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11-13-2018 CC Rpt 17COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: NOVEMBER 13, 2018 FROM: CITY MANAGER ITEM NO:17 SUBJECT:ACCEPTANCE OF GRANT AWARD FOR THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO LAW ENFORCEMENT GRANT RECOMMENDATION: 1.Accept the California Department of Justice Tobacco Law Enforcement Grant in the amount of $95,818. 2.Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2018-19 INCREASING MISCELLANEOUS GRANTS FUND BY $67,099 FOR THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO LAW ENFORCEMENT GRANT. 3.Authorize the City Manager to execute an agreement with the California Department of Justice for the Tobacco Law Enforcement Grant. 4.Certify that the project is consistent with the general plan and determine that this project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Cal. Code Regs. §§ 15061(b)(3). BACKGROUND/ANALYSIS: On May 24, 2018, City of Chino Hills and Police Department staff, with assistance from our grant consultant, Blaise and Associates, submitted a Tobacco Law Enforcement Grant proposal to the California Department of Justice Office of the Attorney General. The Tobacco Law Enforcement Grant program is designed to support front-line law enforcement activities that promote tobacco awareness and enforce state and local laws related to the illegal marketing and sale of tobacco to minors. The City's grant proposal sought support for Chino Hills Police Department personnel training, community outreach, educational presentations in schools, and enforcement activity at tobacco related businesses. The City was awarded funding to provide Police Department staff with additional training on tobacco-related issues. The City will work with Police Department staff to roll out a tobacco-related community outreach campaign that includes media releases, website and social media content and electronic message boards funded by grant money. Additionally, the City will be able to use grant funds to pay Police Department staffing costs associated with school-based educational presentations and enforcement programs. Police Department staff will conduct educational presentations at middle schools about local and state laws and the dangers of smoking (including e- cigarettes). Lastly, the grant will be used to pay for Police Department enforcement activity that includes minor decoy operations that test tobacco sellers' compliance with age- verification sale requirements and shoulder tap operations that ask someone of legal age to purchase tobacco products for a minor. 108/211 The City was awarded $95,818 in Tobacco Law Enforcement Grant funding to support the above activities for two fiscal years. City and Police Department staff are in the process of developing the full program for implementation in Fiscal Year 2018-19 and 2019-20. A Memorandum of Understanding between the City of Chino Hills as the Grantee and the California Department of Justice as the Grantor is required to implement the program and authorize expenditures under the Grant. ENVIRONMENTAL (CEQA) REVIEW: This proposed action is not subject to review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.; "CEQA") and CEQA Guidelines (14 California Code Regulations §§ 15000, et. seq.) as this Project consists of the acceptance of the grant and the subsequent personnel training, community outreach, educational presentations in schools, and enforcement activity at tobacco related businesses. The proposed project does not have the potential to cause significant effects on the environment. Consequently, it is not subject to CEQA review under Cal. Code Regs. §§ 15061(b)(3). FISCAL IMPACT: The proposed budget amendment will increase the revenue and expenditure budget in the Miscellaneous Grants Fund by $67,099. Future grant costs will be budgeted for in the appropriate fiscal year. There is no impact on the General Fund with this item. Respectfully Submitted,Recommended By: Attachments RESOLUTION EXHIBIT NO. 1 - BUDGET AMENDMENT MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING_ATTACHMENT 1 109/211 Page 1 of 2 RESOLUTION NO. 2018R-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2018-19 INCREASING MISCELLANEOUS GRANTS FUND BY $67,099 FOR THE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO LAW ENFORCEMENT GRANT WHEREAS, the City Manager has presented to the City Council a proposed budget for Fiscal Year 2018-19; and WHEREAS, the City Council of the City of Chino Hills conducted a public meeting on June 12, 2018, to consider the Fiscal Year 2018-19 budget document, and adopted a budget for the fiscal year commencing July 1, 2018, and ending July 30, 2019; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Budget Adjustment No. 19B027 is hereby approved as reflected on Exhibit No. 1, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 13th day of November, 2018. _________________________________ PETER J. ROGERS, MAYOR ATTEST: _________________________________ CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: _________________________________ MARK D. HENSLEY, CITY ATTORNEY 110/211 Page 2 of 2 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) § CITY OF CHINO HILLS ) I, Cheryl Balz, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Resolution No. 2018R-_____ was duly adopted at a regular meeting of the City Council of the City of Chino Hills held on the 13th day of November, 2018, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ___________________________________ CHERYL BALZ, CITY CLERK The foregoing is the original of Resolution No. 2018R-____ duly passed and adopted by the Chino Hills City Council at their regular meeting held November 13, 2018. ___________________________________ CHERYL BALZ, CITY CLERK 111/211 Exhibit No. 1 \ BA # 19B027 Date:11/13/2018 Fiscal Year: 2018-19 Requested by:Megan Dearing, Management Analyst II Amount: $67,099.00 Dept/Div:City Manager's Office Description: Appropriate funds for the Tobacco Law Enforcement Grant EXPENDITURES Account Number Project Number Account Description Current Budget Proposed Amendment Amended Budget 199-6000-888-3170 TLEG19 Misc. Grants - Professional Services -$ 27,299.00$ 27,299.00$ 199-6000-888-4030 TLEG19 Misc. Grants - Printing & Photocopy - 1,000.00 1,000.00 199-6000-888-4445 TLEG19 Misc. Grants - Special Parts/Supplies - 800.00 800.00 199-6000-888-8060 TLEG19 Misc. Grants - Vehicles/Equipment - 38,000.00 38,000.00 - - - - - - - - - - - REVENUES Account Number Project Number Account Description Current Budget Proposed Amendment Amended Budget 199-0000-323-4800 TLEG19 Misc. Grants - Tobacco Law Enforce -$ 67,099.00$ 67,099.00$ - - - - - REASON/JUSTIFICATION CITY OF CHINO HILLS BUDGET AMENDMENT To adjust the budget in the Miscellaneous Fund for the Tobacco Law Enforcement Grant the City was awarded for Fiscal Year 2018-19. 112/211 City of Chino Hills Konradt Bartlam, City Manager 14000 City Center Drive Chino Hills, CA 91709 (909) 36 4-2611 kbartlam@chinohills.org MEMORANDUM OF UNDERSTANDING with the California Department of Justice July1, 2018– June 30, 2020 113/211 DOJ-PROP56-2017-18-2-004 Page 2 I PURPOSE This Memorandum of Understanding (the “MOU”) is entered into by the Department of Justice (“DOJ”) and the City of Chino Hills (hereinafter, “Grantee”), to provide grant funds to Grantee for expenditure. 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 Proposals for activities of Local Law Enforcement 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. This MOU becomes effective upon completion of all signatures, and expires on June 30, 2020. The DOJ grants to Grantee $95,818 (the “Grant Amount”) for expenditure in accordance with this MOU, including the Scope of Work included in the approved Grant Application. The Request for Proposals, Grantee Handbook and Grant Application are incorporated by reference into this MOU. II COMMUNICATION All reports, notices, requests, and/or correspondence pertaining to this MOU shall be forwarded to the Tobacco Grant Unit at: California Department of Justice Division of Law Enforcement Attn: Shannon Patterson 1300 I Street, Suite 1140 Sacramento, CA 95814 TobaccoGrants@doj.ca.gov (916) 210-7418 III BUDGET Grantee agrees to expend the Grant Amount in accordance with the approved Budget (Attachment 1). Grantee must submit any request for a change to a Budget item in writing or via e-mail to the DOJ and any changes to the Budget must be pre-approved in writing by the Tobacco Grant Unit at least thirty (30) days in advance of any change to the Budget item. IV COST REIMBURSEMENT/INVOICING DOJ agrees to reimburse Grantee, in arrears, for Grantee’s actual expenditures in performing the Scope of Work, upon receipt of invoices from Grantee and approval of the invoices by DOJ. Grantee will submit only one (1) invoice each month for items included in the Budget, included 114/211 DOJ-PROP56-2017-18-2-004 Page 3 completed travel and training, if applicable. The Grantee is required to ensure that all vendor deliverables are accepted and approved, equipment delivered, travel completed, and administrative activities performed. Invoiced amounts may not exceed the costs specified in the approved Budget.1 Grantee will provide substantiation to DOJ pertaining to acceptance of hardware, software, services, and deliverables along with approved invoices for payment. Invoices paid by the Grantee and submitted to the DOJ for reimbursement must include the invoice number, invoice date, service period, agreement number, vendor name, vendor contact information, amounts, along with the approved Budget Template clearly identifying which expenditure the invoice is associated with. Grantee shall provide copies of packing slips substantiating delivery of purchased equipment. Grantee invoices and supporting documentation must be sent to the DOJ in hard copy format no later than the 15 th calendar day following the month of expenditure. (Example, a purchase made on June 2nd would require invoice to be received by the DOJ no later than July 15th). Invoices must be e-mailed or delivered via U.S. Mail addressed to: California Department of Justice Division of Law Enforcement Attn: Tobacco Grant Unit 1300 I Street, Suite 1140 Sacramento, CA 95814 TobaccoGrants@doj.ca.gov V 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 amendment to the Grantee to reflect the reduced amount. VI QUARTERLY REPORTING REQUIREMENTS Grantee will submit quarterly progress reports to the DOJ. These reports, which will describe progress made on the recipient’s Scope of Work, shall be submitted to DOJ according to the following schedule: 1 Approved Budget included under Attachment 1. 115/211 DOJ-PROP56-2017-18-2-004 Page 4 1) January 1 through March 31: Due April 15 2) April 1 through June 30: Due July 15 3) July 1 through September 30: Due October 15 4) October 1 through December 31: Due January 15 Grantees shall submit any other reports and data as required by the DOJ. VII ADMINISTRATION AND AUDIT The DOJ is not liable for the Grantee’s use of funds or any subsequent audit findings. Grantee agrees that the DOJ and the California State Auditor, or their designated representatives shall have the right to review and copy any records and supporting documentation pertaining to the funds expended by Grantee and the Grantee’s performance of the Scope of Work under this MOU. Grantee agrees to maintain all such records and reports for possible audit for a minimum of three (3) years after payment by DOJ of the final invoice submitted by Grantee. Grantee agrees to allow access to such records during normal business hours and to allow interviews with officers and employees who might reasonably have information related to such records. [Grantee agrees to include a similar right for DOJ and the California State Auditor to audit records and interview staff in any subcontract related to performance of the MOU.] 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 Grant Handbook. Actions include but are not limited to requiring Grantee to return grant funds, and any other remedies available under law, and the Grantee may be disqualified from applying for or receiving future grant funds. VIII GRANTEE CONTACT INFORMATION Konradt Bartlam, City Manager City of Chino Hills, City Manager’s Department 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2611 kbartlam@chinohills.org Benjamin Montgomery, Assistant City Manager City of Chino Hills, City Manager’s Department 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2715 bmontgomery@chinohills.org 116/211 DOJ-PROP56-2017-18-2-004 Page 5 John Walker, Captain San Bernardino County Sheriff’s Department 14077 Peyton Drive Chino Hills, CA 91709 (909) 364-2002 jwalker@sbcsd.org Chris Ilizaliturri, Lieutenant San Bernardino County Sheriff’s Department 14077 Peyton Drive Chino Hills, CA 91709 (909) 364-2002 cizzy@sbcsd.org David Frayeh, Sergeant San Bernardino County Sheriff’s Department 14077 Peyton Drive Chino Hills, CA 91709 (909) 364-2002 dfrayeh@sbcsd.org IX MISCELLANEOUS PROVISIONS Amendment-No amendment 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. 117/211 DOJ-PROP56-2017-18-2-004 Page 6 X AUTHORIZATION The DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future amendments shall be forwarded to the Division of Law Enforcement, Office of the Chief, with all its attachments, and will become effective upon completion of signature from all parties. _______________________________________ ___________________ KONRADT BARTLAM, CITY MANAGER Date City Manager’s Office City of Chino Hills Attest: _______________________________________ ___________________ CHERYL BALZ, CITY CLERK Date _______________________________________ ___________________ SHANNON PATTERSON, GRANT MGR.Date Office of the Chief California Department of Justice _______________________________________ ___________________ KEVIN GARDNER, Chief Date Office of the Chief California Department of Justice _______________________________________ ___________________ CHRIS RYAN, Chief Date Office of Fiscal Management California Department of Justice 118/211 ATTACHMENT 1 119/211 120/211 121/211