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HomeMy WebLinkAboutCC Reso 2022-02 RESOLUTION NO. 2022-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $639,143 FROM THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF ATTORNEY GENERAL, FOR A TOBACCO GRANT PROGRAM WHEREAS, the City of Cathedral City (City) is interested in participating in the Tobacco Grant Program, which is made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Prop 56) and administered by the California Department of Justice (DOJ) to support local efforts to reduce the illegal sale of tobacco products to minors in the City; and WHEREAS, following the City's submittal of a proposal for the Program, the State of California DOJ offered to award $639,143 for a 36-month grant program for Fiscal Years 2021-2022, 2022-2023, and 2023-2024; and WHEREAS, Grant Funds will be used to educate students in grades 4-12 and education for CCPD personnel regarding tobacco laws. It also includes education to the 49 licensed tobacco retailers within the city and outreach/education to the public via social media. In addition, funding has been approved for signage to provide to retailers and education materials/brochures to provide to students and retailers. Lastly, compliance checks and enforcement will be conducted by CCPD personnel to combat the sale of tobacco products to minors; and WHEREAS, the funding for the plan will be comprised of reimbursement of patrol overtime to conduct education, compliance operations, and public outreach. It will also include funding toward the position of School Resource Officer to conduct tobacco related education within Cathedral City's schools. Reimbursement for signage, brochures, and tobacco products used for educational purposes and reimbursement of administrative costs associated with the program are also included; and WHEREAS, in order to be considered eligible to receive grant funding, the City must submit a completed Grant Award Memorandum of Understanding to the State of California DOJ, which is attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cathedral City as follows: SECTION 1. The City Manager or a designated representative is hereby authorized, on behalf of the City, to accept grant funding in the amount of $639,143 from the State of California DOJ. SECTION 2. The City Manager or a designated representative is hereby authorized, on behalf of the City, to execute the grant documents and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant. SECTION 3. The City Manager is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfer, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this resolution. SECTION 4. The Grant Funds received hereunder shall not be used to supplement ongoing law enforcement expenditures. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the Resolution is passed and adopted. PASSED, APPROVED AND ADOPTED at a regular meetingof the CityCouncil 9 of the City of Cathedral City held on this 12th day of January 2022, by the following vote: Ayes: Councilmembers Gregory, Ross and Carnevale; Mayor Pro Tem Lamb and Mayor Gutierrez Noes: None Absent: None Abstain: None Ernesto Gutierrez, Mayor ATTEST: I-—{k SI; i_or tracey R. Fv rtinez,'City Clerk J APPROV AS 0 FORM: r Eric S. ail, City Attorney Exhibit A DOJ-PROP56-2021-22-1-011 MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding (MOU) is entered into by the Department of Justice (hereinafter, "Department") and the City of Cathedral City(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 Summary of Award document 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 March 2021), and Summary of Award document are hereby incorporated by reference into this MOU. COST REIMBURSEMENT The Department 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, upon receipt of invoices from Grantee and approval of the invoices by the Department, 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 Department 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 Department shall have the option to either cancel this MOU with no liability occurring to the Department, 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, the Department may take one or more of the actions described under 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 Department, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU. Termination—The Department may terminate this MOU and be relieved of any obligation to provide grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU. Page 1 of 2 DOJ-PROP56-2021-22-1-011 TERMS Grant Duration: 12/1/2021—6/30/2025 Award Amount Category of Expenditure Budget Budget Budget Budget FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 Personal Services $196,965 $206,711 $217,071 $0 Operating Expenses and Equipment $1,340 $740 $740 $0 Administrative Costs (Not to Exceed 5%) $5,192 $5,192 $5,192 $0 TOTAL AWARD AMOUNT $639,143 The time limit for reimbursements against this award ends 6/30/2025. Requests received after 7/15/2025 cannot be reimbursed by the Department. GRANTEE CONTACT INFORMATION Kathryn Cox, Grant Coordinator Cathedral City Police Department 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234 760-202-2443 kcox@cathedralcity.gov AUTHORIZATION The Department and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be mailed to the Division of Operations, Local Assistance Unit,Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. George Crum,Chief of Police Date Cathedral City Police Department Jennifer Nellis,Senior Admin Analyst Date Cathedral City Police Department Kathryn Cox,Grant Coordinator Date Cathedral City Police Department STACY HEINSEN,GRANT MGR. Date Division of Operations California Department of Justice CHRIS RYAN,CHIEF Date Division of Operations California Department of Justice Page 2 of 2