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01-20-10 Packet
Page 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Wednesday, January 20, 2010 Regular Council Meeting Agenda 6:00 PM INVOCATION – Reverand Patrick Abent, Inner Quest Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 10-1015) 5) PUBLIC COMMENT 6) CONSENT AGENDA 1. Approval of the December 14, 2009 Work Session Meeting Minutes. (Agenda Item No. 10-1036) (Sudie Gordon, Interim City Clerk and Clerk of the Court) 2. Approval of Land Development Final Plats: a) Crabapple Brook Subdivision – Revision to change area of lots 33, 34 and Common area. b) Betty Delman – Minor Plat, subdivide 6.8 acre tract into 2 lots. (Agenda Item No. 10-1037) (Robyn MacDonald, Community Development Planner) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 20, 2010 – 6:00 PM Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Approval of Financial Statements for the period ending December 2009. (Agenda Item No. 10-1038) (Stacey Inglis, Finance Director) 7) REPORTS AND PRESENTATIONS 1. Presentation of Plaque for the Certificate of Achievement for Excellence in Financial Reporting for FY 2008 Comprehensive Annual Financial Report. (Presented by Joe Lockwood, Mayor) 2. Presentation of Certificate for the Award of Financial Reporting Achievement for FY 2008 Comprehensive Annual Financial Report. (Presented by Joe Lockwood, Mayor) 8) FIRST PRESENTATION (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. RZ09-05 – 12645 Birmingham Highway (SR 372) by McRae & Stolz, Inc. A request to rezone from C-1 (Community Business) to C-1 (Community Business) to change the use from an antique store to general commercial uses within the existing structure. (1st Reading January 6, 2010). (Agenda Item No. 10-1018) (Presented by Robyn MacDonald, Community Development Planner) 11) NEW BUSINESS 1. A Resolution for Consideration of Projects to be Submitted for the Use of MARTA Capital Reserve Funding. (Agenda Item No. 10-1039) (Presented by Carter Lucas, Public Works Director) 2. Approval for Execution of a Multi-jurisdictional Byrne Memorial Grant from the US Department of Justice through the Criminal Justice Coordinating Council to the Atlanta Judicial Council. (Agenda Item No. 10-1040) (Presented by Matt Marietta, Assistant to City Manager) 12) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 20, 2010 – 6:00 PM Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 13) STAFF REPORTS 1. Discussion of Needs Assessment Survey for Parks and Recreation. (Presented by Cyndee Bonacci, Parks and Recreation Director) 2. Discussion on Crabapple Circle Abandonment. (Presented by Carter Lucas, Public Works Director 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 10-1041) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: January 20, 2009 City Council Meeting Agenda Item: Financial Status Report for Period 3 – December 2009 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund Due to the late billing of property taxes, the City’s revenue collections for December were skewed in comparison to what was anticipated. In fact, they are 537.9% higher than anticipated. These excess funds will replenish the depleted FY 2009 fund balance. Total expenditures to-date are $4,372,577 and are 6.6% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $6,334,903, capital expenditures-to-date total $359,844. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $12,800 Sidewalk Replacement Fund: Balance: $70,558 City of MiltonSTATEMENT OF REVENUES & EXPENDITURESGeneral FundFor the Period Ending December 2009Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Property Tax 9,177,549 6,506,220 124,000 6,382,220 6,506,220 124,000 6,382,220Motor Vehicle Tax 500,000 34,776 41,667 (6,890) 80,073 83,333 (3,261)Intangible Tax 190,000 10,584 15,833 (5,249) 25,657 31,667 (6,010)Real Estate Transfer Tax 35,000 2,865 2,917 (52) 7,285 5,833 1,452Franchise Fees 1,700,000 0 0 0 0 0 0Local Option Sales Tax 3,400,000 305,049 283,333 21,715 594,263 566,667 27,596Alcohol Beverage Excise Tax 254,000 22,243 21,167 1,077 45,619 42,333 3,285Business & Occupation Tax 575,000 2,512 0 2,512 6,232 0 6,232Insurance Premium Tax 850,000 0 0 0 0 0 0Financial Institution Tax 23,000 0 0 0 0 0 0Penalties & Interest 53,000 12,017 5,100 6,917 12,017 5,100 6,917Alcohol Beverage Licenses 122,000 41,300 115,900 (74,600) 117,800 115,900 1,900Other Non-Business Permits/Licenses 11,710 1,932 3,011 (1,079) 6,176 4,413 1,763Zoning & Land Disturbance Permits 32,500 5,122 2,708 2,413 6,617 8,125 (1,508)Building Permits 50,000 3,456 4,167 (711) 7,519 12,500 (4,981)Other Charges for Service 326,160 9,844 22,555 (12,712) 47,895 74,643 (26,748)Municipal Court Fines 452,500 27,227 37,708 (10,481) 130,117 113,125 16,992Interest Earnings 20,000 0 1,667 (1,667) 1,802 5,000 (3,198)Contributions & Donations 0 0 0 0 0 0 0Other Revenue 37,802 0 0 0 2 0 2Other Financing Sources 7,000 0 0 0 0 0 0Total Revenue17,817,221 6,985,149 681,733 6,303,416 7,595,294 1,192,639 6,402,655Actual BudgetedVarianceover/(under)Actual BudgetedVarianceover/(under)Mayor and Council 157,189 8,578 10,392 (1,814) 24,037 35,342 (11,305)Clerk of the Council 572,785 47,292 107,496 (60,204) 194,797 186,679 8,118City Manager 395,023 19,875 32,128 (12,253) 60,108 105,702 (45,594)Finance 1,029,285 90,420 93,432 (3,012) 269,151 262,162 6,989Legal 200,000 24,581 16,667 7,915 24,581 33,333 (8,752)Information Technology 1,073,453 161,763 88,381 73,383 433,703 268,606 165,097Human Resources 334,251 19,649 24,310 (4,661) 52,594 79,488 (26,894)Risk Management 195,252 0 0 0 0 0 0General Government Buildings 482,415 42,206 38,001 4,205 117,085 114,004 3,082Public Information & Marketing 493,811 46,562 40,263 6,300 133,764 120,788 12,976Municipal Court 244,982 17,292 19,010 (1,718) 56,358 65,462 (9,104)Police 2,583,623 163,502 201,877 (38,375) 468,493 683,680 (215,187)Fire 4,189,001 293,126 326,351 (33,225) 866,161 1,110,448 (244,287)EMS Operations 132,250 11,021 11,021 (0) 33,062 33,063 (0)Public Works 2,024,601 207,547 168,717 38,830 548,178 506,150 42,028Parks & Recreation 140,339 6,874 10,697 (3,823) 12,202 35,830 (23,628)Community Development 1,379,700 128,415 110,792 17,623 368,909 332,375 36,534Debt Service - Capital Lease Payment 709,395 709,394 709,395 (1) 709,394 709,395 (1)Operating Transfers to Other Funds 1,316,236 0 0 0 0 0 0Operating Reserve 163,630 0 0 0 0 0 0Total expenditures 17,817,221 1,998,097 2,008,929 (10,832) 4,372,577 4,682,504 (309,927)Net Income/(Loss)4,987,052 3,222,717Current Month Year-to-DateAnnual BudgetRevenueOperating Expenditures Annual BudgetCurrent Month Year-to-Date1/12/2010 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Contributions & Donations 5,000$ -$ 3,700$ (1,300)$ Interest Revenues - - - - Holiday Card Sales - - - - T-shirt Sales - - - - Total revenues 5,000$ -$ 3,700$ (1,300)$ EXPENDITURES Current: Special Events 45,000$ 3,325$ 18,712$ 26,288$ Total Expenditures 45,000$ 3,325$ 18,712$ 26,288$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 4,191$ 4,191$ (35,809)$ Total other financing sources and uses 40,000$ 4,191$ 4,191$ (35,809)$ Net change in fund balances -$ (10,821)$ City of Milton Special Events Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations $ - $ - $ - $ - Interest Revenues - 7 22 22 Total revenues $ - $ 7 $ 22 $ 22 EXPENDITURES Current: Public Safety $ - $ - $ - $ - Total Expenditures $ - $ - $ - $ - OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ - $ - $ - $ - Total other financing sources and uses $ - $ - $ - $ - Net change in fund balances $ - $ 22 City of Milton Confiscated Assets Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 570,000$ 32,241$ 74,489$ (495,512)$ Total revenues 570,000$ 32,241$ 74,489$ (495,512)$ EXPENDITURES Current: Public Safety 554,000$ 1,766$ 173,040$ 380,960$ Total Expenditures 554,000$ 1,766$ 173,040$ 380,960$ OTHER FINANCING USES Unallocated 16,000$ -$ -$ (16,000)$ Total other financing sources and uses 16,000$ -$ -$ (16,000)$ Net change in fund balances -$ (98,551)$ City of Milton E-911 Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 85,934$ -$ -$ (85,934)$ Crabapple Festival Grant - 1,016 1,016 1,016 Total revenues 85,934$ 1,016$ 1,016$ (84,919)$ EXPENDITURES Current: Public Safety 118,530$ -$ -$ 118,530$ Community Development 20,000 - - (20,000) Total Expenditures 138,530$ -$ -$ 98,530$ Excess of revenues over expenditures (52,596) 1,016 1,016 53,612 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 52,596$ -$ -$ (52,596)$ Total other financing sources and uses 52,596$ -$ -$ (52,596)$ Net change in fund balances - 1,016 City of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 47,000$ -$ 4,191$ (42,809)$ Total revenues 47,000$ -$ 4,191$ (42,809)$ OTHER FINANCING SOURCES (USES) Transfers out to General Fund (7,000)$ -$ -$ 7,000$ Transfers out to Special Events Fund (40,000) - (4,191) 35,809 Total other financing sources and uses (47,000)$ -$ (4,191)$ 42,809$ Net change in fund balances - - City of Milton Hotel/Motel Tax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2009 Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 1,327$ 16,551$ (48,449)$ Landfill Host Fees 185,000 36,404 36,404 (148,596) Tree Recompense 12,800 - - (12,800) Interest Revenue 2,000 - - (2,000) Sidewalk Replacement Account 70,558 - - (70,558) Total revenues 335,358$ 37,731$ 52,955$ (282,403)$ EXPENDITURES Capital Outlay City Council 9,466$ 22$ 22$ 9,444$ IT 35,000 Police 128,852 - 20,500 108,352 Fire 182,479 - - 182,479 Public Works 4,491,632 109,565 305,665 4,185,967 Parks & Recreation 1,198,514 12,300 12,300 1,186,214 Community Development 288,960 11,300 21,358 267,603 Total Capital Outlay 6,334,903$ 133,187$ 359,844$ 5,975,059$ Excess of revenues over expenditures (5,999,545) (95,456) (306,889) (6,257,462) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,068,400$ -$ -$ (1,068,400)$ Lease Proceeds - 20,500 20,500 20,500 Budgeted Fund Balance 4,931,145 - - (4,931,145) Total other financing sources and uses 5,999,545 20,500 20,500 (5,979,045) Net change in fund balances - (286,389) City of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2009 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Transportation Master Plan 348,048$ 83,715$ 164,672$ (183,376)$ GDOT HPP Funds - - - - Bathroom Renovation - - - - Interest Revenues - - - - Contributions & Donations - - - Total revenues 348,048$ 83,715$ 164,672$ (183,376)$ EXPENDITURES Capital Outlay Public Works 1,828,578$ -$ 5,182$ 1,823,396$ Total Capital Outlay 1,828,578$ -$ 5,182$ 1,823,396$ Excess of revenues over expenditures (1,480,530) 83,715 159,490 1,640,020 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 178,240$ -$ -$ (178,240)$ Budgeted Fund Balance 1,302,290 - - (1,302,290)$ Total other financing sources and uses 1,480,530$ -$ -$ (1,480,530)$ Net change in fund balances - 159,490 City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2009 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 1 of 20 R/A Z86-283 PETITION NUMBER(S): RZ09-05 PROPERTY INFORMATION ADDRESS 12645 Birmingham Hwy (SR 372) DISTRICT, LAND LOT 2/2, 1134 OVERLAY DISTRICT Crabapple EXISTING ZONING C-1 (Community Business) Z86-283 REQUESTED ZONING C-1 (Community Business) ACRES 2.426 EXISTING USE Architecture Office (approved for only antique store) PROPOSED USE Salon within the existing structure OWNER/APPLICANT McRae & Stoltz Inc. ADDRESS 7 South Main Street Alpharetta, GA 30004 COMMUNITY DEVELOPMENT RECOMMENDATION APPROVAL CONDITIONAL CITY OF MILTON PLANNING COMMISSION RECOMMENDATION DECEMBER 16, 2009 DEFER TO JANUARY 5, 2010 (Staff notes that the Planning Commission heard this petition on December 16, 2009 but voted to defer the request to a special called meeting on January 5, 2010 to allow the applicant to submit a revised site plan.) INTENT To rezone from C-1 (Community Business) to C-1 (Community Business) to change the use from an antique store to general commercial uses (salon) within the existing structure. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 2 of 20 R/A Z86-283 CITY OF MILTON PLANNING COMMISSION RECOMMENDATION JANUARY 5, 2010 APPROVAL CONDITIONAL The Planning Commission recommended the following additions/deletions to the Recommended Conditions: • To include billboards as one of the excluded uses in Condition 1.a. • To delete “with drive through service” after day care businesses in Condition 1.a. • To delete “galleries” between amusements and game rooms in Condition 1.a., to ensure art galleries would not be an excluded use. • To add a new condition 3.b. “to restrict parking to a minimum of 9 spaces and a maximum of 15 spaces including handicapped spaces.” Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 3 of 20 R/A Z86-283 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 4 of 20 R/A Z86-283 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 5 of 20 R/A Z86-283 CRABAPPLE CROSSROADS FUTURE LAND USE PLAN Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 6 of 20 R/A Z86-283 FRONT VIEWS OF EXISTING STRUCTURE Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 7 of 20 R/A Z86-283 FRONT YARD LOOKING NORTH ON BIRMINGHAM HWY FRONT YARD LOOKING SOUTH ON BIRMINGHAM HWY Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 8 of 20 R/A Z86-283 VIEW OF REAR YARD – 33” CALIPER OAK TO THE LEFT Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 9 of 20 R/A Z86-283 REVISED SITE PLAN SUBMITTED DECEMBER 28, 2009 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 10 of 20 R/A Z86-283 SITE PLAN SUBMITTED NOVEMBER 3, 2009 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 11 of 20 R/A Z86-283 SUBJECT SITE: The subject site consists of 2.426 acres and is currently zoned C-1 (Community Business) pursuant to Z86-283 for an antique store in the existing structure. The existing structure is approximately1,773 square feet with a car-port. This site is north of the Crabapple Crossroads intersection. The site is located within the Live/Work Land Use designation on the Focus Fulton 2025 Comprehensive Future Land Use Map. Within that designation the subject site is located within the Village Mixed Use land use sub area of the Crabapple Crossroads Future Land Use Plan. Standards of Review (Article 28.4.1) Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? Based on the Revised Site Plan submitted on December 28, 2009, the proposed use is consistent with the use and development of adjacent and nearby properties. There is an existing commercial use located directly to the north in an existing structure that was also originally a single family residence prior to its rezoning. In addition, the property directly to the south is a commercial use within existing structures. There are office condominiums located across the street to the west. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff’s opinion, the proposed request will not adversely affect the existing use or usability of adjacent or nearby property because there are similar commercial uses and structures. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject may have a reasonable economic use as currently zoned, although Staff is of the opinion that the current approved use, restricted to an antique store in the existing structure hinders the property’s reasonable economic use. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 12 of 20 R/A Z86-283 D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services and facilities based on the small amount of square footage and the proposed salon. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed use is consistent with some of the policies and intent of the Crabapple Crossroads Community Plan and the Partial Plan Update. A brief description of the project is noted below: Proposed use/density: Salon / 730.83 square feet per acre The revised site plan submitted proposes to utilize the existing 1,773 square foot structure as a salon at a density of 730.83 square feet per acre based on 2.426 acres. The existing structure and use was approved in 1986 pursuant to Z86-283. The square footage has been accounted for when considering the policy and intent of the Plan and past City policy of upholding the maximum 100,000 square feet Crabapple Crossroads Community Plan’s 100,000 square feet of commercial. The purpose of this request is to allow commercial uses within the existing structure. The density is consistent with previous Board Policy on the subject site and in the area. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on December 21, 2006. Since the adoption of the Focus Fulton 2025 Plan, the City of Milton approved the Partial Plan Update on December 21, 2009. The proposed development is consistent with the following Plan Policy for the Crabapple Crossroads Community Plan which : • Provide opportunities for mixed-use developments that are compatible with a village-oriented development. (Crabapple Crossroads Community Plan) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 13 of 20 R/A Z86-283 • We will promote low impact site development that encourages maintaining the natural topography and existing vegetation on sites that are being developed. (Partial Plan Update) F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? As stated above, the existing square footage is already calculated into the City’s policy not to exceed the Crabapple Crossroads Community Plan’s “Neighborhood Node”. The proposed use is consistent with other commercial uses within the Crabapple Crossroads. In addition, within the Recommended Conditions, a list of exclusions for uses will be included that are consistent with other approved zonings in the area. It is Staff’s opinion that the existing conditions in the area support approval of the proposed rezoning from C-1 (Community Business) to C-1 (Community Business) from an antique store to salon within the existing structure. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Based on the revised site plan submitted, the applicant shows the following specimen tree to be preserved: • 33” Oak. In addition, the applicant will utilize pervious materials for the driveway and parking area to reduce water runoff. H. Existing uses and zoning of nearby property (See Map following table) Location Parcel# On Map Petition #/Zoning Name Approved Square Feet/ Units Approved Overall Density North 1 99Z-105/C-1 Strawberry Fields Existing structure w/expansion shall not exceed 5,000 sq. ft or if replaced with 2 buildings not to exceed 4,000 each not to exceed a total of 8,000 feet. N/A Further North 2 AG-1 Crabapple Crossing Elementary (Fulton County Board of N/A N/A Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 14 of 20 R/A Z86-283 Education) Further East 3 06Z-074/MIX Undeveloped 20,800 sq.ft. Vil Mix (2,600 sq.ft. Already counted via 05Z-30 2 Units Vil Off/Res 4 Units Sub Vil A 3,946.87 sq.ft/acre East 4 AG-1 (Agricultural) Scattered Single Family Residences South 5 06Z-079/C-1 Historic Building 1,953 square feet 2,075.46 sq.ft./acre Northwest 6 M-1 (Manufacturing) Unconditional Heart of Crabapple Unconditional Southeast 7 AG-1 (Agricultural) Scattered Single Family Residences Further Southeast 8 03Z-146 /C-1 Crabapple Tea Room 800 sq. ft. 536.92 sq.ft./acre South 9 99Z-27/ C-1 Existing Building with 3,000 sq.ft. addition South 10 Unconditional C-1 Millie Huckabay’s Antique Store Further Southeast 11 05Z-110/MIX Undeveloped 8,000 sq.ft. Vil Mix 6,300 sq.ft. Vil Off 3,809.53 sq.ft./acre 3,000 sq.ft./acre Further South 12 04Z-136 C-1 2,500 sq.ft. Vil Mix 4,901.06 sq.ft./acre Further South 13 05Z-072 /C-1 Partially developed 12,800 sq.ft. Vil Mix 9,411.76 sq.ft./acre Further South 14 AG-1 Crabapple Community Center Further South 15 Unconditional C-1 Broadwell Building Further Southwest 16 C-1, AG-1 City of Alpharetta Government Center Southwest 17 Unconditional C-1 Citgo Gas Station West 18 05Z-117/MIX Braeburn Under Develop- ment 2,532 sf Comm in Vil Mix 36,468 sf Office In Vil Mix 14 units Vil Mix 18 units Vil Of/Res 17 units Sub Vil B 50 units Res 0-1 40.28 f/acre 580.06 sf/acre West 19 05Z-070/MIX Crabapple Crossroads 11.98 acres Under Develop- ment 20,000 sf Comm Vil Mix 20,000 sf Office In Vil Mix 39 units Vil Mix 5 units Vil Off 3 units Sub Vil B 2 units Rural Res 1,669.45 Sf/acre 1,669.45 sf/acre Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 15 of 20 R/A Z86-283 EXISTING USES AND ZONINGS Northwest 20 U95-02 Crabapple First Baptist Church Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 16 of 20 R/A Z86-283 SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on December 28, 2009, Staff offers the following considerations: Crabapple Crossroads Overlay District BUILDING SETBACKS Article 12H(1).4.B.2. requires a building setback of 10 to 20 feet maximum. The existing structure is 59 feet from front property line. A condition will be included to reflect the existing front building setback. Article 9.1.3 does not have a side or rear building setback requirement. BUILDING HEIGHT Article 12H.3.5.D.1. of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The existing structure meets the Overlay District requirement. LANDSCAPE STRIPS AND BUFFERS Article 12H.(1).4.D.3 of the Crabapple Overlay District states that design and materials of sidewalks along the existing roads (Crabapple Road, Birmingham Hwy., Mayfield Road, Mid-Broadwell Road and Broadwell Road) to be determined by the Public Works Crabapple Streetscape project. The site is located within the Crabapple Streetscape project. The site plan indicates an existing 5 foot sidewalk and 2 foot landscape strip between the road and sidewalk. The existing sidewalk will be reconstructed consistent with the Crabapple Streetscape project with a required turn lane on Birmingham Hwy pursuant to RZ05-117. Article 12H.3.1.C.2 of the Northwest Fulton Overlay District requires a 50-foot undisturbed buffer and 10-foot improvement setback along the east property line adjacent to AG-1. Article 4.23.1 requires a 5-foot landscape strip along the north and south property lines adjacent to non-residential uses. It appears that there is sufficient room to provide the necessary landscape strips. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 17 of 20 R/A Z86-283 PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum Requirement Spaces Provided Retail Commercial (1,773 square feet) Total 5 spaces per 1,000 sq. ft. of building area (9 spaces) 9 spaces required 10 spaces provided The site plan shows a total of 9 spaces to the rear of the building and a handicapped space to the south of the building. Article 12H.3.1.B.2. requires a 10-foot wide landscape island for each 90 feet of single row length of parking spaces. It appears there will be adequate space to meet these requirements if one of the 9 parking spaces is eliminated in the rear. At the Special Called Planning Commission meeting, the Planning Commission recommended the following condition, “To restrict parking to a minimum of 9 spaces and a maximum of 15 spaces including handicapped spaces”. This would deter any future parking in excess but permit the proposed uses to meet the minimum parking requirement. The site plan appears to exceed the 10 percent minimum open space required by the Crabapple Crossroads Overlay District, Article 12H(1)4.H. PUBLIC INVOLVEMENT On December 2, 2009 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one from the community at the meeting. The applicant held the required Public Participation meeting on December 1, 2009. There were Crabapple business owners in attendance. They were concerned that the Recommended Conditions included exclusions that were also included in prior rezoning in the area. Staff notes that those exclusions are included in the Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 18 of 20 R/A Z86-283 City of Milton Design Review Board Meeting – January 4, 2010 The applicant was not in attendance and the DRB voted to defer the item to the January 4, 2010 meeting. At the January 4th meeting, the DRB provided a courtesy review. They did not have any suggestions for changes or improvements but indicated if there were any alterations to the exterior, the owner would be required to submit plans for review by the DRB. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan and report requirements prior to the Planning Commission. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. Fulton County Department of Health and Wellness Comments Since this development utilizes an onsite sewage management system, the owner must obtain approval from this department prior to issuance of a building permit, before renovation, and/or prior to occupancy. This facility must comply with the Georgia Smoke free Air Act of 2005. Plans of this facility must be submitted to this department for review and approval. CONCLUSION The applicant’s request for general commercial, specifically a salon, is consistent with the Crabapple Crossroads Plan Map, Plan policies, and approved and existing uses in the area. Therefore, Staff recommends this petition be APPROVED CONDITIONAL subject to the attached Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 19 of 20 R/A Z86-283 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1. To the owners agreement to restrict the use of the subject property as follows: a. Retail, service commercial and accessory uses, including all exterior food and beverage areas, at a maximum density of 730.83 gross square feet per acre zoned or a total of 1,773 square feet, whichever is less but excluding billboards, convenience stores with gas pumps, freestanding fast food restaurants, commercial amusements, day care businesses, pawn shops, check cashing businesses, billiards or pool halls, designated recycling collection stations, used car lots, self-service laundry facilities; arcades, amusements, or game rooms; outdoor vending machines, kiosks or other stands except ATM machines; dry cleaning plant excluding dry cleaning establishments which offer drop- off/pick-up service only; sale, lease or rental of motorized vehicles or trailers; tattoo or body piercing parlors, adult theme bookstores, video stores, movie theatres, and/or establishments offering the sale or rental of related machines, tapes, discs, books, magazines and novelty items; check cashing establishments; liquor stores excluding wine shops; massage parlors or spas, bars, lounges or other establishments whose principal business is the sale of alcoholic beverages; and night clubs or similar establishments, including those offering strip tease or nudity as entertainment. Day spas that provide the following services: hair cutting and styling, nail grooming and facial skin treatments and therapeutic massage with hours of operation between 8 a.m. and 8 p.m. shall be allowed. 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on December 28, 2009. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, other applicable City Ordinances and these conditions prior to the Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on January 20, 2010 *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 1/13/2010 RZ09-05 Page 20 of 20 R/A Z86-283 approval of a Land Disturbance Permit or a City of Milton Business License. 3. To the owner’s agreement to the following site development considerations: a. Increase the front building setback to the extent necessary for the existing structure to remain compliant with 12H(1).4.B.2. b. To restrict the parking to a minimum of nine (9) spaces and a maximum of fifteen (15) spaces including the required handicapped space. 4. To the owner’s agreement to abide by the following traffic requirements, dedications and improvements: a. Dedicate at no cost to the City or the Georgia Department of Transportation (GDOT) along the entire frontage of the property, prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements. b. Dedicate, at no cost to the City, construction easements sufficient to construct the necessary road and sidewalk improvements identified in the John Wieland Homes and Neighborhood Road improvement plan and the Crabapple Overlay. c. Access to the site shall be subject to the approval of the District 7 Access Management Engineer, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to the GDOT driveway standards, and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria, as required by GDOT and the City of Milton Public Works Department . City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE, Public Works Director Date: January 5, 2010 Agenda Item: A Resolution for Consideration of Projects to be Submitted for the Use of MARTA Capital Reserve Funding Background: For FY 2010 MARTA was authorized to use $25 million in ARRA funds (Stimulus Funding) to offset a deficit in operational funds. The use of these funds was necessary to prevent a drastic reduction in services provided by MARTA. In exchange, MARTA agreed to allocate Capital Reserve Funds to qualifying projects within their operational area to offset the use of stimulus funding. MARTA has agreed to use the Transportation Improvement Program (TIP) as the means for programming available dollars for qualifying project. The list as submitted will be submitted to MARTA and ARC to be included as part of the 1st quarter TIP Amendment for 2010. Discussion: MARTA and ARC will be programming $25 million from the MARTA capital reserve funds for use on projects or project elements that are designed to enhance mass transportation service or use and are physically or functionally related to transit facilities. Under this program North Fulton County was allocated $6.25 million dollars with the City of Milton’s Share being $625,000. Qualifying projects are those projects with ½ mile of an existing transit route and may include the following: Bus Shelters Landscaping and other scenic beautification, i.e. tables, benches, trash receptacles and street lights. Pedestrian access and walkways Bicycle access including bicycle storage facilities Transit connections to parks within the recipients’ transit service area Signage Enhanced access for persons with disabilities to mass transportation A list of the proposed projects was presented during the staff reports at the December 21, 2009 Council with a follow-up discussion at the January 11, 2010 Work Session. Attachments: A Resolution for Consideration of Projects to be Submitted for the Use of MARTA Capital Reserve Funding STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION FOR CONSIDERATION OF PROJECTS TO BE SUBMITTED FOR THE USE OF MARTA CAPITAL RESERVE FUNDING WHEREAS, MARTA was authorized the use of $25 million in funds provided under the American Recovery and Reinvestment Act to offset an operating budget deficit in FY2010; and, WHEREAS, the use of these funds for preventative maintenance activities reduced the amount of funding that could be allocated to other projects within the Transportation Improvement Program throughout the region; and, WHEREAS, MARTA has, in exchange for the use of the operating funds, made available an estimated $6.25 million MARTA capital funds for North Fulton County to be used for projects or project elements that are designed to enhance mass transportation service or use and are physically or functionally related to transit facilities; and, WHEREAS, The City of Milton has been allocated approximately $625,000 under this program for the use on qualifying projects within ½ mile of the transit routes within the city limits; THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Milton, GA while in regular session on the 20th day of January 2010 at 6:00 p.m. that staff is hereby authorized to pursue funding under this program based on the attached list of projects identified as “Attachment A”. SO RESOLVED, ON THIS 20TH DAY OF JANUARY, 2010. ______________________________ Joe Lockwood, Mayor Attest: Sudie Gordon, Interim City Clerk (Seal) Project ID Project Title Phase Funds Comments PE $100,000 CST $550,000 PE $10,000 CST $90,000 MLT-03 Deerfield Pkwy Street Lighting (Routes 143 and 185)CST $200,000 MARTA funds for within 1/2 mile of route 143 approx limits Webb Rd to Avensong Way ($140,000), remainder from Avensong Way to SR 9 using other funding source ($60,000) MLT-04 Gateway signage and streetscape along or connecting to Routes 143 and 185 CST $100,000 Gateway signage and streetscape along or within 1/2 mile of routes MLT-05 Bus Shelters on Routes 143 and 185 CST $100,000 $15,000-$30,000 each $1,150,000 $625,000 MARTA Offset Funds shall not exceed the amount allocated to City of Milton PE - Preliminary Engineering CST - Construction ATTACHMENT A Total Projects MARTA Offset Funds MLT-02 MLT-01 Filling in gaps on Cogburn Rd, Webb Rd, Deerfield Pkwy, Morris Rd, Bethany Rd Countdown ped signals, audible signals, push buttons, ramps, refuge islands, ADA upgrades ADA Upgrades on connections to and along Routes 143 and 185 Sidewalks connecting to Routes 143 and 185 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Matt Marietta Date: Submitted on January 12, 2010 for the January 20, 2010 Regular Council Meeting Agenda Item: Approval for execution of a multi-jurisdictional Byrne Memorial Grant from the US Department of Justice through the Criminal Justice Coordinating Council to the Atlanta Judicial Circuit City Manager’s Office Recommendation Approve the execution of the Byrne Memorial Grant agreement in cooperation with the various jurisdictions in the Atlanta Judicial Circuit and through the Georgia Criminal Justice Coordinating Council (CJCC). Background The 2009 Byrne Formula Grants were distributed by the US Department of Justice (DOJ) to jurisdictions who had met certain established criteria, including that they had provided the past three years of Uniform Crime Reporting statistics to the DOJ. Because of this requirement, the cities of Milton, Sandy Springs, Johns Creek and Chattahoochee Hills were not eligible for application. Since Milton (and the other cities) incorporated within that three year window, part of the required data was provided by Fulton County when they were responsible for policing in the now incorporated jurisdictions. Therefore, in Milton’s case, two of the three required years of reporting accrued to Fulton County, and excluded Milton from participation. Milton and its sister cities sought a special dispensation from the DOJ in this case, due partially to the fact that some of Fulton County’s crime data supporting their award total was derived from activity in the areas they had formerly patrolled, including what is now Milton. This attempt was unsuccessful. Simultaneous with the direct-to-cities/counties grants, the DOJ also allocated some portion of the money to the State. This was distributed by the CJCC to the judicial circuits. In response to our concern over the funding, Fulton County consented to share some portion of the DOJ/CJCC program grant with the local jurisdictions. The attached document is the result of that project. Discussion The various jurisdictions in Fulton County met to discuss the appropriate expense of the Byrne Formula Funds distributed. Rather than spend the entire amount on Judicial/County projects, we also agreed to spend some portion to benefit the jurisdictions left out of the original direct-to- cities grants. Specifically, Milton will receive $25,000 of these funds as a portion of a broader project that enhances the court processes in the county and benefits our officers and citizens as well. The project that this agreement addresses includes the purchase of a portable AFIS City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 (Automated Fingerprint Identification System), an EWI station (electronic warrant system) for Milton. This will not only enhance the Fulton County Court system, but make investigations and warrant procedures much easier on our officers, providing a local means of speaking with a County judge and of capturing/verifying suspects fingerprints. This program is primarily administered by the County, and the City of Milton is simply a sub- grantee. The $25,000 in this document therefore represents a portion of the CJCC project. Funding and Fiscal Impact The program has no associated match for the immediate future. Potentially, Milton could be responsible for the maintenance and upkeep of the items once the funding runs out (and should we opt to continue the associated services). However, especially regarding the AFIS system, these technological advances are now considered the primary means of conducting business, so we would likely be looking to bring these forward as new initiatives in the near future anyway. Alternatives Milton could return the portion of the money to Fulton County and pursue its own fingerprinting system as it becomes necessary. Regarding the EWI system, it is currently available to Milton officers at the Alpharetta Jail. As a consequence, we are more able to forego this portion of the Byrne project and rely on the current system. Concurrent Review Chris Lagerbloom, City Manager Deb Harrell, Police Chief Sonny Perdue GOVERNOR �.r=rgore] e3x•1:14n OFFICE OF THE GOVERNOR ATLANTA 30334-0900 December 30, 2009 Mr. Chris Lagerbloom Atlanta Judicial Circuit 13000 Deerfield Parkway, Suite 107 Milton, Georgia 30004 Re: Atlanta Judicial Circuit Project Title: North Fulton Mobile Identification Project (Milton) Dear Mr. Lagerbloom: It is my pleasure to inform you of action by the Criminal Justice Coordinating Council to award funds in the amount of $25,000 in support of your criminal justice system improvement initiative under the 2009 American Recovery and Reinvestment Act and the Edward Byrne Memorial Justice Assistance Grant (JAG) program. The award is effective January 1, 2010. Ensuring our citizens' public safety and addressing the needs of innocent victims of crime remain among nny highest priorities for our state, especially in this challenging financial period. The more than 300 judicial circuit projects funded under the Recovery JAG program this year will play a significant role by allowing local governments to support a broad range of programs to prevent illegal drug activities, control violent crime and improve the criminal justice system within Georgia as well as supporting other strategies that create and preserve jobs and promote economic growth. Your work is integral to this effort and to assuring victims experience fairness and justice throughout their involvement with our system. You soon will receive detailed information from Molly Perry, Director of the Criminal Justice Coordinating Council, pertaining to the grant award and your associated responsibilities. I congratulate you and thank you for your continued support of crime victims in Georgia. Sincerely, Sonny Perdue SP:injmp Dear Colleague: CRIMINAL JUSTICE COORDINATING COUNCIL 104 Marietta Street, NW • Suite 440 • Atlanta, GA • 30303-2743 4041657-1956 • 8771231-6590 • 4041657-1957 (Fax) • 4041463-7650 (TTY) December 30, 2009 Congratulations on receiving an award for your project under the 2009 American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant (JAG) program. Your 2009 JAG award package is enclosed. Please refer to the instructions when completing the award documents and pay close attention to the special conditions as they are the terms that govern your circuit's award. In addition to the required signature of the Authorized Official specific to each project, you, as the project fiscal contact, must initial each special condition. Furthermore, please remember to include a revised detailed budget documenting all planned expenditures of federal funds. Guidelines for revising your budget can be found in your award package. As a note, if the fiscal contact has changed or will change, please send a letter detailing the change to the above address with the reference: ARRA Byrne -JAG Judicial Circuit Fiscal Contact Modification Your completed award package must be returned by February 13, 2010 to the address provided on the letterhead above. If you believe there is an error in the amount of your award, please contact our office to reconcile the approved amount. If you have any questions regarding the execution of the enclosed documents or the administration of your project, feel free to contact Allyson Richardson, Project Director of Criminal Justice System Improvement Unit, or any CJCC grants management specialist/auditor at 404-657-1956. We look forward to working with you in the upcoming grant period as we progress. Sincerely, 6 . Robert Thornton Division Director Criminal Justice Services Division Dear CJCC Subgrantee: CRIMINAL JUSTICE COORDINATING COUNCIL 104 Marietta Street, NW • Suite 440 • Atlanta, GA - 30303-2743 4041657-1956 • 8771231-6590 • 4041657-1957 (Fax) • 4041463-7650 (TTY) November 30, 2009 Due to the increased workload associated with grants funded by the American Recovery and Reinvestment Act of 2009, the Criminal Justice Coordinating Council is implementing a new procedure for processing Subgrant Expenditure Reports (SERs) and Subgrant Adjustment Requests. The new procedure will allow SERs to be processed more efficiently resulting in faster payments. To assist, you will need to make the following reporting changes. Subgrant Expenditure Reports (SERs) In addition to mailing the signed SER form, you must email the electronic excel document to ser@cicc.gao_v. When emailing your excel document enter your current subgrant number into the subject line of the email and on the cover page of your excel. This number can be found in the top right corner of your pre-printed Subgrant Expenditure Report/Request for Funds form. It is very important that you use your current number as your request may be delayed if the incorrect number is entered. Your mailed documents must be addressed as follows: Attention: Grants Criminal Justice Coordinating Council 104 Marietta Street, NW Atlanta, Georgia 30303-2743 Once the mailed SER has been received by CJ CC, your request will be assigned to an available auditor who will process all allowable expenses submitted for that reporting period. Any expenses not in your approved budget or otherwise determined unallowable will be denied. You will be notified in writing of any denied expense with a detailed explanation of why the expense was denied and the necessary steps you may take to resubmit the expense on the next SER. once an auditor has reviewed your request and processed all allowable expenses, the SER will be forwarded to management for final approval. As always, if you have questions regarding the processing of your SER, please do not hesitate to contact the grant management specialist or auditor who processed it. However, any grant specialist or auditor will be available to assist you. Please find a list of staff and their contact information on the following page. Grant Management Specialist/Audit Staff Tia Allen Grant Management Specialist 404-657-1968 Ti a. AI I en @c i cc.ga,gov Linda Davis Grant Management Specialist 404-657-1972 Linda.Davis@cicc.ga.gov Tonya Jenkins Grant Management Specialist 444-657-1998 Tonya..lenkins@cicc.ga.gov Kristen Kinney Auditor 404-557-1970 Krlsten.Kir)nev@cicc.ga.gov Michael Shackelford Grant Management Specialist 404-657-1971 Michael.Shackelford@cicc.ga.gov Subgrant Adjustment Requests (SARs) would also like to remind you that Subgrant Adjustment Requests (SARs) are required for any modification made to your grant. These modifications include but are not limited to the following: A request for programmatic modifications ■ A request for a project period extension e A request to reallocate funding within current approved budget line items • A notification of a percentage change in the amount of time personnel spend on CJCC's grant ■ A notification of personnel changes (i.e. resignations, salary increase or decreases, hiring or terminating staff, change in insurance coverage) All signed SARs along with supporting documentation should be scanned and emailed to adiustments@cicc.ga.gov, When emailing your request enter your current subgrant number into the subject line of the email. Although we prefer to receive adjustment requests via email, you may fax or mail your requests if you lack the capability of scanning documents. If you have any questions or concerns, please feel free to contact me at 404-657-1969 or allyson.richardson2cicc.ga.gov. Respectfully, Allyson ichardson Program Director REFERENCE NO.: 1$002 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE COORDINATING COUNCIL AMERICAN RECOVERY AND REINVESMENT ACT OF 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT - CFDA 16.803 SUBGRANT AWARD SUBGRANTEE: Fulton County Board of Commissioners IMPLEMENTING FEDERAL FUNDS: $ 25,000 AGENCY: Fulton County Board of Commissioners MATCHING FUNDS: $ 0 PROJECT NAME: Recovery Act - JAG TOTAL FUNDS: $ 25,000 SU13GRANT NUMBER: B82-8-254 GRANT PERIOD: 01/01/10-12/31/12 Award is hereby made in the amount and for the period shown above for a grant supported under the American Recovery and Reinvestment Act of 2009 (Bureau of Justice Assistance - Edward Byrne Memorial .justice Assistance Grant) Pub. L. No. 111-5, 42 USC 3750-3758. The award is made in accordance with the plan set forth in the application of the Subgrantee and subject to any attached special conditions. The Subgrantee has agreed through the executed copy of certified assurances to be subject to all rules, regulations, and conditions applicable to this grant program. This Subgrant shall become effective on the beginning date of the grant period, provided that within forty-five (45) days of the award execution date (below) the properly executed original of this "Subgrant Award" is returned to the Criminal Justice Coordinating Council. AGENCY APPROVAL Date Executed: 01/01/10 SUBGRANTEE APPROVAL Signature of Authorized Official Date Typed Name & Title of Authorized Official 58-6001729-001 Employer Tax Identification Number (EIN) ************************************************************************************** INTERNAL USE ONLY TRANS CD REFERENCE ORDER EFF DATE Molly J.M PV Pustice Direfor CONTRACT # Criminal 1B002 Coord nating Council Date Executed: 01/01/10 SUBGRANTEE APPROVAL Signature of Authorized Official Date Typed Name & Title of Authorized Official 58-6001729-001 Employer Tax Identification Number (EIN) ************************************************************************************** INTERNAL USE ONLY TRANS CD REFERENCE ORDER EFF DATE TYPE PAY DATE INVOICE CONTRACT # 102 1B002 1 01/01/10 9 ** B82-8-254 OVERRIDE ORGAN CLASS PROJECT VENDOR CODE 2 46 4 471141341 ITEM CODE DESCRIPTION 25 CHARACTERS EXPENSE ACCT AMOUNT 1 Recovery Act - JAG 624.41 $ 25,000 CRIMINAL JUSTICE COORDINATING COUNCIL AMERICAN RECOVERY AND REINVESMENT ACT OF 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT - CFDA 16.803 SPECIAL CONDITIONS SUBGRANTEE: Fulton County Board of Commissioners PROJECT NAME: Recovery Act - JAG SUBGRANT NUMBER: B82-8-254 SUBGRANT AWARD: $25,080 1. By signing the special conditions outlined below, I certify that I have read and understand the terms and conditions for all federal requirements pertaining to the FY09 Recovery Act- Byrne Justice Assistance Grant (JAG). Furthermore, I acknowledge that failure to adhere to these requirements will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. Initials 2. The project budget and summary will not be established, or officially approved, until the subgrantee receives a written approval notice from the Criminal Justice Coordinating Council. All project costs and project activities must coincide with the approved budget, and summary unless subsequent revisions are approved by the Criminal Justice Coordinating Council. Initials 3. Subgrantee agrees to submit revised project narrative, goals, objectives, performance indicators, and evaluation plan if the project changes substantially from what was proposed in the subgrant application. Initials 4. The subgrantee agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. Initials 5. Statistical and/or evaluation data describing project performance must be submitted to the Criminal Justice Coordinating Council on a quarterly basis using the prescribed format provided to the subgrantee. Failure to submit this data by the specified deadline will result in a recommendatioon to the Council for your award to be rescinded. Initials 5. The subgrantee agrees to take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. SUBGRANT NUMBER: B82-8-254 SPECIAL CONDITIONS (Page 2) In addition, subgrantees who provide hotline service will provide documentation of a contract for 24-hour language interpretation service for callers who do not speak English. Subgrantees who provide hotline service will ensure that their TTY machine is operable at all times and that all staff, volunteers and interns who answer the hotline receive training and ongoing review of TTY answering procedures. Initials 7. The subgrantee agrees to comply with the Equal Treatment Regulation (28 C.F.R. part 38) which prohibits recipients from using federal grant funding for inherently religious activities. while faith -based organizations can engage in non -funded inherently religious activities, the activities must be held separately from the grant -funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation makes clear that organizations receiving federal grant funding are not permitted to discriminate when providing services on the basis of a beneficiary's religion. Initials 8. In accordance with Federal regulations, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an ESOP and submit it to the Office of Civil Rights (OCR), Office of Justice Programs, U.S. Department of Justice for review within 60 days from the date of this award. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an ESOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization must prepare an Equal Employment Opportunity Plan (ESOP), but it does not have to submit the ESOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR within 60 days from the date of this award. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR within 60 days from the date of this award. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. The subgrantee must maintain proof of compliance with the above requirements and be able to provide such proof to the Criminal Justice Coordinating Council upon request. SUBGRANT NUMBER: B62-8-254 SPECIAL CONDITIONS (Page 3) Initials 9. In the event a federal or state court or federal or state administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, national origin, or sex, your organization must submit a copy of the finding to the Office of Civil Rights and the Criminal Justice Coordinating Council. Initials 10. The subgrantee certifies that federal funds will not be used to supplant funds that would otherwise be made available for grant -funded initiatives. Federal funds must be used to supplement existing funds for program activities and not replace funds appropriated for the same purpose. Potential supplanting will be the subject of application review, as well as pre -award review, post -award monitoring, and audit. If there is a potential presence of supplanting, the subgrantee will be required to document that the reduction in non-federal resources occurred for reasons other than the receipt or anticipated receipt of federal funds. Initials 11. The subgrantee certifies that I)title to all equipment and/or supplies purchased with funds under this subgrant shall vest in the agency that purchased the property; 2}equipment and/or supplies will be maintained in accordance with established local or state procedures as long as the equipment and/or supplies are used for program -related purposes; and 3) once the project concludes and/or equipment is no longer utilized for its grant -funded purpose, the Criminal Justice Coordinating Council will be informed of the available equipment and determine its future use to assure it is utilized in furtherance of the goals and objectives of the grant program and the State of Georgia. Initials 12. The subgrantee agrees to abide by all administrative and financial guidelines as stipulated in the Office of Justice Program's Financial Guide for Grants (http://www.ojp.usdoj.gov/financiaiguide/index.htm). All services paid by federal and/or matching funds must have a valid contract that has been pre -approved by the Criminal Justice Coordinating Council to ensure compliance with federal and state guidelines and statutes. Initials 13. All project costs not exclusively related to this approved project must be Prorated, and only the costs of project -related activities will be reimbursable under the subgrant award. Initials 14. The subgrantee agrees to submit requests for reimbursement on either a monthly or quarterly basis, as selected by the subgrantee at the time of award. Subgrant Expenditure Reports are due 15 days after the end of the month (if reporting monthly) or 30 days after the end of the quarter (if reporting quarterly). Initials 15. The subgrantee agrees to fully cooperate with any monitoring or evaluation activities, and any related training activities, initiated and/or conducted SUSGRANT NUMHER: 582-8-254 SPECIAL CONDITIONS (Page 4) by the Criminal Justice Coordinating you-cii during and subsequent to the award period. Initials 16. The subgrantee agrees that consultant/contractor fees in excess of $450.00 per eight hour day ($56.25 per hour) must have prior approval from the Office of Justice Programs and the Criminal Justice Coordinating Council. Initials 17. If any changes occur in the subgrantee's lobbying status or activities, a revised Disclosure of Lobbying Activities Form must be submitted. Recipient further understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of Office of Justice Programs. Initials 18. If any changes occur in the subgrantee's eligibility status regarding debarment, a revised Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form must be submitted to the Criminal Justice Coordinating Council. Initials 19. The subgrantee understands that this funding has been approved for the organization's primary project(s) only. Any shift to a contingent project must be submitted to CJCC 60 days prior to the proposed implementation date. Furthermore, CJCC must approve all expenditures before the execution of contingent projects. 20. The subgrantee understands and agrees that late submissions of any reports may result in a recommendation to the Criminal Justice Coordinating Council to rescind your award. These reports include but are not limited to Subgrant Expenditure Reports, Progress Reports, Quaterly Statistical Reports, Semi -Annual Outcome Performance Teports, and the Annual Certified Agency 5% Add -On Fines Report. Initials 21. The subgrantee must submit Subgrant Adjustment Request #1 with the completed award package. The adjustment request must be accompanied by a detailed project budget that itemizes all projected expenditures and a revised project summary. The project budget and project summary will not be established, or officially approved, until the subgrantee receives a written approval notice from the Criminal Justice Coordinating Council. All project costs and project activities must coincide with the approved budget, and project summary unless subsequent revisions are approved by the Criminal Justice Coordinating Council. The project summary must include specific duties of all personnel funded with this ARRA grant, the hours worked, and the FTE (Full Time Equivalent) for all positions funded. Initials 22. The subgrantee must submit subsequent requests to revise the budget and project summary prior to any substantial changes, but no later than 60 days prior to the end of the subgrant period. Initials SUBGRANT NUMBER: B82-8-254 SPECIAL CONDITIONS (Page 5) 23. RECOVERY ACT - Evaluations The subgrantee agrees to cooperate with any assessments, national evaluations efforts, or information or data collection requests, including, but not limited to, the provision of any information for the assessment or evaluation of any activities within this project. initials 24. RECOVERY ACT- Reporting The subgrantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by CJCC and BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance of these requirements will be monitored by CJCC and BJA. Initials 25. RECOVERY ACT - Technology The subgrantee agree that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23 Criminal Intelligence Systems Operating Policies, if OJP determined this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20 (g). Should any violation of 28 C.F.R. Part 23 occur, the subgrantee may be fined as per 42 U.S.C. 3789 (c) -(d}. The subgrantee may not satisfy such a fine with federal funds. Initials 25. RECOVERY ACT - IT Systems To avoid duplicating existing networks of IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of any existing or proposed IT system. The grantee agrees to comply wit the applicable requirements of 28 C.F.R. part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (The "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Subgrantees of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities but individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also males clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Not withstanding any other special condition of this award, faith -based organization may, in some circumstance, consider religion as a basis for employment. See http;//www.cjp.gov/about/oc-r/equal_fbo.htm. Initials SUBGRANT NUMBER: B82-8-254 SPECIAL CONDITIONS Rage 6) 27. The subgrantee agrees to comply with the organizational audit requirements of the Single Audit Act as detailed in OMB Circular A-133. The CFDA number for this grant program is 16.803. Initials 28. RECOVERY ACT - Conflict with Other Standard Terms and Conditions. The subgrantee understands and agrees that all other terms and conditions contained in this award, or in applicable CJCC grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Initials 29. RECOVERY ACT - Access to Records; Interviews The subgrantee understands and agrees that CJCC and DOJ (Department of Justice) including OJP and the Office of the Inspector General (OIG) and its representatives, and the Government Accountability Office (GAO) shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents related to this Recovery Act award, including such records of any contractor and subcontractor. The subgrantee also understands and agrees that DOJ and the GAO are authorized to interview any officer or employee of the subgrantee recipient (or of any subrecipient, contractor) regarding transactions related to this Recovery Act award. Initials 30. RECOVERY ACT - One-time funding The subgrantee understands and agrees that awards under the Recovery Act will be one-time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional DOJ funding. Initials 31. RECOVERY ACT - Separate Tracking and Reporting of Recovery Act Funds and Outcomes The subgrantee agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including DOJ award funds from non -Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the subgrantee must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The subgrantee further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non -award related activities. SUBGRANT NUMBER: B82-8-254 SPECIAL CONDITIONS (Page 7) Initials 32. RECOVERY ACT - DUNS Reporting The subgrantee agrees to obtain and maintain a Dun and Bradstreet Data Universal Numbering (DUNS) Number (www.dnb.com) and to notify CJCC in writing as soon as this number is obtained if not already reported. Initials 33. RECOVERY ACT - Central Contractor Registration (CCR) The subgrantee agrees to obtain and maintain active registration with the Central Contractor Registration (CCR), and to notify the CJCC in writing of its registration. Initials 34. RECOVERY ACT - Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards (a) The subgrantee agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds. (b) The subgrantee agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. This condition only applies if the subgrantee is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-"in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC. Initials 35. RECOVERY ACT - Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The subgrantee agrees to promptly refer to the DOJ OIG any credible evidence that an employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for Recovery Act funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 SUBGRANT NUMBER: B82-8-254 SPECIAL CONDITIONS (Page 8) e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9681 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. Initials 36. RECOVERY ACT - Misuse of Award Funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. Initials 37. RECOVERY ACT - Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law, CJCC, and future OJP (including government -wide) guidance and clarifications of Recovery Act requirements Initials 38. RECOVERY ACT - Protecting State and Local Government and Contractor whistleblowers (Recovery Act, section 1553) The recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non -Federal employers who disclose information reasonably believed to be evidence of gross mis-management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. Initials 39. RECOVERY ACT - Limit on Funds (Recovery Act, section 1604) The recipient agrees that none of the funds under this award may be used by any State or local government, or any private entity, for construction costs or any other support of any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Initials 40. RECOVERY ACT - Infrastructure Investment (Recovery Act, sections 1511 and 1602) The recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the recipient decide to use funds for infrastructure investment subsequent to award, the recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from OJP. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery SUBGRANT NUMBER: B82-8-254 SPECIAL CONDITIONS (Page 9) Act (including sections 1511 and 1602) is available at www.ojp.usdcj.gov/recovery. Initials 41. RECOVERY ACT - Buy American Notification (Recovery Act, section 1605) The subgrantee understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the OJP program office, and a Grant Adjustment Notice is issued that modifies this special condition to add government -wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. For purposes of this special condition, the following definitions apply: "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States: the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been -- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. For purposes of OJP grants, projects involving construction, alteration, maintenance, or repair of jails, detention facilities, prisons, public crime victims' shelters, police facilities, or other similar projects will likely trigger this provision. NOTE: The subgrantee is encouraged to contact CJCC - in advance _ with any questions concerning this condition, including its applicability to SUBGRANT NUMBER: B82-8-254 SPECIAL CONDITIONS (Page 10) particular circumstances. Initials 42. RECOVERY ACT - Wage Rate Requirements under Section 1606 of the Recovery Act (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. The standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. Initials 43. RECOVERY ACT - NEPA and Related Laws The recipient understands that all OJP awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The recipient agrees to assist QJP in carrying out its responsibilities under NEPA and related laws, if the recipient plans to use Recovery Act funds (directly or through subaward or contract) to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. Initials 44. The subgrantee agrees that each new project employee delivering direct victim services will attend and successfully complete the On -Line Victim Assistance Training (On -Line VAT) within 90 days of hire. Initials 45. RECOVERY ACT - Jobs Reporting Not later than 5 days after the end of each calendar quarter, each recipient must submit a report to CJCC that contains detailed information regarding the jobs created or retained as a result of receiving Recovery Act funding. SUBGRANT NUMBER: B82-8-254 SPECIAL CONDITIONS (Page 11) Initials Please be advised that failure to comply with any of the Special Conditions will result in material noncompliance with the 5ubgrant Agreement, thus subjecting the Subgrant Agreement to possible termination by the Criminal .justice Coordinating Council. Typed name of Authorized Official: Title Signature : Date : 12/29/09 CRIMINAL JUSTICE COORDINATING COUNCIL SUBGRANT #: B82-6--254 DOc3H SUBGRANT EXPENDITURE REPORT/REQUEST FOR FUNDS # 1 FEDERAL GRANT #2009 -SU -B9-0003 EXPENDITURES FOR THE PERIOD OF THRU(Y/N7 FINAL RPT? SUBGRANTEE:Fulton County Board of Commissioners 141 Pryor Street SW PROJECT NAME; Atlanta JC --Mobile Identification 10th Floor Atlanta, GA 30303 PROJECT PERIOD: 01/01/10 to 12/31/12 COMBINED FEDERAL & MATCH EXPENDITURES APPROVED PREVIOUSLY APPROVED EXPENDITURES REMAINING EXPENDED BUDGET N/A THIS RPT N/A THIS RPT BALANCE THIS PERIOD PERSONNEL 5 25,000 $ 0 $ 0 $ 2,000 $ EQUIPMENT 0 0 0 0 SUPPLIES 0 0 0 0 TRAVEL 0 0 0 0 PRINTING 0 0 0 0 OTHER 0 0 0 0 TOTAL $ 25,000 $ 0 $ 0 $ 25,000 $ FEDERAL 25,000 0 0 25,000 MATCH 0 0 0 0 EARNED PROJECT INCOME FOR THE PERIOD: EARNED PROJECT STATUS INCOME FOR THE PERIOD: FORFEITED $ OTHER $ 1 EXPENDED $ UNEXPENDED $ CERTIFICATION: I certify that the above statements are accurate based on official records, that expenditures shown have been made for the purpose of, and in accordance with, applicable grant terms and conditions, and that appropriate supportive documentation relative to all expenditures is attached. SUBGRANTEE OFFICIAL APPROVAL: PREPARED BY: OFFICIAL'S SIGNATURE DATE PHONE NUMBER: TYPED NAME & TITLE FOR CRIMINAL JUSTICE COORDINATING COUNCIL USE ONLY SUBGRANT #: B82-8-254 AMOUNT REQUESTED THIS REPORT: SUBGRANT AWARD: $ 25,060 REVIEWED BY (INITIALS & DATE): REQUESTED TO DATE: BALANCE: AUTHORIZED BY DATE * Substantiated Advanced Tif EI - Partial Order FOR ACCOUNTING USE ONLY Tif ED - Schedule Pay Date DISCOUNT PO/AUTH ORG # PROJECT PROGRAM AMOUNT INVOICE PAY DATE 4710606000 11BOD2 471141341 582-8--254E01 PRINT DATE: 12/29/09 CRIMINAL JUSTICE COORDINATING COUNCIL PAGE 1 OF 2 GMIS DOCMNENT 3A SU13GRANT ADJUSTMENT REQUEST FEDERAL GRANT #2009 -SU -B9-0003 ADJ REQUEST #: 1 REQUEST DATE: SUBGRANTEE: Fulton County Board of Commissioners SUBGRANT #: B82-8-254 PROJECT NAME: Atlanta JC -Mobile Identification (Milton NATURE OF ADJUSTMENT: REVISED BUDGET . . . . . . . . . Go To . . . . SECTION I Mark all that apply. pP y PROJECT PERIOD AND/OR EXTENSION. Go To . . . . SECTION II PROJECT OFFICIALS/ADDRESSES. . . Go To . . . . SECTION III Adjustments of each type PROJECT PERSONNEL. . . . . . . . Go To . . . . SECTION III shown should be entered GOALS AND OBJECTIVES . . . . . . Go To SECTION III in the section indicated. OTHER . . . . . . . . . . . . . . Go To SECTION III MUST BE JUSTIFIED AND EXPLAINED THOROUGHLY IAF SECTION IV. SECTION I. REQUEST FOR BUDGET CHANGE - JUSTIFY IN SECTION IV. CURRENT APPROVED REVISIONS +/- REVISED BUDGET PERSONNEL $ 25,000 EQUIPMENT 0 SUPPLIES 0 TRAVEL 0 PRINTING 0 OTHER 0 TOTAL $ 25,000 Federal $ 25,000 Match $ 0 SECTION II. REQUEST FOR CHANGE IN PROJECT PERIOD - JUSTIFY IN SECTION IV. CURRENT GRANT PERIOD Start Date: 01/01/10 End Date: 12131/12 REQUESTED GRANT PERIOD FOR EXTENSION, Start Date: # OF MONTHS:_ End Date: NOTE: The maximum extension request cannot exceed 12 months. SECTION III. REQUESTS FOR REVISIONS TO PROJECT OFFICIALS/ADDRESSES, PROJECT PERSONNEL, GOADS AND OBJECTIVES, AND/OR OTHER NON -BUDGET, NON -PERIOD CHANGES (JUSTIFY IN SECTION IV.) CONTINUED ON NEXT PAGE PRINT DATE: 12/29/09 CRIMINAL JUSTICE COORDINATING COUNCIL PAGE 2 of 2 GMIS DOCUMENT 3A SUBGRANT ADJUSTMENT REQUEST FEDERAL GRANT # 2009 -SU -B9-0003 ADJ REQUEST #: 1 REQUEST DATE: SUBGRANTEE: Fulton County Board of Commissioners SUBGRANT #: 582-8-254 PROJECT NAME; Atlanta JC -Mobile Identification (Milton SECTION IV. JUSTIFICATION OF ALL REQUESTED ADJUSTMENTS, REVISIONS, AND/OR CHANGES All requested adjustments in Sections I, II & III {page 11 must be justified in detail in this Section. Include item costs, descriptions, equipment lists, detailed explanations, and any other information that would further clarify and support your request for adjustment_ Attach additional pages as needed. SUBMITTED BY: Signature of Financial Officer or Project Director Title CJCC ROUTING AND APPROVALS: Approval Disapproval Reviewer Signature Reviewed By: Authorized By: Date CRIMINAL JUSTICE COORDINATING COUNCIL 104 Marietta Street, NW • Suite 440 • Atlanta, GA • 30303-2743 4041657-1956 • 8771231-6590 • 4041657-1957 (Fax) • 4041463-7650 (TTY) BYRNE JAG DOCUMENT SUBMITTAL CHECKLIST The following items must be submitted with the Award Package and be approved before any funds are disbursed by the Criminal Justice Coordinating Council. Award Package: 11 Subgrant Award ❑ Special Conditions (signed by Authorized Official and initialed by Project Director) ❑ Subgrant Expenditure Report/Request For Funds #1 ❑ Subgrant Adjustment Request #1/Revised Detailed Budget ❑ Designation of Grant Officials ❑ Reimbursement Selection Form (including a voided check if EFT is selected) ❑ Standard Assurances ❑ Disclosure of Lobbying Activities ❑ Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, and Drug -Free Workplace Requirements ❑ Civil Rights Requirements Form ❑ Audit Requirements Form Signature Authorization Letter (The Authorized Official may designate signing authority to another party for future submissions of forms and documents pertaining to this Sub - grant. To do so, the Authorized Official should submit a letter on official City/County or Agency letterhead and reference the sub -grant award number. Please note that only the authorized official may sign the forms contained within the Award Package.) Complete Financial Statements (non -profits only) (including balance sheet, income statement and statement of cash flows) Complete Salary Information of all employees (non -profits only) Copy of 501(c)(3) (non -profits only) Job Descriptions for all grant and match -funded positions License and Justification for all grant -funded licensed professionals (if applicable) Personnel Action Forms/Salary Authorization Statements Copy of all MOD's with agencies within the service area (if applicable) Copy of all contracts entered into with grant funds DESIGNATION OF GRANT OFFICIALS INSTRUCTIONS Please complete the Designation of Grant Officials form as explained below, • PROJECT DIRECTOR NAME: Entex the name and applicable data of the Project Director. This official must be an employee of the applicant agency or from a contractor organization, at the applicant's option, who will be directly responsible for operation of the project. • FINANCIAL OFFICER: Enter the name and applicable data of the Financial Officer. This person must be the chief financial officer of the applicant agency such as the county auditor, city treasurer or comptroller or the Board Treasurer of the non-profit agency. AUTHORIZED OFFICIAL: Enter the narne and applicable data of the Authorized Official. This person is the official who is authorized to apply for, accept, decline or cancel the grant for the applicant agency. This person must be the chairperson of the county Board of Commissioners, mayor, or chairperson of the City Council or Board chairperson/president of the non- profit agency. All official correspondence regarding the grant award (assurances, disclosures, certifications, award documentation, sub -grant expenditure reports, sub -grant adjustment reports) must be signed by the authorized official. Once an award has been made, the authorized official may designate someone to sign this documentation by submitting a letter on agency letterhead to the Council. This document acknowledges key officials within your agency related to the funded project, No two officials should be the same person. DESIGNATION OF GRANT OFFICIALS LEGAL NAME OF AGENCY: PROJECT TITLE: ❑ Mr. ❑ 'vis. PROJECT DIRECTOR NAME (Type or Print) Title and Agency Official Agency Mailing Address City Zip Daytime Telephone Number Fax Number E -Mail Address ❑ Mr. ❑ his. FINANCIAL OFFICER (Type or Print) Title and Agency Official Agency Mailing Address City Zip Daytime Telephone Number Fax Number E -Mail Address ❑ Mr. ❑ Ms. AUTHORIZED OFFICIAL (Type or Print) Title and Agency Official Agency Mailing Address City Zip Daytime Telephone Number Fax Number E -Mail Address CRIMINAL JUSTICE COORDINATING COUNCIL REIMBURSEMENT SELECTION FORM SUBGRANT NUMBER: AGENCY NAME: 9, SELECT A SCHEDULE FOR SUBMITTING REIMBURSEMENTS (CHECK ONE BOX) ❑ MONTHLY (Requests for reimbursement are due 15 days affer the end of the month) ❑ QUARTERLY (Requests for reimbursement are due 30 days after the end of the quarter) 2. SELECT A PROCESS FOR RECEIVING REIMBURSEMENT PAYMENTS (CHECK ONE BOX) ❑ ELECTRONIC FUNDS TRANSFER (Reimbursements will be deposited into the bank account listed below. A voided check must be„attached fo ensure proper routing „of funds.) BANK NAME: 13ANK ROUTING NUMBER: BANK ACCOUNT NUMBER: AGENCY CONTACT NAME: AGENCY CONTACT TELEPHONE NUMBER: AGENCY AUTHORIZED OFFICIAL NAME AND TITLE: AGENCY AUTHORIZED OFFICIAL SIGNATURE: ❑ CHECK (Reimbursements will be mailed in the farm of a check to the address listed below) MAILING ADDRESS: CITY, STATE & ZIP: ATTENTION: AGENCY AUTHORIZED OFFICIAL SIGNATURE: For CJCC Use ONLY CJCC Auditor: Phone Number. Grant Award Number: Entry Initial/Date: OMB APPROVAL NO. 1121-0140 EXPIRES 01/3112006 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-] 10, A-122, A- 133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63. 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 474), Ex. Order 1 1593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C.§ 469 a-1 et sec.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94); the Americans with Disabilities Act of 1990 (42 U.S.C.§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). 7. 1f a governmental entity— a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seg.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature Date Disclosure of Lobbying Activities Approved by orae 0348-Do46 Complete this form to disclose lobbying activitles pursuant to ai vs,C, 1352 (Sae rant" aide rot instrueNona.) Puhllc Reporting Horden for this collect -on of Iniormatlon Is estimated to average $0 minutes per response,.including the time far rrvievrin9 instructions, searching existing data sources, gathering and maintaining the data needed, and complafng and raviawing trw collectlon of Information. Send conrMntc regarding ihis aur don estkna% Or any other asp■otnf this collection of information, Inc ludIng suggestions forreduting Ms burden, to the Office of Man at and Budget, Paperwork FiDductlon Project (0548.0045), Washington, D.C. 20503. gemen 1. Type of Federal Action: 2. Statue of Federal MUM, 3, iRepDrt Ty".a. contract b6dloiferlapplication a inNal l ong ❑ b. grant ❑ b, inNal award ❑ 6, rhaterinl change c. cooperative agreement C. post -award 0 d. loam For Material Change 4nW. OL loan guarantee Yew qumw !. loan Insurance data of hot nopori 4. Name and AddMos of lieponung Frstity: S. II Reporting Enthy In No. 4 is Sube sordse, enter Hams and Andreae of Optima ❑ Subawardee 'Eley , if known; ; prime: I i Cohgrasslonal Matrict, it (mown: Congre"loral District, d kwm: e, Federal Dopartmertt!Agency: 7. Fed" Program Nanteloesorlplton: I I CFDA Numbar, it applicable: 8. Federal Action Number, if Mown: k !#. Award Amount, it imovm; S log- blame and Add rose of Lobbying Peglstrani b, Indlvldtula PsAorming Servloee (indudkV address Mdflerenttorn No, 1oa, (E! Individual, last nerve, Ursl name, Nil]: (last Hartle, first name, M!); ] I e E I l 11. 1Wormatlon requested through this farm is atnhordzed by $ec.319, Pub. L.101 -f 21,103 Stat. 750, as amended by, sm 10; Pub. L 104- j Signature: 65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying sclivitles I is a material representation of fact upon which reliance was placed f by the above when this transaction was made or entered into. This I print Norm: disclosure is raqulred pursuant to 31 U.S.C. 1352. chis information will ba reported to iha Congress semiannually and will be evallable fai public inspection. Any person who fails to lila the required f till■, disclosure shall be subject to a civii penalty of not less than $1 0.00D 1 and not more than $100,000 for each such fallure. Telephone W. Dais; Authorized !vr Luca! ReprodsiCllon Standard Form�Ll(1hiGi Instructions for Completion of SF.LLL, Disclosure of Lobbying Acflvitles This disclosure form shall be completed by the reporting entity, whether subawerdee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a materia! change 10 a previous filing, pursuant to title 31 U.S.C, section 1352. The tiling of a form is requItW10r each paymeni or agreement to make payment to any lobbying entity for Influencing or attempting to int Iuence an officer or employee of any agency, a Member of Congress, an off lost or employee of Congress, or any employee of a Member of Congress in connection with a covered Federal action, Complete ail hems that apply for both the initial filing and material change report, Reler to the Implementing guidance published by the Office of Management and Budget for additional information. 1. Id0ntifythe type of covered Fode ralact 10nIorwhich lobbying activity is andlor has been secured to tnfiuence the outcome or a covered Federal action. 2. Identity the status of the covered Federai action. 3. ldenttfy the appropriate classification of this report. 11 this is a followup report caused by a material change to the information pro via usly reported, enter the year and quarlar In which the change occurred. Enter the date of the last previously submitied rep" by this reporting entity for this covered Federal action. A. Enter the full name, address, city, state and zip code of the reporting anth y. Ind ude Congressional District, d known, Check the appropriate classification of the reporting antlty that designates If it Is, or expects to be, a prime orsubaward recipient.Identtfythelie rof the s ubaward ee, e.g., f he first subows rdee ofthe prime is the 1 st tier. Subawards Include but are not imhod to subcontracts, subgrants and contract awards under grants. 5.1f the organization filing the report in hem 4 checks "Subawardee', then anterthe tuliname, address. City, stale and zip code olthe prime Federal recipient, Inelude Congressional District, P known. 6. Enter the name o1 the Federal agency making the award or loan commitmonl. Include at least one organizational level below agency name, It Known. For example, Department of Transportation, United States Coast Guard, 7, Enter the Federal program. name or description for the covered Federal action (item 1). If known, enter the full Cataigp of Federal Domestic Assistance (CFDA) number for grants, cooperative agree- ments, loans, and loan commliments. B. Enter the most appropriate Federal Identifying number avallabiefor the Federal action identitle d in item 1 Wg., Request for Propesal (RFP) number; InVil ion for Skl (I KB) number; grant announcement number; the contract, grant, or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001.' 9. For a covered federal action where Thera has been an award or ban COmmhmeI'll by the Federal agency, enter the Federal amoun3 of the awafdlfoan commitment for the prime entity identified in item 4 or S. 10. (a) Enter the full name, address, city; state and zip code at tha repistrant under the Lobbying Disclosure Act M 1995 engaged by the reporting entity identified in item 4 to Influence the covered Federal action. (b) Enter the full names of the Individual{s} performing services, and include full address 9 different from 101a). Enter Last Norrie, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, this, and telephone number. AutharizAw for Lace R►product}on Standard Form-LLL(1M) U.S. DEPARTMENT OF .JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should reter to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the Instructions for eartification included In the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR part 69, `New Restrlations on Lobbying' and 28 CFR Part 67,'Government-wide Debarment and Suspension (Nonpro-curement) and Government-wlde Requirements for Drug -t=ree Workplace (Grants)' The cortifloations shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. I. LOBBYING As required by Section 1352, We 91 of the U.S. Code, and implemented at 28 CFR Part fig, for persons entering into a grant of COOP relive agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that; (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for In. fiuencing or attempting to Influence an officer or employee of any agency, s Member of Congress, an officer or amptoyee of Oongtess, or an employee of a Member of Congress in con• neolIon with the in eking of any Federal grant, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) It any funds other than Federal appropriated funds have been paid or will be paid to any person for intiuent:ing or &1- lempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, 'Dlsclosum of Lobbying Activities' In accordance with its Instructions; (a) The undersigned shall require that the language of this cer- tification be included In the award documents for all subawards at all bars (Inctuding subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBIL" MAS'T'ERS (I?IRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 26 CFR Part 67, Section 67.610-- A.The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denlal of Federal beneflU by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a lhres•year parlod preceding this applica• lion been convioted of or had a elvil Judgment rendered against them tar commission of Iraud or a crimInal. offense In connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State; or. local) tmnsaclion or Contract under a public tran saetlon; violation of Federal or State antitrust statutes or cornmisCon of embezzlement, theft, forgery, bribery, falaification or destruction of records, making false statements, or recahAng stolen property; (a) Are not presently indicted lot or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with oommlrslon of any of the offenses enumerated In paragmph'(1)(by of this certification; and (d) Have not wlthln a three-year period preceding this applica- tion had one or more public transactions [Federal, state, or local) to rminated for cause or default; and S. Where the applicant Is unable to certify to any of the staternants Ip this certincation, he or she shall attach an explanation to this application. 3. T7iiUGi-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As regulred by the Drug -Free Workplace Act of 1 goo, and Implemented at 28 CFR Part 67, Subpart F. for grantees, as def Inad at 28 CFR Part 67 Sections 67.616 and 67.626 A. The applicant oetttfies that It will or win continue to provide a drug-free workplace by: (a) Publishing a slaternent nottfying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled sutmtancf Is prohibited in the grantee's workplace and specifying the actions that will be taken alai DO employees for violation of such prohlbIllon; (b) Establishing an on-going drug free awareness program to Intone employees afloat (f) The dangers of drug abuse in fire workplace; (2) The grantee's policy of maintaining a drug-free workplace; (8) Any available drug counseling, rehabllitstion, and employee assistance programs; and (4) The penalties that may be imposed upon employees lot drug abuse viclatlons occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph {a) that, as a condition of employment under the grant, the employes wlI$--- OJP FpgM 00114 {3.sq REPLACES OJp FbRMS 406112, 406119 AND 409114 WHICH ARE OB&MI:TE. (1) Abide by tha terms of the staternent; and (2) Notify the employer in writing of his or her Convietlon for a violation of a criminal drug statute occurring In the workplace no Ialer than five calendar days after such conviction; (a) Notifying the aggency, in writing, within W calendar days after receiving notJoe under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted -employees must provide notice. Including position IItit, to; Dopartmenf of Justice,'Qflioe of Justice Programs, ATTN: Control Do* fin Indiana Avenue, N.W., Washington, D. C. 20531. Notice shat Include the Iden- tification numbers) of each affected gmrit;' [Tj Taking ane of the ibflowing actions, within 30 calendar days of receiving notice under subparagraph (4)(2), with raspetx to any employee who Is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation AM of 1973, as amended; or (2) Requiring such emp"is to participate sagstactodly In a drug abuse assistance or rehabflltation program approved for' such purposes by a Federal, Stene, or local health, la it enlcrce- meat, or ofher appropriate agency; (g) Making a good falth effort to continue to maintaina drug- free workplace thro"It Implamentatlen of paragraphs (a); (b), (c), (d), je). and (Q. B. The grantee may Insert in the space provided below the cite(s) for the performance of work stone in connection with the speclflo grant: Place of Performance (Street address, city, county, at ate, zip code) Check © It there are ftrkplaoea on file that are not Indentif[ed here. Secricn 67, 890 of the reguialians provides thata grantee thal Is a State may elect to make one cortificall" In oath Federal fiscal year, A copy of which should be included with sea ap- pHaation for Department of Judice funding. Slates and State age nclas may elect to use UJf] Form 4061 f7. Check p If the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 19ga, acrd Implemented at 28 CFR Part 67, Subparl F, for grantees, as defined 0128 CFR Part 67; Saotions 67.615 and $7.620-.- A. As a condition of rhe grant, I certify that I will not engage In the unlawful manufacture, distribution, dispensing, posses- slon, or use of a controlled substance In conducting any activity with its grant; end B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant sollvity, I will report the convicllon, in Writing, within 10 catendar days of the conviction, to; Depariment of Justice, Office of Justlot Programs, AT TN: Control Desk, 638 Indiana Avenue, N.W., Washington, C.C. 20581. As the duly aulharized representative of the appllcmt, 1 hereby certify that the applicant will comply with the above certifications. 1. grantee Name and Address: 2. Application Number and/or Pro)ect Name 4, Typed Name and 7Vs of Authorized Representative 5. Signature S. Grantee IRSNendor Number C. Cate 'u.s. Z3owmrMn� vrintlnp oMs� +ave - <as-oc+ruoara CIVIL RIGHTS REQUIREMENTS Generally, employees and beneficiaries of agencies or organizations that receive federal funding are protected by civil rights laws. These laws prohibit certain types of discrimination in employment practices and in delivery of services. Please list the contact information of the person responsible for civil rights compliance within your organization. (1) Civil Rights Contact Person: (2) Title/Address: (3) Telephone plumber: (4) Number of persons employed by the organizational unit (agency) responsible for administering the sub -grant: For more information regarding cavil rights requirements, go to www.ojp.usdoj.gov/ocrl AUDIT REQUIREMENTS State and local governments are governed by the Single Audit Act of 1984 and OMB Circular A-133, as amended, which is effective regarding audits beginning July 1, 1996 and thereafter. The type of audit required under the Circular is dependent upon the amount of total Federal funds expended in the suis -recipient's fiscal year. State or local governments and non-profit organizations that expend $500,000 or more a year in Federal funds shall have an audit made in accordance with the Single Audit Act of 1984 and DMB Circular A-133, as amended. This audit report is due in the State Administering Agency's office not later than nine (9) months after the end of the sub - recipient's fiscal year. State or local governments that expend less than $500,000 in federal funds yearly shall be exempt from compliance with the Single Audit Act and other Federal audit requirements. [NOTE.- This does not exempt you from the requirement to maintain, produce, and report financial and other records and documentation relative to the expenditure of these grant funds upon request of the State or Federal Agency administering this program.] Please provide the following information: Period of Fiscal Year: Date of Last Audit: Date of Next Audit: Anticipated Date Next Scheduled Audit Will Be Forwarded to the Council: [NOTE: If the total amount of your agency's federal funds expenditures (including this grant) does not equal or exceed $500, 000 you may write "Not Applicable " in this space. SAVE THE DATE!!! American Recovery and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant (JAG) Sub -grantee Workshop WHEN: Thursday, January 14, 2010 WHERE: Georgia Public Safety Training Center http://www.gpstc.orW WHO: Unified Circuit Planning Group Project Fiscal Contacts *Planning Group Coordinators may also attend WHY: Mandatory Grants Workshop To register visit our website at http://cjcc.ga.gov and locate information in the Notices and Events section. Registration deadline is lanuaU 11, 2010 For more information contact Crystal Crews at 404-657-1953 or at crystalxrewsacicc,ga_.gov Hosted by the Office of the Governor's Criminal Justice Coordinating Council SAVE THE DATE!!! American Recovery and Reinvestment Act "Section 1512" Data Training Workshop WHEN: Thursday. February 25, 2010 1..n d_M_ WHERE: Webinar Session WHO: Unified Circuit Plan Fiscal Agents, Project Coordinators, and any one responsible for reporting project data WHY: MANDATORY Recovery Act Reporting on Jobs Retained/Created and Vendor Information Registration Information will be forthcoming! For more information contact Crystal Crews at 404-657-1963 or at crystal.crews@cjcc.ga.gov Hosted by the office of the Governor's Criminal Justice Coordinating Council