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CC RESOLUTION 5255RESOLUTION NO. 5255 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF JUSTICE WITH REGARD TO THE TOBACCO GRANT FOR YEAR 2020/2021 The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council of the City of El Segundo desires to undertake a certain project designated as DOJ Proposition 56 Tobacco Grant to be funded in part from funds made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 administered by the California Department of Justice. SECTION 2: Authorization. The City Council authorizes the City Manager to execute on behalf of the City Council of the City of El Segundo the agreement between the City and the California Department of Justice, attached as an Exhibit to this resolution. The City Manager is further authorized to execute any extensions or amendments to such agreement and any subsequent contract with California Department of Justice in relation to the DOJ Proposition 56 Tobacco Grant, in a form approved by the City Attorney. SECTION 3: The City acknowledges and agrees that: A. Any liability arising out of the performance of this contract, including civil court actions for damages, is the responsibility of the City as the grant recipient and the authorizing agency. B. The State of California and California Department of Justice disclaim responsibility for any such liability. C. Grant funds received may not be used to supplant expenditures controlled by the City Council. D. This award is not subject to local hiring freezes. SECTION 4: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED, APPROVED AND ADOPTED this 16th day of March, 2021. Drew B e , Mayor RESOLUTION NO. 5255 PAGE 1 of 2 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5255 was duly passed, approved and adopted by said City Council at a regular meeting held on the 16thday of March, 2021, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None UM,tq Oaaeh2— Tracy Wea r, City Clerk APPROVED AS TO FORM: Mark D. Hensleyk0ty Attorney RESOLUTION NO. 5255 PAGE 2 of 2 EXHIBIT DOJ-PROP56-2020-21-1-013 MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding ("MOU") is entered into by the Department of Justice ("DOJ") and the El Segundo 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 DCU'PRO P56-20I0'21,1-013 TERMS 5rantDu/ation: 1/1/2031-6/30/2024 Award Amount Category of Expenditure Budget Budget Budget Budget Operating Expenses and Equipment $0 $329 $0 Administrative Costs (Not to Exceed 5%) $0 $0 $0 TOTAL AWARD AMOUNT $43,347 The time limit for reimbursements against this award ends 6/30/2024. Requests received after 7/15/2024 cannot be reimbursed by the OCU. GRANTEE CONTACT INFORMATION )L|issa Go|an4 K4anagemersAra|ysi BSegundo Poke Department 3/-8Vain Street E|Segundo, CA9O24S B1O",S24'227B jso|ano@e|segundo.org AUTHORIZATION The DCJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addenclurns shall be mailed to the Division of Operations, Local Assistance Unit, Tobacco Grant Program, d willbecome fully executed cponcompletion ofsignatures from all parties. 7A� uo|170a|en'Chief ofP�/ce oace |p mvmoHer"levCity rney Date �icry Of El Segundo S4TA *�EIMS :N, �GRANT MOR. Date Division of californi De, 'trnefst of Justice Division of Crierations mUforniaoepartrnent Of Justice Page 2 of 2 TOBACCO GRANTPROGRAM Y 2020-21 GRANTEE HANDBOOK J-PR .56-2020-21-1 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. 1Pa TABLE OF CONTENTS PART I: GRANT APPLICATION GUIDE .......... ......... ...... -....... .,.. ,,..,.,,, 5 GENERALINFORMATION.......,. ................ .. .... ..... ......... ......... ..... .... . ........ ...-- ... APPLICATIONPROCESS ..... ... . ......... ...... ... ......... ......... .................-- ........ ,.,.,,,.., 6 Applications......................................................... . ...... ......... Jointapplications .................... ......... .............. .. . ... ....... ........ ......... .. ............ .. .. . ......... 5 REVIEW, AWARD AND TERMS ................ ...... . ........ ........ ... --............ ,....,.,,., ,,, ......... .....,,,., 7 AdministrativeReview ........................... ......... ................. „ ,..,.,,,, ... ,.....,,..,,,,..., ...,.,.,,..,... .,., 7 MeritsReview--... ....... ....--., ....,.... .,...,,,,,......., . ,,,.,, ... ,........ ....,,.,. .......,. ..,.,,..... ..,.,,,, 7' Notification of Award, Denial or Disqualification ......., ,,,, ........ ......... GrantAgreement ............. .. ....... .. ....... .......... ............ .. ... .......... ,..,,,.., ...,,,..,..., ., ... ...,..,,,. Access.................. - ....... ......,., ,....,,.. ....,.,,,.,....... . ............... ,. .,,..,.,. .,,,....,...... ,,..,.......... — Performance Compliance, Audit, and Responsibility ................ .................................. ....... ......... .....— Reports........... ...... .............. ..................---- ... ......... .................. ......... ......... ............. ..... Withholdingof Ten Percent Pending Closeout—.......... ..................... ......... ............... ................... 9 Procurement of Goods or Services... -- . ............ . ......... ..... ---- ..... ......... .......,.. ....,...., 9 Useof Contractors ............................................ . . ....... ......... ..................... ,.., 9 PROJECTREQUIREMENTS ............................... ......... ............. . .... .......... ........ ...... ....... .....10 AdministrativeCosts ................................................ ......... ......... ........ ...... ,.,.,,,,.,,.,..,....10 ProjectCosts ............................ ......... ............ ..,...., ............ ,..10 ProjectIncome.....—..—. ........ ... ......... ............................... .......... ....,.,.. ,......,. ....,.,. ,. ,..,.10 Overpayment of Funds .................................. . ........... „ .,..,,, .,,.... .............,., .. ,..,.11 Records of Tobacco Products .............. ....... ..................... .............. ,,,,. , ,. ,..........,.,,10 Travel....... ........... ........ ........ .................. - ,,,,,,....,,. ..... ....., 11 Equipment Property Records ............................. . ........ ..................... . ......... .............. ........ .11. Noncompliance.................... ...... — .......„ ........ ..,...... ...,.,,,. ,......... ....... -......... ..,.... ,,.,..,,,11 Closeout,.,, ... ,,,.. .. .............. ........... .......... ......... ......... .. ... .... ......... ......... .........12. Allowable Costs; Reasonable Costs; Allocable Costs .............. ........ ... ,.......12 Supplanting,,,,,,,,, , ,,, ,,,,,, ........ ..,..,,,......,, .......,., ... ,,.,,,..1' APPEALS...... ................................................... .... ... .......... ........ .... ......-. 1 DEFINITIONS................................... ......... ... ........ ........ ,,...,. .,.,.....1 PART II: GRANT OWNER'S MANUAL ....... ......... ......... ......... ......... ......... ......... .........1 1 P a g e GRANT ACCEPTANCE AND TERMS ................................... ......... ,..,...,17 Award...... ......... .............. .... .......................... ............ ......... ............................ ........17 Terms and Conditions ..... .......... .. .... .. ......... ................. ...... .... 17 AllowableCosts .......................... ,....... ......,...............,.... ....... .........17 Supplanting.... ...... ......... .................. ......... .......,... ,.. ..........,.........,......., ,..,.,.., ........1 RestrictedItems............................................................. --- ........... . .. ........ ......... .... ......1 ACCESSING AND MANAGING GRANT FUNDS ....... ........P.w. ........ .......20 Invoicing..— ....... ......... ......... .................... ........ ........... ........ ,....,........., 20 Modifications......, ......... .......... ........ ......... ....., . ,...,. ..... 21 RecordMaintenance ............................ ..................... ................,.., ...,............ ,.......,..,,... ..22 Audits............ . ... ......... .................. ....... .. ......, ..,............ ...,.. ..,.,.,., .,,..,., .22 Reports................. . ..... ......... ............... ... „ .............,......,..,............22 ClosingOut,.,...,.. ..... ............ ...... ............... ......... . ...........-2.2 !�� � i F� r�� r i 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). 6 1 P a g e 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. Brits 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. w The merits of the application based on the scoring criteria set forth in the Request for Proposals. o 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 denial of applications, and as to the amount of funding for successful applications, to the Attorney General and/or their designee. 71Page 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. it 1 �A Rv c' Perfo ance 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._suubdivision 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 of 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. o 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. 91Page 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. PROJ.Q c f RiE,QUIRE iE l 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. 101Page 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 ���^��.c.aVhr•.��.���vJemlVo ee/�a ��,/gavel-rci��nb�ra•scn��n�s,asl�. 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. m Recovery of funds paid to the grantee. • Imposition of additional conditions on the grantee. « Termination of the grant agreement. 111Page • 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. 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. 131Page • 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 terms 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. 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 K-12 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 30130.50(b). 151Page 116 1 Pa g c GRANT ACCIl;li TANCE AND'YERMS 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. FIRTM", - 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. 171Page 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. a 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 may be 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 burseinentsaspx 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. 1 � P a a e All other trainings must be Tobacco Grant related. If the training is not DOJ-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). 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). .5y,pl.rlies 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. 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 • Awards • Award Certificates • Balloons • Briefcases 191Page • 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 GRANTFUNDS Invoicing Invoices must be submitted by mail on a quarterly basis, in arrears. Invoices are due October 15t", January 151", April 15t", and July 15t". Submit original invoices with all required attachments, plus two complete copies, to: 2 it I II"l a g e Department of Justice Division of Operations Tobacco Grant Program P.O. Box 160187 Sacramento, CA 95816-0187 A complete invoice package will include: • The invoice detail sheet, and • Receipts for all Operating Expenses and Equipment (Section B) claimed. Modifications Each agency shall be limited to three preapproved modifications in any twelve-month period. 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. [b inor Chan.ges 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. IS'Yfensions An extension may be 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. 211Page 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. 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 Rel)orf Your agency will be asked to submit a final progress report summarizing grant activities completed up to the end of the award. 221Page