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HomeMy WebLinkAbout5.7 Acceptance of California Department of Justice Tobacco Grant ProgramIP DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 5.7 DATE: TO: FROM: SU B.ECT: January 14, 2025 Honorable Mayor and City Councilmembers Colleen Tribby, City Manager Acceptance of California Department of Justice Tobacco Grant Program Prepared by: Phillip Corvello, Lieutenant Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider approving a Memorandum of Understanding with the California Department of Justice to accept a grant award from the Tobacco Grant Program for Dublin Police Services. This grant will support increased enforcement of state laws and City ordinances related to the illegal sales and marketing of tobacco, or other nicotine related products, including e- cigarettes, to minors for three fiscal years. The grant will also assist in tobacco -related education provided to minors and local businesses. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. FINANCIAL IMPACT: The grant amount for each fiscal year is shown in the table below. Eligible expenses include enforcement operation costs associated with illegal sales operations and providing education to business owners and minors. There is no matching fund requirement. Grant Award Amounts Category of Expenditure Budget FY 2024-2025 Budget FY 2025-2026 Budget FY 2026-2027 Personnel Service Costs $19,525 $20,307 $21,118 TOTAL AWARD $60,950 Page 1 of 3 1 DESCRIPTION: Dublin Police Services has conducted research on underage tobacco use in the City of Dublin and found continued use of and possession of tobacco on school campuses. Additionally, several local tobacco retailers have been cited for selling tobacco to minors. Staff also found continued complaints from school personnel about students using tobacco and vape products in local parks, along the Iron Horse Trail, and on school campuses. Approved by California voters in 2016, Proposition 56 increased taxes on cigarettes and other tobacco/nicotine related products under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The initiative allocates a portion of annual revenue to the California Department of Justice (DOJ) for enforcement efforts. As an example, $24.6 million was made available statewide in Fiscal Year 2023-24 to support local enforcement efforts to reduce the illegal sale of tobacco products to minors. Since 2020, the DOJ has awarded grant funds through Proposition 56 to Dublin Police Services to supplement tobacco enforcement operations. Through that grant program, staff successfully reduced tobacco sales violations at local retailers and saw a reduction in the number of minors being found in possession of tobacco/nicotine products. Continued enforcement and education efforts are essential in ensuring tobacco laws are adhered to in the community. The DOJ recently notified Dublin Police Services that the current grant application for funds will be approved in the amount of $60,950 for three fiscal years. With these funds, Dublin Police Services will perform the following: • Retail Inspections o Twenty-three tobacco retailers will be inspected per year. o Quarterly inspections will include one eight -hour inspection of licensed tobacco businesses. • Minor Decoy Operations o Five minor decoy operations will be conducted each year. o Fifteen retailers will be targeted during these operations. • Shoulder Tap Operations o Two shoulder tap operations will be conducted each year. o Six retailers will be targeted during these operations. • Retailer Education o Twenty-three retailers will receive educational materials and on -site education and will participate in grantee -provided educational classes. • Enforcement Officer Education o Five enforcement officers will receive education about tobacco laws and ordinances per year. • Prosecution o Dublin Police Services will prosecute all tobacco -related citations with adjudication through the Alameda County East County Hall of Justice. Page 2 of 3 2 The attached resolution authorizes the City Manager to execute a Memorandum of Understanding with the California Department of Justice to accept the grant award. Dublin Police Services will submit quarterly invoices to the Department of Justice outlining the operational costs incurred in meeting the enforcement goals. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 2) Exhibit A to the Resolution - Tobacco Grant Program Memorandum of Understanding 3) Exhibit B to the Resolution - Tobacco Grant Summary of Award (DOJ-PROP56-2024-25-1-021) 4) Exhibit C to the Resolution - Tobacco Grant Program Grantee Handbook Page 3 of 3 3 Attachment I RESOLUTION NO. XX — 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING ACCEPTING THE GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF JUSTICE UNDER THE CALIFORNIA HEALTHCARE, RESEARCH AND PREVENTION TOBACCO TAX ACT OF 2016 WHEREAS, Dublin Police Services staff conducted extensive research of underage tobacco use in the City of Dublin and found continued use and possession of tobacco/nicotine products in the local high schools and middle schools; and WHEREAS, on February 4, 2020, the City Council adopted an Ordinance Amending Chapter 4.40 to Title 4 of the Dublin Municipal Code prohibiting the sale of all flavored tobacco products as well as electronic smoking devices within the City of Dublin; and WHEREAS, in an effort to increase enforcement of underage tobacco use, Dublin Police Services submitted a grant application to the California Department of Justice; and WHEREAS, the California Department of Justice recently awarded Dublin Police Services Tobacco Grant Program funds in the amount of $60,950 through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016; and WHEREAS, the Tobacco Grant Program also provides funding for personnel overtime costs for additional tobacco enforcement operations/education; and WHEREAS, Dublin Police Services will submit quarterly invoices to the California Department of Justice outlining the operational costs to meet the enforcement goals; and WHEREAS, the California Department of Justice agrees to reimburse the City of Dublin for the actual expenditures in performing the Scope of Work included in the approved Grant Application. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to enter into a Memorandum of Understanding with the California Department of Justice accepting the Tobacco Grant Program funds (including incurring grant -related expenses and receiving reimbursement for those expenses) included as Exhibit A, and as shown in the Tobacco Grant Summary Award included as Exhibit B, and Tobacco Grant Program Grantee Handbook included as Exhibit C. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the Memorandum of Understanding, including increasing funding provided in the original Grant Agreement, and make any necessary, non -substantive changes to carry out the intent of this Resolution. Reso. No. XX-25, Item X.X, Adopted 01/14/25 Page 1 of 2 4 PASSED, APPROVED AND ADOPTED this 14th day of January 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Reso. No. XX-25, Item X.X, Adopted 01/14/25 Page 2 of 2 5 Attachment 2 ca Exhibit A to Resolution liherfr and juktirc under /mr Tobacco Grant Program Grant Services Branch - Local Assistance Division of Operations Dublin Police Services DOJ-PROP56-2024-25-1-021 MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding ("MOU") is entered into by the Department ofJustice ("DOJ") and the Dublin Police Services ("Grantee"), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook. Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5: Department of Justice Tobacco Grant Program ("TGP Regulations") shall govern the policies and procedures of the Tobacco Grant Program. The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56. COST REIMBURSEMENT DOJ agrees to reimburse Grantee in arrears, for Grantee's actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook. BUDGET CONTINGENCY CLAUSE It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect. In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed. If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount. Page 1 of 3 Dublin Police Services DOJ-P RO P56-2024-25-1-021 ti PROJECT BREACH -TERMINATION Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU. 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 DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU. Certifications — Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose. TERMS Grant Duration: 11/1/2024 — 6/30/2028 Award Amount Category of Expenditure Budget FY 2024-2025 Budget FY 2025-2026 Budget FY 2026-2027 Budget FY 2027-2028 Personal Services $19,525 $20,307 $21,118 $ Operating Expenses and Equipment $0 $0 $0 $ Administrative Costs (Not to Exceed 5%) $0 $0 $0 $ TOTAL AWARD AMOUNT $60,950 The time limit for reimbursements against this award ends 6/30/2028. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ. GRANTEE CONTACT INFORMATION Victor M. Fox, Chief of Police Dublin Police Services 6361 Clark Avenue, Dublin Ca. 94568 925-833-6670 VictorFox@dublin.ca.gov Page 2 of 3 Dublin Police Services DOJ-PROP56-2024-25-1-021 00 AUTHORIZATION 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 e-mailed to TobaccoGrants@doj.ca.gov, care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. ictor M. Fox Date Title: Chief of Police Agency: Dublin Police Services NAME: olleen Tribby Title: City Manager Agency: City of Dublin, Ca. NAME: Title: Agency: JENNIFER IVERYJOHNSON, Grant Manager Division of Operations California Department ofJustice NICOLE LEARNED, Administrative Manager Division of Operations California Department of Justice CHRIS RYAN, Chief Division of Operations California Department ofJustice Date Date Date Date Date Page 3 of 3 Attachment 3 Exhibit B to Resolution liberty and justice under tar A Tobacco Grant Program GRANT SERVICES BRANCH - LOCAL ASSISTANCE DIVISION OF OPERATIONS TOBACCO GRANT SUMMARY OF AWARD DOJ-PROP56-2024-25-1-021 DUBLIN POLICE SERVICES This Summary of Award document will be used by the Tobacco Grant Program when determining whether an activity or expense claimed was approved for funding and is reimbursable. Activities other than those presented here may not be reimbursable. A Grant Modification may be necessary for material deviations. Please consult with your Grant Program Officer before engaging in any activity beyond this scope. By signing the Memorandum of Understanding, your agency agrees to the commitments outlined below and this document becomes part of the Grant Agreement. AWARD SUMMARY Award Amount: $60,950 Removed from Award: N/A Other Changes or Stipulations: N/A Requested Amount: $60,950 Reduced Line Items: N/A IMPORTANT PROVISIONS FOR ALL GRANTEES I. Enforcement Activities a. Authorized - If enforcement activities were proposed, only activities that target retailers for illegal sales/marketing of tobacco products were approved. It is expected that the flavor ban will be enforced within one or more enforcement activities. b. Unauthorized - Community or school patrols, or other enforcement actions related to tobacco use and possession, are not permitted. II. Educational Activities a. Authorized — Retailer and/or officer educational activities on tobacco laws and ordinances, if included, are authorized as noted below. b. Unauthorized —School or community education efforts, including media campaigns, are not permitted as part of this award. All educational efforts should be directed to retailers and/or officers. Removed Personnel or Other Items 10/16/2024 Page 1 of 3 9 a. If specific personnel or other items were removed and not funded, they cannot be reinstated during the grant term. IV. Reduced Line Items a. If a specific line item was reduced, the intention was to not fully fund it or the activities it represents. V. Mileage/Fuel a. Budgets that include mileage or fuel were amended to include both together in one line item for flexibility and the type of backup documentation available. Mileage is limited to the state rate in effect at the time of travel. VI. Equipment a. All equipment items must be purchased during the first year of the grant as noted on the Budget Detail. Their awarding is intended to support project goals and be used to support grant activities throughout the grant term. Please reference the Tobacco Grant Program Grantee Handbook for more information regarding allowable costs. GOALS AND ACTIVITIES Reta// Inspections • Per year, 23 retailers will be inspected. • Additional details regarding these inspections: o Dublin Police Services will conduct one (1) eight hour inspection of tobacco licensed . businesses quarterly. Minor Decoy Operations • Per year, 5 minor decoy operations will be conducted. • Per year, 15 retailers will be targeted through these operations. • Additional details regarding these operations: Shoulder Tap Operations • Per year, 2 shoulder tap operations will be conducted. • Per year, 6 retailers will be targeted through these operations. • Additional details regarding these operations: Undercover Buys N/A Retailer Education • Per year, 23 retailers will receive educational materials. • Per year, 23 retailers will receive on -site education. • Per year, 23 retailers will participate in grantee -provided educational classes. • Classes ARE NOT part of a diversion program. 10/16/2024 Page 2 of 3 • Additional details regarding these retailer education activities: o Dublin Police Services will also conduct 1 meeting per year that is 4 hours in length with tobacco retail owners and employees in the importance of Responsible Tobacco Sales (RTS) training. Enforcement Officer Education • Per year, 5 enforcement officers will receive education about tobacco laws and ordinances. • Additional details regarding these officer education activities: Prosecution Grantee will conduct the following activities related to prosecution of violations for sales or marketing of tobacco products to minors: • Dublin Police Services will prosecute all tobacco -related citations with adjudication through the East County Hall ofJustice. Task Force N/A Other Activities N/A PARTNERING AGENCIES Based upon the proposal submitted and any subsequent modifications approved by DOJ, the following agencies are expected to partner with and support the activities and fulfillment of goals referenced above: N/A Please notify your Grant Program Officer of any proposed changes to partnering agencies, particularly if they are included within your budget. 10/16/2024 Page 3 of 3 Attachment 4 Exhibit C to the Resolution TOBACCO GRANT PROGRAM GRANTEE HANDBOOK AP R I L 2024 ROB BONTA Attorney General OFFICE OF THE ATTORNEY GENERAL 12 HANDBOOK FOR GRANTS MADE BY THE CALIFORNIA DEPARTMENT OF JUSTICE (DOJ) TO LOCAL AGENCIES UNDER PROPOSITION 56, THE HEALTHCARE, RESEARCH AND PREVENTION TOBACCO TAX ACT OF 2016 (ACT) All items contained in this Handbook are subject to change. 13 TABLE OF CONTENTS GRANT TERMS AND CONDITIONS 3 Award Acceptance 3 Required Opening Documents 3 Grant Agreement 4 Start of Grant Activities 4 Declination of Award 4 Performance Compliance, Audit, and Responsibility 4 Reviews of Performance and Compliance 4 Non -Assignment 4 Procurement of Goods or Services 4 Supplanting 5 Overpayment of Funds 5 Project Income 5 Non -Use of Funds 5 Non -Compliance 6 Withholding of 10% Pending Closeout 6 Audits 6 DOJ Grant Management 7 Access 7 Funding 7 Cost Criteria 7 Allowable 7 Reasonable 8 Allocable 8 Project Costs 8 Personal Services (Personnel) 8 Operating Expenses and Equipment 8 Administrative Costs 10 Restricted Items 10 Record and Materials Maintenance 11 1 14 Records Retention Period 11 Records to Maintain 11 Tobacco Products 11 Equipment 11 Use of Submitted Data 11 Public Records Act Notice 12 GRANT MANAGEMENT 13 Invoicing 13 Invoice Packages 13 Other Requirements 13 Invoicing Frequency and Deadlines 13 Reporting Requirements 14 Quarterly Progress Reports 14 Enforcement Data Requirement 14 Reporting Frequency and Deadlines 14 Modifications 14 Budget Modifications 14 Grant Modifications 15 Extensions 15 Closeout 15 DEFINITIONS 16 2 15 GRANT TERMS AND CONDITIONS By accepting these funds, your agency agrees to comply with, and be bound by, the conditions set forth in the Memorandum of Understanding (MOU) and documents incorporated by reference including the Request for Proposals (RFP), Program Regulations, Summary of Award, and this Handbook. AWARD ACCEPTANCE REQUIRED OPENING DOCUMENTS Agencies must complete and submit each of the following documents in order to receive reimbursement from DOJ. Documents should be sent via email to TobaccoGrants@doi.ca.gov. Letter of Intent Your award is not final upon initial notification. A Letter of Intent (LOI) to accept the award will be attached to the award notification. An awarded agency must affirm that either (1) it will seek a resolution to accept the award, if your agency has a governing body, or (2) no governing body exists and no resolution is required. In order to officially accept the award, an awarded agency must return the completed, signed LOI within 15 calendar days of the date of the award letter. Governing Body Resolution If the awarded agency has a governing body from which it requires approval, the agency must submit a resolution from this governing body to DOJ in order to formally accept the grant. Once notified of selection, the awarded agency should promptly request the resolution to avoid funding delays. The resolution must authorize the applicant to enter into agreement with DOJ, incur grant -related expenses, and receive reimbursement for those expenses. Also, the resolution should expressly authorize future amendments, if any, for the purpose of increasing funding provided in the original Grant Agreement, without an additional resolution from the governing body. Government Taxpayer ID Form The Governmental Taxpayer ID form is required in order for DOJ to reimburse your agency for grant expenses. Summary ofA ward The Summary of Award must be completed to reflect any reductions, restrictions, or requested revisions communicated by DOJ. Memorandum of Understanding (MOU) In order to be eligible for reimbursement of expenditures under the grant and start grant activities, an MOU between DOJ and the awarded agency is required. The MOU must be approved by a duly authorized representative of your agency or your agency's governing body. The MOU and other accompanying documents must be returned to DOJ via email to TobaccoGrants@doi.ca.gov within 90 calendar days of receipt. 3 16 GRANT AGREEMENT The Grant Agreement represents the final agreement between DOJ and a Grantee that sets forth the terms and conditions of the Grant. The Grant Agreement includes the executed MOU, Request for Proposals (RFP) and associated documents, Summary of Award, Budget Detail, and this Handbook. START OF GRANT ACTIVITIES As noted above, prompt action to obtain the Governing Body Resolution (if the agency has a governing body) is imperative to start activities in a timely manner. Once DOJ has signed the fully -executed MOU and verified that all required opening documents have been completed, the Grantee may begin funded activities and be eligible for reimbursement of expenditures. DECLINATION OF AWARD DOJ will consider an award declined in one the following instances: • Failure to return the LOI within 15 calendar days of the date of the Award Letter; • Failure to execute the MOU and any other required documents within 90 calendar days of the date sent by DOJ; or • Written notification from the awarded agency that they do not wish to accept the grant award. PERFORMANCE COMPLIANCE, AUDIT, AND RESPONSIBILITY REVIEWS OF PERFORMANCE AND COMPLIANCE Grants and funding are subject to performance compliance reviews by DOJ and/or its designee in the form of site visits and other meetings, interviews with Grantees, contractors and other stakeholders, and review of relevant documents. NON -ASSIGNMENT The Grantee is the responsible agency and may not transfer or assign the grant to another entity. PROCUREMENT OF GOODS OR SERVICES The Grantee shall follow its own written procurement policies and procedures when procuring goods or services for activities relating to performance of the grant. All documents related to the procurement of goods or services shall be maintained by the Grantee for the records retention period of five years and copies shall be provided to DOJ when requesting reimbursement. Use of Contractors Grantees may contract for services under the following conditions: • Contractor services must be clearly included within the Grantee's approved Summary of Award and limited to the purpose of achieving the grant objectives specified. 4 17 • Grantees shall have a written agreement with each contractor and, prior to execution, shall submit a copy of the agreement to DOJ for review of alignment with the Summary of Award and provisions of the Grant Agreement as applicable. • Grantees are responsible for ensuring that each contractor complies with the Grant Agreement, including, if applicable, collecting and reporting of progress and inspection data and disallowance of supplanting and restricted items. • Contracting shall not affect the Grantee's overall responsibility for the management of a Project, and the Grantee shall reserve sufficient rights and control to enable it to fulfill its responsibilities for the grant. SUPPLANTING Supplanting is prohibited. Supplanting is defined as using grant funds to pay for costs that are already funded within your agency's budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. The effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement. If DOJ or the California State Auditor identifies that supplanting has occurred, DOJ may pursue remedies for non-compliance. OVERPAYMENT OF FUNDS If an agency is inadvertently reimbursed for more than the amount expended, the overpayment of funds must be returned to DOJ. lithe grant for which the funds are being returned is still active (within the term of the MOU), then the returned funds can be shown as a credit on the next claim submitted for reimbursement. If the grant term has ended, the agency must return the funds within 90 days of notice of overpayment. Checks should be made payable to the California Department of Justice and mailed to: California Department of Justice Division of Operations Tobacco Grant Program — 8th floor P.O. Box 160187 Sacramento, CA 95816 PROJECT INCOME Income generated from a project, if any, may be reinvested by the Grantee into the project for which the grant was awarded, returned to DOJ, or DOJ may approve other uses by the Grantee in accordance with the general purposes of the grant. Project income does not include fines, penalties, legal costs, attorney's fees, or other property collected as a result of enforcement actions by the Grantee. NON-USE OF FUNDS Grantees are expected to start operations within six months of the execution date of the MOU, or approved start date, and are responsible for advising DOJ if they are unable to do so. Grantees who have not started their project and expended any funds within the first year of the beginning of the grant term shall forfeit their award. 5 18 NON-COMPLIANCE In the event a Grantee fails to comply with any of the terms and conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement, DOJ will notify the Grantee in writing. In the event DOJ and a Grantee are unable to resolve a Grantee's non-compliance with the terms and conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement within 30 calendar days of the written notice, DOJ may take one or more of the following actions: • Withhold payments • Recover funds paid to the Grantee • Impose additional conditions on the Grantee • Terminate the Grant Agreement • Disqualify the Grantee from consideration for future grants WITHHOLDING OF 10% PENDING CLOSEOUT DOJ may withhold the final reimbursement claim(s) or 10% of the grant amount, whichever is more, pending approval by DOJ of the final Quarterly Progress Report (QPR). AUDITS Grantees and sub -recipients are subject to audit by both the California State Auditor and DOJ (Rev. & Tax. Code, § 30130.56, subdiv. (a)). In addition to formal audits, DOJ may conduct site visits and request other meetings with reasonable notice. Grantees are expected to be available for these meetings. All documentation related to the receipt and use of grant funds shall be made open to inspection upon request by the California State Auditor and/or DOJ. Grantees are subject to a financial compliance review in the form of an audit, an agreed -upon - procedure, and/or both. A review will be conducted in accordance with the Generally Accepted Government Auditing Standards and Revenue and Tax Code, sections 30130.56 and 30130.57, subdivisions (e)(1), (f) & (g), designed to accomplish any one or more of the following: to monitor compliance with the requirements of the grant program and the terms and conditions of the grant agreement; to assess the quantity, quality, timeliness and cost of services the Grantee produces and delivers under the terms and conditions of the grant agreement; and to assess the performance of any contract entered into by a Grantee relating to a grant. Grounds for Audit Exception One or more of the following shall be grounds for an audit exception, which may require the refund of amounts paid with grant funds: (1) Failure to fully complete the work or services described in the Summary of Award document; (2) Failure to assess the performance of any contract entered into by a Grantee; or 6 19 (3) Failure to maintain documents, records, receipts, and financial accounts supporting the expenditures reimbursed with grant funds. DOJ GRANT MANAGEMENT Each agency will be assigned a Grant Program Officer from DOJ for assistance with implementation and oversight of the agency's specific grant program throughout the life cycle of the grant. Grant Program Officers will maintain regular communications with their agencies and will provide administrative direction and guidance. ACCESS Upon reasonable notice, Grantees shall allow DOJ access to the records of the project, the project sites (if applicable), and any employees or contractors who may reasonably have information related to the project. Also, upon reasonable notice, Grantees shall allow DOJ to accompany the Grantee on project - related activities. FUNDING All expenses claimed for reimbursement, including contracted services, must already be paid by the Grantee. Expenses incurred by subcontractors as part of the project must be invoiced to and paid by the Grantee for reimbursement. DOJ will not reimburse any amount greater than the actual cost of the expenses to the Grantee. Goods and services must be received, invoiced, and paid by the Grantee during the Grant Term in order to be eligible for reimbursement. Any funds spent after the expiration of the Grant Agreement cannot be reimbursed, regardless of when they were obligated or problems with vendor fulfillment. COST CRITERIA ALLOWABLE In general, costs must meet all of the following general criteria to be allowable. An allowable cost must: • Be reasonable for the performance of the grant, and allocable to the grant • Be accorded consistent treatment • In the event a cost is assigned in one way and another cost incurred for the same purpose in like circumstances was previously allocated in the agency's budget in another way, the Grantee shall provide a description of both the current and the prior assignments. The description shall be sufficient for DOJ to ascertain whether or not funds have been supplanted. • Be adequately documented • Comply with the California Healthcare, Research and Prevention Act and terms and conditions of the Grant Agreement • Not be disallowed under the terms of the Grant Agreement 7 20 • Comply with applicable laws and regulations REASONABLE A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining the reasonableness of a given cost, consideration will be given to: • Whether the cost is generally recognized as ordinary and necessary for the proper and efficient performance of the grant • The requirements of the grant program and the terms and conditions of the grant agreement • Market prices for comparable goods or services for the geographic area • Whether the Grantee deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase a cost ALLOCABLE A cost is allocable to the grant if the cost is incurred for grant -related activities. Unless otherwise provided for in the grant agreement, if a cost is incurred for the performance of grant - related activities and also for other non -grant -related activities, and benefits both grant and non -grant activities, the proportion that is incurred for the performance of grant -related activities may be approximated using reasonable and properly documented methods and assigned to the grant. PROJECT COSTS Project costs may include the reasonable and necessary cost of tobacco -enforcement related items required to conduct grant -related operations. Specific costs that may be supported by funds awarded under the Tobacco Grant Program are as follows: PERSONAL SERVICES (PERSONNEL) Salaries, overtime, and benefits are allowable expenses as approved within the Grantee's budget. Amounts claimed must be based on actual wages and supported by payroll and attendance records kept by the agency and must be made available to DOJ upon request. OPERATING EXPENSES AND EQUIPMENT Equipment Equipment that directly supports the applicant's project proposal may be purchased using grant funds if approved within the Grantee's budget. Equipment should be purchased within the first year of the project in order to maximize its utility during the grant term. Acceptable documentation for equipment purchases include copies of receipts and proof of payment (copies of checks or credit card statements). Maintenance of property records related to equipment is required. Travel Travel by Grantees for tobacco -related grant activities (if approved within the Grantee's budget) shall be in accordance with the State of California's written travel policies, and subject to any further 8 21 requirement in the grant agreement. Travel that directly supports the applicant's project may be reimbursed using grant funds subject to limitations indicated below. Out-of-state travel requires prior approval and may be subject to additional restrictions. Travel Cost and Reimbursement Limitations Travel may be billed and reimbursed only as allowed by the State of California's established travel reimbursement rates in effect as of the date(s) of travel and must be included in the approved budget. Travel expenditures that exceed the State's allowable rates will be reimbursed only up to the amount allowed and the Grantee will be responsible for the balance. Travel costs may only consist of the reasonable and necessary charges for commercial fares, public transportation, private vehicle, overnight and day parking of private or rental vehicles, bridge and road tolls, meals, lodging, and incidentals, incurred for travel necessary for the performance of the grant. Documentation of Travel Expenses Travel costs shall be substantiated by receipts made available to DOJ upon request for reimbursement. Acceptable documentation of travel expenses includes copies of receipts for meals, lodging, etc., and if applicable, completed agency mileage forms. All receipts must show 'paid'. Training Each grant recipient should send at least one representative to a workshop offered by the Tobacco Grant Program during the first year of each grant award. All trainings must be Tobacco Grant -related. If the training is not offered by DOJ and specifically related to the Grant Agreement, then prior approval must be sought. To obtain prior approval for training, the Grantee must submit specific training information (e.g., flyer, agenda, registration notification, etc.) to confirm it covers tobacco -related content. No portion of training covering non -tobacco topics (e.g. alcohol, cannabis, or other drugs) will be reimbursable. Acceptable documentation for reimbursement of training expenses includes copies of receipts, proof of payment, and training information and approval notification from DOJ as noted above. Any travel associated with the training must comply with travel requirements noted above. Other Expenses Supplies and Materials Supplies and materials that directly support the applicant's project and are not restricted items may be purchased using grant funds. Items in this category must not meet the definition of Equipment and may be consumable. All items which include artwork and/or anti -tobacco messaging require pre -approval from DOJ. As a guideline, the anti -tobacco logo/message must be the prominent feature and should be at least 25% larger than any other logo/message in the design. If there is a front and back to an item, the anti - tobacco logo/message must be placed on the front. Examples of allowable supplies/materials (if approved in the budget) include but are not limited to: • Education materials (pamphlets, brochures, flyers). • Community outreach items (e.g., pop-up tent, table, tablecloth, prize wheel). 9 22 • Promotional materials with an anti -tobacco message (e.g., hats, t-shirts, pencils/pens, water bottles, draw string/reusable bags, lanyards). The anti -tobacco messaging should be predominant and can be an image and/or text. Approval of logo/messaging is required from DOJ prior to purchase of the items. Operating Costs Examples of allowable operating costs (if approved in the budget) include, but are not limited to: • Contracts and inter -agency agreements. • Cell phone, including monthly service costs, allocable to grant project activities. • Media campaigns (prior approval of logos, language/statements to be used, pictures/graphics, etc., must be obtained from DOJ prior to expenditure of funds). • Office equipment (e.g., laptop/PC/printer) allocable to the grant project activities. • Video/Audio recording devices (for enforcement operations). • "Buy Money" used in the course of enforcement operations. ADMINISTRATIVE COSTS Administrative costs, if included in the Grantee's budget, are limited to no more than 5% of direct project expenses (See Rev. & Tax. Code, § 30130.57, subd. (f) and (g)). RESTRICTED ITEMS Grant funds shall not be used to purchase items that are considered restricted and/or intended for personal use. Examples include but are not limited to: • Ammunition • Awards • Award certificates • Balloons • Briefcases • Calendars (decorative) • Cleaning supplies • Coffee pots and supplies • Drones • Facilities lease/rent • Facilities renovations • Firearms and related accessories (scopes, holsters, racks, etc.) • Food, beverages, and any other consumables (including for meetings/conferences) • Gift Cards • Hand sanitizers • K9 • Kleenex/tissue papers • Luggage 10 23 • Luggage carriers • Pepper spray • Personalized products used to advertise an agency and/or programs (e.g., pens, magnets) that are not specific to an anti-smoking/anti-tobacco campaign • Picture frames • Plastic eating utensils • Portable fans • Portable heaters • Refrigerators • Ribbons • Uniforms and standard complement items (battle dress uniforms, vests, boots, etc.) • Vehicles and/or vehicle trailer purchases (vehicle usage, leases, fees, and mileage reimbursement are allowable) If there is a question about whether an item will be approved for reimbursement, then prior approval from the Tobacco Grant Program should be sought. RECORD AND MATERIALS MAINTENANCE RECORDS RETENTION PERIOD Your agency must maintain grant records for the retention period established by your agency for those types of records OR for five years after a grant is closed out by DOJ, whichever is longer. RECORDS TO MAINTAIN Your agency must maintain records relating to the application, grant agreement, budget, and performance of projects. These records include, but are not limited to, reports of enforcement activities, educational programs, policy programs; personnel activity records; payroll records; travel claims; receipts; documents showing the calculation or methodology for determining whether funds were supplanted; and documents showing the calculation or methodology for determining administrative costs. TOBACCO PRODUCTS Grantees shall retain and preserve the tobacco products purchased or otherwise obtained during the course of performing a project, and the purchase records for such tobacco products, in accordance with the Grantee's written policies regarding retention, destruction or forfeiture of such items. EQUIPMENT Grantees shall maintain property records for the records retention period for each item of tangible property considered as equipment. USE OF SUBMITTED DATA Data submitted pursuant to the Grant Agreement may be compiled for DOJ use. 11 24 PUBLIC RECORDS ACT NOTICE Grant documents, including correspondence, are considered public records and subject to the disclosure requirements of the California Public Records Act (CPRA) as solely determined by DOJ. 12 25 GRANT MANAGEMENT INVOICING INVOICE PACKAGES Submit invoices using DOJ-provided forms with all required attachments via email to TobaccoGrants@doi.ca.gov. A complete invoice package must include: • The invoice cover page signed by the agency representative; • The invoice detail pages; and • Documentation of costs incurred and their subsequent payment for all Operating Expenses and Equipment (Section B) claimed. Goods and services received must be shown to have been paid in full. Grantee must be in possession of supporting documentation for all claimed expenses prior to requesting reimbursement. OTHER REQUIREMENTS Prior to authorizing reimbursement on invoices submitted, DOJ will compare expenses claimed against all required reporting. INVOICING FREQUENCY AND DEADLINES Invoices, or requests for reimbursement, must be submitted quarterly (in arrears) by the deadlines listed below. If the date falls on a weekend or holiday, the reimbursement package will be due on the next business day: Table 1. Invoicing Timeline Quarter Date Range Covered (based on payment dates) Due Date Summer July 1— September 30 October 15 Fall October 1— December 31 January 15 Winter January 1— March 31 April 15 Spring April 1—June 30 July 15 13 26 REPORTING REQUIREMENTS QUARTERLY PROGRESS REPORTS Quarterly progress reports (QPRs) must be submitted electronically using a unique link and instructions sent by DOJ via email prior to each report due date. Grantees are expected to describe grant activities undertaken pursuant to the grant during the reporting period. ENFORCEMENT DATA REQUIREMENT Grantees performing tobacco retail enforcement or inspections must provide supplemental data regarding these activities on the same schedule as QPRs. This data must be submitted separately to TobaccoData@doi.ca.gov using the DOJ-provided form. REPORTING FREQUENCY AND DEADLINES Reports referenced below must be submitted quarterly by the deadlines listed below. If the date falls on a weekend or holiday, the report will be due on the next business day. Table 2. Reporting Timeline Quarter Date Range Covered (based on activity dates) Due Date Summer July 1— September 30 October 15 Fall October 1— December 31 January 15 Winter January 1— March 31 April 15 Spring April 1—June 30 July 15 MODIFICATIONS Grantees seeking to modify any aspect of their grant should first contact their Grant Program Officer by emailing TobaccoGrants@doi.ca.gov for assistance. Specific cut-off dates and limitations may apply. BUDGET MODIFICATIONS A Budget Modification is limited to moving funds from one fiscal year to another and/or realigning funds between existing line items up to a 10% increase of the original amount awarded for any single line item across all fiscal years. Budget Modification requests require the submission of the Modification Request form and a revised Budget Detail. Up to three Budget Modifications are allowed per fiscal year during the Grant Term. 14 27 GRANT MODIFICATIONS A Grant Modification involves change to the Grant Agreement that exceeds the scope of a Budget Modification. Requests for a Grant Modification may propose changes to the use of grant funds, project description, project timeline, or other changes related to the project or budget. Grant Modification requests require submission of the Modification Request form including written justification of the need for changes and description of how the proposed changes align with the grant award. Requests modifying the budget require submission of a revised Budget Detail. Requests modifying goals and activities require submission of a revised Summary of Award. Only one Grant Modification is allowed during the Grant Term. EXTENSIONS DOJ cannot reimburse for any expenses paid after the end date of the Grant Term as specified in the MOU. Flexibility to expend funds across four fiscal years is built into the MOUs. DOJ will not consider requests to extend the Grant Term unless received by DOJ at least six months prior to the end date of the MOU. CLOSEOUT DOJ shall conduct closeout review activities prior to closing out each grant to ensure that all necessary administrative actions and projects have been completed by the Grantee. Closeout review activities include, but are not limited to, review of required reporting, verification that any performance issues are resolved, and verification that any audit or agreed -upon -procedure findings are resolved. 15 28 DEFINITIONS The following definitions apply to the Tobacco Grant Program: Administrative Costs The necessary and reasonable indirect expenses as allowed under the terms and conditions of the grant agreement. Application An application is a request by an eligible agency to receive a grant from DOJ pursuant to Revenue and Taxation Code section 30130.57, subdivision(e)(1). Contractor An entity or person, including a consultant, that enters into a contract with a Grantee to perform an approved grant -related activity. May also be referred to as a "Partner." DOJ The California Department of Justice. Equipment An item that has a per -unit acquisition cost of $5,000 or more and a useful life of at least one year. Equipment should be purchased within the first year of the project in order to maximize its utility during the grant term. Grant An award of financial assistance made to a Grantee, the principal purpose of which is the transfer of funds to carry out a project of public benefit authorized and intended by Revenue and Taxation Code section 30130.57, subdivision (e)(1), a Proposal, and the Grant Agreement between the Grantee and DOJ. Grant Agreement The final agreement entered into between DOJ and a Grantee, which sets forth the terms and conditions of the Grant. The grant agreement includes the executed MOU, Request for Proposals and associated documents, Summary of Award document, Budget Detail, and this Handbook. Grant Program Officer A DOJ staff member assigned as the primary point -of -contact for Grantees with regards to the implementation and administration of the grant. Formerly titled "Grant Administrator." Grant Term The period of time provided for in the Grant Agreement. Previously referred to as "Grant Duration." Grantee A local agency to which a Grant is awarded. 16 29 Inspection Data Information regarding retailer inspection or enforcement activity by a Grantee under the terms of the grant agreement, including, but not limited to, information about retailer location, retailer violations, retailer inspections, and retail -related citations, licensing actions, administrative proceedings, diversion proceedings, and prosecutions. Inspection data includes information regarding such activities whether or not a violation was found or a citation was issued. A grant agreement may contain further information about what constitutes inspection data, how it is to be gathered and retained by a Grantee, and how and when it is to be reported to DOJ. Letter of Intent (LO/) A document affirming an awarded agency's intent to accept the grant award. Local Law Enforcement Agency A local government entity, such as a county, city, district, public authority, public agency, and any other political subdivision or public corporation that can support and hire law enforcement peace officers (as defined in Penal Code section 830) and is authorized to: (1) Investigate or conduct an official inquiry into enforcement of state and local laws, ordinances, regulation, and policies related to the illegal sales and marketing of tobacco products to minors and youth, or (2) Prosecute or otherwise conduct a criminal or civil proceeding arising from the illegal sales of tobacco products to minors and youth. Project An undertaking that is planned to conduct activities and achieve stated goals and objectives for which funds were awarded by DOJ to a Grantee from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund. Quarterly Progress Reports (QPRs) Reports of grant -related activity performed in accordance with the approved project. Submission of these reports is required on a quarterly basis. Records Retention Period The period of time after the grant is closed out that a Grantee must maintain records related to the grant, which is at least five years from the date the grant is closed by DOJ. Request for Proposals (RFP) A solicitation for project proposals from eligible Local Law Enforcement Agencies. Summary ofA ward Document that contains the Grantee's approved goals/objectives and budget narrative reflective of any reductions and/or revisions. Supplant Using grant funds to pay for costs that are already funded within your agency's budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. The 17 30 effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement. Tobacco Products The same meaning as in Revenue and Taxation Code section 30121. 18 31