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R 5072 RESOLUTION NO. 5072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO ACCEPT GRANT FUNDS IN THE AMOUNT $59,460 FROM THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO LAW ENFORCEMENT GRANT PROGRAM AND AUTHORIZE THE EXECUTION OF A GRANT AGREEMENT WHEREAS, the City of Arroyo Grande desires to participate in the Tobacco Law Enforcement 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 to support local efforts to reduce the illegal sale of tobacco products in the City; and WHEREAS, the Arroyo Grande Police Department submitted a proposal to participate in the grant program and the State of California Department of Justice awarded the City $59,460 for a three-year program for the period covering January 1, 2021, through June 30, 2024; and WHEREAS, the grant funds will be used for salary expenditures related to educational opportunities for children, tobacco enforcement operations, local retailer inspections and training and the grant funds received from the Department of Justice shall not be used to supplant expenditures of the General Fund approved by this body. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby authorize the Chief of Police of the City of Arroyo Grande to execute on behalf of the City of Arroyo Grande the Memorandum of Understanding attached hereto as Exhibit A and incorporated herein, including any extensions or minor amendments thereof. On motion of Council Member Barneich, seconded by Council Member Paulding, and by the following roll call vote, to wit: AYES: Council Members Barneich, Paulding, Storton, George, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was approved this 27th day of April, 2021. RESOLUTION NO. 5'6101 PAGE 2 10 IP CAREN RAY R :SOM, MAYOR ATTEST: SSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: WHITNEY 7 DONALD, CITY MANAGER APPROVED AS TO FORM: TIMOTHY iiikkfiliE:, CI , Y DOJ-PROP56-2020-21-1-002 MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding("MOU") is entered into by the Department of Justice ("DOJ") and the Arroyo Grande Police Department(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 Grant Application submitted by Grantee in response to the DOJ's Request for Proposal for activities of Local Government 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. The Request for Proposals,Grantee Handbook(dated February 2021), and Grant Application are hereby incorporated by reference into this MOU. COST REIMBURSEMENT DOJ agrees to reimburse Grantee in arrears,for Grantee's actual expenditures in performing the Scope of Work included in the approved Grant Application,upon receipt of invoices from Grantee and approval of the invoices by DOJ, 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 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 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, DOJ may take one or more of the actions described under Remedies for 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 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. Page 1 of 2 DOJ-PROP56-2020-21-1-002 TERMS Grant Duration: 1/1/2021—6/30/2024 Award Amount Category of Expenditure Budget Budget Budget Budget FY 2020-2021 FY 2021-2022 FY 2022-2023 FY 2023-2024 Personal Services $15,046 $29,730 $14,684 $0 Operating Expenses and Equipment $0 $0 $0 $0 Administrative Costs{Not to Exceed 5%) $0 $0 $0 $0 TOTAL AWARD AMOUNT $59,460 The time limit for reimbursements against this award ends 6/30/2024. Requests received after 7/15/2024 cannot be reimbursed by the DOJ. GRANTEE CONTACT INFORMATION Michael T Martinez,Chief of Police City of Arroyo Grande,Arroyo Grande Police Department 200 N. Halcyon Rd.,Arroyo Grande, CA.93420 805-473-5111 mmartinez@arroyogrande.org 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 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. 11110 11 r . .Inrrl►_... ► 3 25 2t MICHAEL T. .a csr, = « I 0-POUCE Date Arroyo Grande Police Departme 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 OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5072 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 27th day of April, 2021. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of April, 2021. .10 SSICA MATSON, CITY CLERK