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Home My WebLink AboutAGR-7637 - U S DEPARTMENT OF JUSTICE - ORANGE POLICE DEPARTMENT - MOU TOBACCO GRANT PROGRAM FROM NOVEMBER 2023 THROUGH JUNE 2027A,,R-7( 37 4HE ATTORNEYe a#q!.v Tobacco Grant Programliberty O kr, undern' ; Grant Services Branch - Local Assistance OEPARTMf* Division of OperationsO Orange Police Department DOJ-PROP56-2023-24-1-020 MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding ("MOU") is entered into by the Department of Justice ("DOJ") and the Orange 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 2023-24 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 March 2023), 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 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 1of3 Orange Police Department DOJ-PROP56-2023-24-1-020 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: 11/1/2023—6/30/2027 Award Amount Budget Budget Budget Budget Category of Expenditure FY 2023-2024 FY 2024-2025 FY 2025-2026 FY 2026-2027 Personal Services 76,659 76,659 76,659 Operating Expenses and Equipment 992 0 0 Administrative Costs (Not to 0 0 0 Exceed 5%) TOTAL AWARD AMOUNT 230,969 The time limit for reimbursements against this award ends 6/30/2027. Requests for reimbursement received after 7/15/2027 cannot be considered by DOJ. GRANTEE CONTACT INFORMATION Hilda Montoya, Sr. Administrative Analyst Orange Police Department, Support Services Division 1107 N Batavia Street Orange, CA 92867 714-744-7522 hmontoya@orangepd.org Page 2 of 3 Orange Police Department DOJ-PROP56-2023-24-1-020 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 TobaccoGrantst'doj.ca.gov, care of the Division of Operations, Grant Services Branch, Local Assistance Unit,Tobacco Grant Program, and will beyome fully executed upon completion of signatures from all parties. 1;4///2745 f//C) .Xy Dan Adams Date Chief of Police Orange Police Department Thomas C.Iiisela Date City Manager City of Orange APPROVED AS TO FORM SO.' rJ, aligA...`1110 11013A Nathalie1 Date Senior Assistant City Attorney City of Orange Jennifer Ive Digitallyer signedIveJohby ry Jennifry, nson Johnson Date:2024.02.16 09:48:59-08'00' JENNIFER IVERY JOHNSON,Grant Manager Date Division of Operations California Department of Justice StacyDigitally signed by Stacy Heinsen Heinsen Date:2024.02.21 10:38:23-08'00' STACY HEINSEN,Administrative Manager Date Division of Operations California Department of Justice Digitally signed by Chris Chris Ryan pace:2024.02.23 10:51:58-08'00' CHRIS RYAN,Chief Date Division of Operations California Department of Justice Page 3 of 3 RESOLUTION NO. 11515 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ACCEPTING FUNDS IN THE AMOUNT OF $230,969 FROM THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE, OFFICE OF ATTORNEY GENERAL, TOBACCO LAW ENFORCEMENT GRANT PROGRAM, AND AUTHORIZING THE CHIEF OF POLICE OR CITY MANAGER TO EXECUTE THE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING AND RELATED DOCUMENTS WHEREAS, the City of Orange (City) is interested in participating in the Tobacco Law Enforcement Grant Program(the 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 Grant Program,the State of California DOJ offered to award$230,969 for the Grant Program beginning November 1,2023 and ending June 30, 2027; and WHEREAS, Grant Program funds will be used for personal services, operating expenses and equipment related to tobacco enforcement operations, local retailer inspection operations, DOJ-sponsored training, and related activities authorized by the Grantee Handbook; and WHEREAS,in order to be considered eligible to receive Grant Program funding,the City must adopt a Resolution accepting the award and submit an executed Grant Program Award Memorandum of Understanding to the State of California DOJ. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE AS FOLLOWS: 1.The City of Orange accepts an award in the amount of$230,969 from the State of California DOJ for the Grant Program. 2.The City Manager or Chief of Police is hereby authorized and directed, on behalf of the City,to execute any documents related to acceptance of the Grant Program funding. 3.The City Manager or Chief of Police is hereby authorized and directed, on behalf of the City,to execute the Grant Program Award Memorandum of Understanding(DOJ-PROP56- 2023-24-1-020)and any related 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 Program. 4.The City Manager or Chief of Police is hereby authorized and directed to establish all required accounts and make any and all expenditures, appropriations, transfers, 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. 5.Grant Program funds received hereunder shall not be used to supplant ongoing law enforcement expenditures. ADOPTED this 9th day of January 2024. Daniel R. Slater, Mayor, City of Orange ATTEST: ela oleman, City Cl , City of Or ge APPROVED AS TO FORM: Mike Vigliotta, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ORANGE I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a Regular Meeting thereof held on the 9th day of January 2024, by the following vote: AYES:COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Bilodeau, Gutierrez, Gyllenhammer, and Slater NOES:COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 10-1 P a Colman, City Clerk, Ci of range Resolution No. 11515 2