
C. Administrative Costs*
Description
Computation
*Administrative costs may not exceed 5% of the total budget.
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
TOTAL $ - $
$ -
$
-
Page 1 of 2
TOBACCO LAW ENFORCEMENT GRANT BUDGET DETAIL
Dublin Police Services
SUMMARY
Budget Category
FY 2020-21 FY 2021-22
FY 2022-23
FY
2023.24
A. Personal Services
$ - $ 276,590
$ 290,268
$
304,781
B. Operating Expenses and Equipment $
C. Administrative Costs $
TOTAL PROJECT COSTS $
$ 3,000 $ - $ -
$ - $ - $ -
$ 279,590 $ 290,268 $ 304,781
Total Request
$ 871,639
$ 3,000
$ -
$ 874,639 �
Page 2 of 2
DOJ- PRO P56-2020-21-1-012
MEMORANDUM OF UNDERSTANDING
PURPOSE
This Memorandum of Understanding ("MOU") is entered into by the Department of Justice ("DOJ") and the
Dublin Police Department (hereinafter, "Grantee"), to provide grant funds to Grantee for expenditure in
compliance with the Grantee Handbook. The Grantee will expend funds for the purposes identified in the
approved Grant Application submitted by Grantee in response to the DOJ's Request for Proposal for activities of
Local Government Agencies to be funded under the California Healthcare, Research and Prevention Tobacco Tax
Act of 2016 (the "Act"), approved by the voters as Proposition 56.
The Request for Proposals, Grantee Handbook (dated February 2021), and Grant Application are hereby
incorporated by reference into this MOU.
COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee's actual expenditures in performing the Scope of Work
included in the approved Grant Application, upon receipt of invoices from Grantee and approval of the invoices
by DOJ, in accordance with the reimbursement procedures set forth in the Grantee Handbook,
BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under the
agreement does not appropriate sufficient funds for this MOU, this MOU shall be of no further force and effect. In
this event, the DOJ shall have no liability to pay any funds whatsoever to Grantee or to furnish any other
considerations under this MOU and Grantee shall not be obligated to continue performing any provisions of this
agreement for which it would have been reimbursed.
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the DOJ shall have
the option to either cancel this MOU with no liability occurring to the DOJ, or offer an addendum to the Grantee
to reflect the reduced amount.
ADMINISTRATION
Should Grantee fail to comply with this MOU, including any expenditures for purposes not permitted under the
MOU, DOJ may take one or more of the actions described under Remedies for Noncompliance in the Grantee
Handbook.
MISCELLANEOUS PROVISIONS
Addendum — No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by
the duly authorized representatives of the parties.
Assignment — This MOU is not assignable by Grantee in whole or in part.
Indemnification — Grantee agrees to indemnify and hold harmless the DOJ, its officers, agents and employees
from all claims, liabilities, or losses in connection with the performance of this MOU.
Termination —The DOJ may terminate this MOU and be relieved of any obligation to provide grant funds to
Grantee should Grantee fail to perform the Scope of Work at the time and in the manner provided in this MOU.
Page 1 of 2
DOJ-PRO P56-2020-21-1-012
TERMS
Grant Duration: 1/1/2021- 6/30/2024
Award Amount
Category of Expenditure
Budget
FY 2020-2021
Budget
FY 2021-2022
Budget
FY 2022-2023
Budget
FY 2023-2024
Personal Services
$0
$276,590
$290,268
$304,781
Operating Expenses and Equipment
$0
$3,000
$0
$0
Administrative Costs (Not to Exceed 5%)
$0
$0
$0
$0
TOTAL AWARD AMOUNT
$874,639
The time limit for reimbursements against this award ends 6/30/2024. Requests received after 7/15/2024 cannot
be reimbursed by the DOJ.
GRANTEE CONTACT INFORMATION
Captain Nate Schmidt
Dublin Police Services
6361 Clark Avenue, Dublin, CA, 94568
925-833-6626
nschmidt@acgov.org
AUTHORIZATION
The DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated
below. This MOU and any future addendums shall be mailed to the Division of Operations, Local Assistance Unit,
Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
Garrett Holmes, Chief
Dublin Police Services
Linda Smith, City Manager
City of Dublin
Marsha Moore, City Clerk
City of Dublin
Date
Date
Date
STACY HEINSEN, GRANT MGR. Date
Division of Operations
California Department of Justice
CHRIS RYAN, CHIEF Date
Division of Operations
California Department of Justice
Page 2 of 2