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HomeMy WebLinkAboutResolution - Reso 2024-46 - 11/13/2024 RESOLUTION NO. 2024-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $135,975 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 $135,975 for a 36-month grant program for Fiscal Years 2024-2025; 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 $135,975 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. SECT!, N 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 meeting of the City Council of the City of Cathedral City held on this 13th day of November 2024, by the following vote: Ayes: Councilmembers Lamb, Gutierrez, Gregory;Mayor Pro Tem Ross and Mayor Carnevale Noes: None Absent: None Abstain: None ( Mark arnevale, Mayor ATTEST: t i 44 'Na L Tracey R. Hermosillo, City Clerk APPROVED AS TO F / Eric S. Vail, City Attorney Exhibit Tobacco Grant Program Grant Services Branch - Locat Assistance Division of Operations Cathedral City Police Department DOJ-PROP56-2024-25-1-011 MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding("MOU")is entered into by the Department of Justice("DOJ") and the Cathedral City Police Department("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 Cathedral City Police Department DOJ-PROP56-2024-25-1-011 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 Budget Budget Budget FY 2024-2025 FY 2025-2026 FY 2026-2027 FY 2027-2028 Personal Services $42,721 $42,721 $42,721 $ Operating Expenses and Equipment $500 $500 $500 $ Administrative Costs(Not to $ Exceed 5%} $2,104 $2,104 $2,104 TOTAL AWARD AMOUNT $135,975 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 Jon Enos, Commander Cathedral City Police Department 68700 Avenida Lalo Guerrero, Cathedral City, CA.92234 (760)202-2415 jenos@cathedralcity.gov Page 2 of 3 Cathedral City Police Department D0J-PROP56-2024-254-011 AUTHORI TION 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 TobaccoGrantsfq)doi.cagov, care of the Division of Operations, Local Assistance Unit,Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. NAME: Date Title: Agency: ) I 2 " UL L LL4k, Et Date Tide: 'CINA ev" 1°c:A - Agency: —70Z r • E: arc 14., Date Title: C,71 Agency:• I CI Ai Jennifer ivery joeignillyrsivigenryedjel,Tirnson Johnson Date:2024 12.03 08.48°58-08°00' JENNIFER IVERYJOH •N,Grant Manager Date Division of Operations California Department of Justice Nicole Digitally signed by Nicole Learned Learned Date:2024.12.03 10:42:06 -08°00° NICOLE - ED,Administrative Manager Date Division of Operations California Department of Justice Digitally signed by Chris ChriRyan s Ryan Date:an 2024.12.03 12:07:12 -08°00' CHRIS RYAN,Chief Date Division of Operations California Department of Justice Page 3 of 3