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JEFFREY P.

LAMARAND Mayor MARY ANN RILLEY City Clerk LYNN CLEARY Treasurer

City of Taylor
Office of the Mayor
23555 GODDARD ROAD TAYLOR, MICHIGAN 48180 PHONE: (734) 374-1449 - FAX: (734) 374-1421

CITY COUNCIL CHERYL BURKE Chairwoman JILL BRANDANA Chairwoman Pro-Tem JOHN E. DELO JACKLYN MOLNER RICK SOLLARS DENNIS E. STAPLETON SUZANNE L. WEYCKER

moffice@ci.taylor.mi.us August 7, 2012 Ms. Tina Godfrey DHS/FEMA 800 K Street NW Mail Stop 3620 Washington, DC 20472-3620 Re: SAFER Grant Application No EMW-2011-FH-00574

Dear Ms. Godfrey: On Tuesday, July 31, 2012 John M. Barr submitted an e-mail to you describing a Motion for an Order to Show Cause as to Why Defendant Should Not Be Held in Contempt. Mr. Barr attached a copy of the Motion to his e-mail. The hearing referenced in Mr. Barrs e-mail was adjourned to Monday, August 6, 2012. On Monday morning, I filed the attached Response and appeared pursuant to the Order to Show Cause. In my Response I informed the Court that I cannot make or acquiesce in the following certification relative to the March 12, 2012 application to rehire thirty-two (32) firefighters: As the duly authorized representative of the applicant I certify that the applicant: (1) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the nonFederal share of project costs) to ensure proper planning, management and completion of the project described in this application. (Emphasis added). As you know, this statement is the first of several statements an applicant is required to certify as part of the application. Pursuant to my letter supplement to the application of July 31, 2012, I am only able to truthfully make this certification relative to our amended application for a reduced SAFER Grant to rehire fourteen (14) firefighters. At the conclusion of the August 6, 2012 hearing, Judge Kathleen Macdonald ordered me to notify FEMA within twenty-four (24) hours that the $8.1 Million SAFER grant referenced in the Order of Mandamus of July 6, 2012 is accepted. However, due to the above-referenced requirement that the applicant provide a certification that the applicant has funds sufficient to pay the non-Federal share of project costs, and due to the fact that the City of Taylor does not have funds sufficient to pay the non-Federal share of project costs relative to the $8.1 Million SAFER grant, I cannot comply with Judge Macdonalds Order and I cannot accept the $8.1 Million SAFER grant previously awarded to the City of Taylor.

While I cannot and will not provide or acquiesce in the making of a false certification to your agency, my decision may result in a finding of contempt against me. Judge Macdonald has scheduled a continued hearing on Friday, August 10, 2012 at 1:00 p.m. The Judge may determine that I am in contempt at this hearing for refusing to make or acquiesce in the making of a false certification to FEMA. I understand from your e-mail of August 6, 2012 that FEMA is reviewing our supplement to the application of July 31, 2012 and that you have granted a second 30-day extension to accommodate your review. Given the pending hearing scheduled for this Friday, I would request that your office continue its review as swiftly as practicable. I believe that the issuance of a decision from your office on or before Friday, August 10, 2012 would be of great assistance to the parties and the Court in resolving this matter. My staff and I will be available at your convenience should you have any questions or should you require any additional information as you consider our application. If you have any questions or require additional information, please do not hesitate to contact me. Thank you. Respectfully submitted,

Jeffrey P. Lamarand Mayor Enclosure cc w/out enc: Hon. Kathleen Macdonald John M. Barr, Esq. Catherine Patterson, Firefighter Grant Branch Chief, DHS/FEMA Robert Tompos, Fire Chief

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