City Council

City of Middleburg Heights, Ohio Council Agenda January 28,2025 6:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of January 14,2025 Minutes of the Executive Session of January 14,2025 COMMUNICATIONS Memorandum from Mayor Castelli to Coimcil dated January 23,2025 regarding appointments to Board of Zoning and Building Appeals and Planning Commission. AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES. RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee - Mr. Bortolotto, Chairman 3. Legislation & Rules Committee - Mr. Zakel, Chairman 4. Public Health, Safety & Relief Committee - Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee - Mr. Ference, Chairman MAYOR^S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director ADJOURNMENT  City of Middleburg Heights, Ohio JANUARY 28,2025 Council Agenda PAGE 2 2024 PENDING LEGISLATION ORDINANCE NO. 2024-88 - INTRODUCED BY COUNCILMAN FERENCE An Ordinance amending various sections of the Middleburg Heights Zoning Code. Reading and Referred to Planning Commission -11/12/24 2"“ Reading-11/26/24 Public Hearing - 2/25/25 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTQ A Resolution accepting the FY2024 State Homeland Security Program Grant from the Ohio Emergency Management Agency. INTRODUCED BY MAYOR CASTELLl An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2025.  OFFICE OF THE MAYOR MttdiewJ. CwteUl, Mxfox tfpoulg? MEMORANDUM To: City Coundl Mcsnbees Fsom: Cftstslli Dftte: Jft&uaty 23,2025 Subject App<^ttneiits to the Boaid of Z^oaiog nnH Buiidiag Appeals and Hasming Conmussioti Below are the individuals I am submitting for appointment to the Board of Zoning and Building Appeals and the Planning Commission, Board of Zoning and Building Appeeli Appointment Andrew Vacca will fill a fuU-teim ~ Jamiaiy 1,2025 to Deceniber 31,2029. Andrew’s resume is attached for your information Planning Commlsilon i^polntment: Joy Falsone will fill a fidl-term - Januaiy 1,2025 to Decsembcr 31,2029. Joy prewously was appointed to fill Dave Herweidea’s pired term ending December 31,2024. Joy Falsone is a long-time Middldnixg Heights residoit. Joy graduated fiom Midpaik High School and was employed by Sohio/BP many 3reafs before opening an in-home Daycare in Middleburg Heights. Cutreotly, Joy is a licensed realtor and pstnered LLC business owner for home renovations. cc: Kim Eazl^, Boards and Commissions Jason Stewart, Finance Director Norm H^treiden, Building Cc issioner Santo Incorvaia, Law Director Chuck Bichars, Economic Development Director Sherry Menoes, Civil Service Commission A Cfty ofMldtikburt HdghtK (440) 254-Un 15700 BagUy RMd f.(440}254'9011 Miad)«biugHeIghn. OH 44150 MtddlehurgHdgbDxom  Andrew Vacca 14440 Concord Troll ● MlddletNirg Heights, Ohio 44130 E; andrewvacca20Ogmall,coni ● P; 440*382-7983 Journeyman Plumber 9l Medical Gas/Vacuum Installer da«Ulnw, exotlimt dme nwnMtmem ana organlzatlofiw sklUi and deUvers ecceotfonal ratutts. POManm ninmUM »n«l Of various plumbing systemss^ Sxtui^lI woric vrim a strong sense of urgency under pressure boiS IndependeiMy, ana In'taam i-wngf Core coMPiTENcus Gw Systems ● Medical Vacuum Systems . nmTT”y ^wtaller^ester/Repalfman . Baddtow Tester/Repairman ● ICRA Awareness ● Water Systems . StomVSawer Systems . Natuial Gas Systems . Pumps . Sewage qectere# Soldering ● Brazing ● Pro Press ● Excellent Time Managenwnt and organizational SkIIIs Professional Experience Maintenance Control Planner Clavaland Clinic Foundation ● Clavaland« Ohio ● 2023 - Pi int Planner Effectively utlllzee the planning and scheduling system to conduct maintenance activities to minimize downtime and maximum productivity. Fdrecast upcoming maintananoe workload In terms of man-hours required and available, prlortly, develops Job plans, defines parts and matarlal needed, defines trades and skills, arxl engage the proper resources and perform the proper research to develop safe and efRcient work control plans. Craates ami generates preventative maintenance work orders otr property, equipment and assets. Responsible In maintaining WO metrics and dashboards Identifying end escalating validity, non- compllanoe, and excessive cost fosues. Mkvw up on acojracy of Job plan for ell preventative and corrective malntenanoe work. Revlav^l panned work from assigned area to determine validity, accuracy, compliance with regulatory requirements, due dates, accounting unit approprtation, and necessary enterprise approvals. Obtains all Info required for tradespersons to perform the planned work- drawings, manuals, Instru^kms, apedal procedures, safety pracaiittorw, and Mmatfon of supplies needed. Issues priority Job plan packets to shop. Supervleors for Induction into the workforce. Plumber aevelend Cifnlc Foundation a Cleveland, Ohio a 2017 - 2023 Journeyman Plumber ● CompIMon of preventative meintenenoe, oorrecOve maintananoe, servloe calls, and protects with a focus on customer satisfaction, costs effactivsnass and rellablilty ● ^rdlnation and communication of aarvloa requeats tfensfarred between shifts and other departments to achieve completion of goals In a timely manner whHe escalating naoaasarv iswas whan needed. ● Research and Implement itme and cost savings solutions using Lean prindplas such as root cause analysis, 8 wastes, and 5S. ● Assist oontra^rs with system shutdowns, remodels and new Installations while maintaining a focus on qualky, functionality and bng-tarm sustainment  Instaliatfon tMting and repair of pressure relief valves, backflow preventers, pressure reducers, mbcing valves, water heaters, sump pumps, booster pumps, medical gas/ vacuum systems, emergency equipment, and various other pfajmbing appurtmnces Corsten^ malntalnl^ a 100% preventallve maintenance completion goal while maintaining an over 98% customer satfsfsctlon rating Nuvolo Halson between the plumbing department end the Nuvolo core team members to ensure team members are updated on new dianget, and to assist the Nuvolo core team with Identifying Issues for software updates. Subject matter contact for emergency eye wash and shower evaluations, Installations, removals, and pricing. numbers Unhm Local BS ● aevelaiid, Ohio ● 2011 - 2017 Journeyman Ptumber ● Installed and repaired new and existing piping systems Including medical gas, medical vacuum, sanitary pipe, storm pipe, water pipe, add waste pipe, and natural gas. ● Instaied plumbing fixtures Including water dosets, vanities, uitials, drinking fountains, floor sinks, dinic sinks, emergency floor drains, various countertop sinks and faucets. ● Tested and repaired and Installed pressure erlief valves, backflow preventers, pressure reducers. ● Tracked and scheduled materials ● Scheduled inspections Aodom a Indepandenca, Ohio a 2006 - 2011 Pubifc Records Manager/FCRA Team Admfntstntor ● Directly managed a crass liincUonal team to complete dally production activity. ● Organized dally priorities base on cOenVorganlzational and business r>eeds. ● Provided day to day support to the team to meet goals and objectives. ● Scheduled and facilitate team meetirtgs and fbdlltated team workflow. ● Assisted team In exploring alternatives for process Improvements. ● Identified team Issues and seek solutions. ● Assisted team memberi (e.g., cross training, managing new work loads and assisting other areas when required) ● Customer relations liaison: oversaw FCRA disputes regarding Ibise reports, missed records. Education Cuyahoga Community Oollope ● 2011-2016 Assodati of Applied Sdencs In Industrial Tachnobgy with a concantration In Plumbing Technical Skills Word ● Excel ● Power Point ● Outlook ● Auto Cad ● Vlslo ● Nuvolo ● Microioft AppHcetkms CBRTZFXCATIONS AND LICENSES City of Cleveland Plumbing Certification ● Red Cross Adult/Inftmt AED/Rrst AM/CPR ● OSHA 30 #30-600912112 ● OSHA 10 #30-003586629 ● OSHA Hazard Communication Standards ● OSHA Safety Training Passport ● ICRA ● 6040 Medical Gas Maintenance License ● 6010 Medical Gas Installera License ● Medical Gas Brazing Gartlflcatlon ● Confined Space ● Trenchlng/Excavation Competent Person ● Green Plumblr>g ● State Llosnsed Rra Protection InstaHar/Taster/Repalrman 54.16.5796 ● State Cartifled Backflow Tester #11264 ● FEMA IS-OOIOO.C CsitifICBtion ● HAWS Emergency Eye-Wash and Shower Certified ● HedLok 2023-0792 Certification  DELIVERED JAN 2 3 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mr. Bortototto Co-Sponsors: Mr. Meany, Mr. Ference A RESOLUTION ACCEPTING THE FY2024 STATE HOMELAND SECURITY PROGRAM GRANT FROM THE OHIO EMERGENCY MANAGEMENT AGENCY WHEREAS, Homeland Security Program Grants are designed to enhance the capacity of state and local jurisdictions to prevent, prepare for, respond to, and recover from incidents of terrorism involving chemical, biological, nuclear or explosive weapons and cyberattacks; and WHEREAS, the City applied for a FY2024 State Homeland Security Program grant to be used to purchase an x-ray machine for use by the Police Department/SW Enforcement Bureau Bomb Squad; and WHEREAS, the FY2024 State Homeland Security Program Grant funding has been approved in the amount of $36,595.00. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the FY2024 State Homeland Security Program Grant in the amount of $36,595.00 is hereby accepted. Section 2: That there is hereby appropriated $36,595.00 from the Capital Improvements Fund to purchase an x-ray machine for use by the Police Department/SW Enforcement Bureau Bomb Squad and become eligible for reimbursement under the terms of the Ohio Emergency Management Agency Grant agreement. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  OHIO EMERGENCY MANAGEMENT AGENCY GRANT AGREEMENT Subrecipient Grant Agreement # Subrecipient Vendor ID Federal Pass-Thru# AL# State Fund# State Grant# FY2024-SHSP-7 102412 EMW-2024-SS-05037 97.067 3370 DPSFE29S FY2024 State Homeland Security Program Total Award Performance Period City of Middleburg Heights $36,595.00 9/1/2024 -12/31/2026 Subrecipient Signatory Office/Address Recipient Signatory Office/Address Name/Title Jason Stewart, CPA, Director of Finance Name/Title Sima S. Merick, Executive Director Agency City of Middleburg Heights Agency Ohio Emergency Management Agency Address 15700 Bagley Road Address 2855 W. Dublin-Granville Road City, Zip Middleburg Heights OH 44130 City, Zip Columbus OH 43235-2206 Grant Award Requirements General Requirements: 1. The following forms must be filled out, signed and returned with authorized signature to the Ohio EMA Grants Branch, via email to EMA_Grants@dps.ohio.gov within sixty (60) days after receipt of this Award: a. Grant Agreement b. Assurances & Disclosure of Lobbying Agreement c. Other Required Forms 2. Signatory of this Agreement must have authority to obligate the Subrecipient. Federal Requirements 1. When applicable, the Subrecipient shall provide proof of competitive procurement in accordance with applicable federal, state and local procurement laws and regulations through either submission of three quotes and/or bid package (i.e.. request for quotes, advertisement of bid, bid specs, bid proposals, tabulations, etc.) or submission of pre approved non-competitive procurement form. 2. Ohio EMA reserves the right to request additional documentation and/or information prior to reimbursement and may deny reimbursement if it is determined that the goods or services purchased or that the procurement method used does not comply with state or federal grant requirements. 3. Subrecipient affirms that funds will be disbursed within ten (10) days of receipt 4. Subrecipient agrees that it cannot undertake any project having potential impact on Environmental and Historical Preservation (EHP) resources without the prior approval of DHS-FEMA. Subrecipient must comply with ail conditions placed on a project as a result of the EHP review. A change in scope of work will require EHP re-evaluation. 5. Subrecipient agrees to comply with the grant requirements found in the most recent version of Title 2 Code of Federal Regulations (CFR) and the Federal Acquisition Regulations Part 31.2 as applicable and as amended, a. Subrecipient shall have and use a procurement procedure which reflects applicable State and local laws and regulations, and conforms to Federal laws and the standards identified in 2 CFR 200, in the expenditure, management and accounting of these funds for any procurement using these funds. Inclusive of the federal requirements is the need to utilize one of the approved procurement methods outlined in 2 CFR 200. b. Subrecipient shall only use funds in accordance with the FY2024 SHSP Grant Program Federal and State guidance and the rules, regulations and requirements contained within, c. Subrecipient affirms these funds will not be used as a match for other federal programs and that funds will supplement, and not supplant, local, state or federal funds. Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 1 1 P a g e  d. Subrecipient affirms reimbursed funds through this grant have not been reimbursed through any other grant - federal or otherwise, e. Subredpient agrees to update and finalize the Biannual Strategy Implementation Report (BSIR) within the time frames provided by and as directed by Ohio EMA. f. In accordance with 2CFR200.313 Equipment, the subrecipient agrees to maintain a current inventory listing (Master Asset Listing) of grant-funded equipment funded by this grant (wholly or In part) and any relevant certifications to be submitted upon request- A physical inventory (wholly or in part) will be conducted at least every two years. A current Master Asset Listing along with a yearly inventory certification must be submitted to Ohio EMA within 30 days after December 31 of each year for grant funded assets from the current and any previous awards, g. Subrecipient shall submit policies and procedures annually as guided by the Ohio EMA Grants Branch, h. Any amendment or modification of this Grant Agreement shall be pre-coordinated and made in writing, signed by both parties, and shall specify the changes and justihcation. I. if applicable, Subrecipient shall not utilize Federal funds as a match for this grant. 6. Subrecipient agrees to be responsible for compliance with all applicable federal, state, and local laws and regulations, including but not limited to, equal employment opportunity, conflict of interest, ethics (ORC Chapter 102) and elections (ORC Chapter 3517). 7. Domestic preferences for procurement (2 CFR 200.3221 encourages the Subrecipient, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States when procuring goods and services under Federal awards. This Part will apply to procurements under a grant or cooperative agreement. This section includes the requirement that such term be flowed down to all contracts and purchase orders. 8. Controcf/ng with small and minority businesses, women's business enterprises, and labor surplus area firms (2 CFR 200.32H The subrecipient should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms are considered when possible. 9. Subrecipient shall maintain all accounting records and supporting documents, papers and other evidence of this project in a separate location. Records of different federal fiscal periods and grants shall be separately identified and maintained. Subrecipient shall maintain all accounting records and supporting documents, papers and other evidence of this project and shall make such materials available at all reasonable times during normal business hours for inspection by any authorized representative of the State, the federal granting agency, or the United States Comptroller General for a period of at least three years after the federal closeout date (not three years from end of the performance period set forth in the Agreement.) 10. Subrecipient is prohibited from transferring grant funds between various federal programs or awards. 11. Subrecipient shall provide such information as may be requested by U.S. OHS to ensure compliance with any applicable environmental laws and regulatlons. 12. Subrecipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this grant program. 13. Subrecipient 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 Ohio EMA and U.S. DHS. 14. Per DHS special conditions of the FY2024 SHSP Grant Program, the Subrecipient and Subrecipient's employees may not engage in trafficking of persons, procurement of commercial sex acts and/or use of forced labor in the performance of this award or during the duration that this award is in place. 15. Subrecipient shall ensure that all applicable and appropriate guidance, rules, regulations and terms of this agreement are included in any sub-award or contract funded by these funds. 16. Subrecipient agrees to abide by all applicable DHS Standard Terms and Conditions which are hereinafter incorporated as part of this Grant Agreement and attached in the FY2024 HSGP Grant Program Guidance Document. State Requirements: 1. Subrecipient agrees that program funds are not available to be drawn until Ohio EMA accepts and approves all the submitted application forms and the executed signed Grant Agreement has been returned to Ohio EMA. 2. Subrecipient agrees to submit any proposed revision to their pre-approved budget via EM Grants System, with justification for review and approval by Ohio EMA prior to obligating funds for any such revision. 3. All procurements of $10,000 and above must be pre-approved by Ohio EMA, prior to obligation of funds, via EM Grants System. Retro-active approval will not be granted and expenditures will not be reimbursed without pre-approval. Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 2 I P a R e 4. Any requests for inadequate competition or single source procurement must be pre-approved by Ohio EMA, prior to obligation of funds, via the procurement review process in EM Grants. Retro-aaive approval will not be granted and expenditures will not be reimbursed without pre-approval. 5. Subrecipient will draw down funds through submission of a "Reimbursement Request" via EM Grants to include proof of cost documentation AND proof of competitive procurement in accordance with applicable federal and state procurement laws and regulations through either submission of three quotes and/or bid package (i.e., request for quotes, advertisement of bid, bid specs, bid proposals, tabulations, etc.) and submission of pre-approved Procurement Review (for procurements of $10,000 and above). 6. Ohio EMA reserves the right to request additional documentation and/or information prior to reimbursement and may deny reimbu rsement if it is determined that the goods or services purchased or that procurement method used does not comply with state or federal grant requirements. 7. Failure to demonstrate progress or report progress on a quarterly basis will result in de-obligation of grant funding. 8. This Grant Agreement, all rights, duties and/or obligations described herein may not be assigned or sub-contracted by the Subrecipient without prior consent of Ohio EMA. 9. Authorized Program Expenditures include approved budget line items in accordance with the FY2024 SHSP Grant Program Guidance Document. 10. Unauthorized Program Expenditures include: Any other costs without the prior approval of Ohio EMA as the State Administrative Agency (SAA). 11. Subrecipient agrees, to the extent permissible by applicable law, to be responsible for any and all liabilities or claims caused by or resulting from the Subrecipient's completion of the Project under this Grant Agreement. Nothing in this Grant Agreement shall be construed as an assumption of liability by Ohio EMA, Ohio Department of Public Safety, or U.S. Department of Homeland Security. 12. This Grant Agreement and documents referred to herein constitute the complete understanding of the parties with respect to this award. Whenever possible, each provision of this Grant Agreement shall be interpreted in such a manner as to be effective and valid under both Ohio and federal law. To the extent any provision is determined to be invalid the remainder of the Grant Agreement will not be invalid. 13. In the event the Subrecipient fails to follow proper procurement procedures or utilize these funds for the purposes set forth and in accordance with guidance, applicable laws and regulations, the Subrecipient shall be in default. In such event, Ohio EMA may: a) withhold further payment of funds to Subrecipient, b) require Subrecipient to reimburse all or any portion of funds, and/or (c) terminate the Grant Agreement. Before taking action, Ohio EMA will provide Subrecipient reasonable notice of intent to impose measures and will make efforts to resolve the problem informally. In the event that US OHS-FEMA or the State of Ohio determines that funds are not appropriated or otherwise available to support continuation of this sub-grant, this award shall be canceled. A determination of unavailability of funds shall be final and conclusive. 14. Subrecipient may request review of any decision made under this grant program to the Executive Direaor of Ohio EMA. Decisions of the Executive Director will be final. 15. Subrecipient is prohibited from modifying funded projects without prior written approval from Ohio EMA Grants Branch. 16. Funds not expended and reimbursed within the period of performance listed in this grant or as otherwise amended will be de-obligated. 17. Subrecipient agrees to reimburse State Administrative Agency for all costs and expenses incurred if an audit, monitoring visit or investigation determines the Subrecipient was in violation of the terms of this Grant Agreement (including local, state, and federal requirements). Reimbursement for such costs and expenses may be withheld from any amounts due to the Subrecipient pursuant the payment terms of this Grant Agreement. 18. Subrecipient agrees to review and abide by the applicable portions of DPS policy 501.39, and shall report to Ohio EMA any complaints alleging discrimination from clients, customers, program participants, or consumers of OPS or DPS grant recipients related to Subrecipient's actions under this Grant Agreement. Subrecipient Signatory Offidal(s) Date Grantee Signatory Official Date 12/30/2024 Jason Stewart, CPA, Director of Finance Sima S. Merick, Executive Director City of Middleburg Heights, Subrecipient Ohio Emergency Management Agency, State Administrative Agency Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 3 1 P a I e  state of Ohio Ohio Emergency Management Agency NIMS Compliance Certification Statement I, Director of Finance Jason Stewart. CPA of the City of Middlebura Heights. I have reviewed City of Middlebura Heights's application and supporting documentation to the Ohio Emergency Management Agency for NIMS implementation and compliance with NIMS objectives. I hereby certify: (1) that the City of Middlebura Heights has sufficient legalauthority provided by City of Middlebura Heights's lawfully enacted or promulgated statutes, ordinances, or regulations to adopt the NIMS requirements; (2) that such statutes, ordinances, or regulations are in full force and effect on the date of this certification; (3) that the tasks necessary to implement NIMS requirements have been accomplished to the “good faith effort" standard within the City of Middlebura Heights by all disciplines receiving direct benefit as a result of federal preparedness funding; and (4) that City of Middlebura Heights has reviewed the specific tasks in the FEMA NIMS Implementation Objectives and completed the annual NIMS survey as provided by the Ohio EMA in its grant announcement. To assist Ohio EMA’s review of this application, additional evidence of compliance may be requested and reviewed by Ohio EMA and must be made available upon request. I understand failure to provide the information may result suspended or terminated funding. Director of Finance Jason Stewart, CPA Date Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 4 I P a g c  Summary Sheet for Assurances and Certifications Grant Year: FY2024 Grant Program: SHSP This summary sheet includes Assurances and Certifications that must be read, signed, and submitted as a part of the Application for Federal Assistance. An applicant must check each item that they are certifying to; Part I SF-424B, Assurances for Non-construction Programs Part II SF-424D, Assurances for Construction Programs Partin GG Lobbying Form, Certification Regarding Lobbying Part IV □ SF ILL, Disclosure of Lobbying Activities (If applicable) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the identified attached assurances and certifications. Director of Finance Jason Stewart, CPA Typed Name of Authorized Representative Signature of Authorized Representative Date Signed Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 5 I P a g e  0MB Number 4040-0007 Expiration Date' 02/28/2025 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certif)' to additional assurances. If such is the case, you will be nottfied. As the duly authorized representative of the applicant, 1 certify that the applicant; 1. Has the legal authority to apply for Federal assistance and Aci of 1973, as amended (29 U.S.C. §794), which prohibits the institutional, managerial and financial capability discrimination on the basis of handicaps; (d) the Age (including funds sufficient to pay the non-Federal share of Discrimination Act of 1975, as amended (42 U. S.C. §§6101- project cost) to ensure proper planning, management and 6107), which prohibits discrimination on the basis of age; completion of the project described in this application. (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 2. Will give the awarding agency, the Comptroller General of 92-255), as amended, relating to nondiscrimination on the the United States and, if appropriate, the State, through any basis of drug abuse; (f) the Comprehensive Alcohol Abuse authorized representative, access to and the right to examine and Alcoholism Prevention, Treatment and Rehabilitation all records, books, papers, or documents related to the Act of 1970 (P.L. 91-616), as amended, relating to award; and will establish a proper accounting system in nondiscrimination on the basis of alcohol abuse or accordance vs'ith generally accepted accounting standards or alcoholism; (g) §§523 and 527 of the Public Health Service agency directives. Act of 1912 (42U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and 3. Will establish safeguards to prohibit employees from using drug abuse patient records; (h) Title Vlll of the Civil Rights their positions for a purpose that constitutes or presents the Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating appearance of personal or organizational conflict of interest, to nondiscrimination in the sale, rental or financing of or personal gain. housing; (i) any other nondiscrimination provisions in the specific statuie(s) under which application for Federal 4. Will initiate and complete the work within the applicable assistance is being made; and, (j) the requirements of any time frame after receipt of approval of the awarding agency. other nondiscrimination statutc(s) which may apply to the application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements ofTitles II and III of the Uniform Relocation standards for merit systems for programs funded under one of Assistance and Real Property Acquisition Policies Act of the 19 statutes or regulations specified in Appendix A of 1970 (P.L. 91-646) which provide for fair and equitable OPM's Standards for a Merit System of Personnel treatment of persons displaced or whose property is Administration (5 C.F.R. 900, Subpart F). acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real 6. Will comply with all Federal statutes relating to property acquired for project purposes regardless of Federal nondiscrimination. These include but are not limited to; participation in purchases. (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) Will comply, as applicable, with provisions of the which prohibits discrimination on the basis of race, color or Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) national origin; (b) Title IX of the Education Amendments of which limit the political activities of employees whose 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), principal employment activities are funded in whole or in which prohibits discrimination on the basis of sex; (c) Section part with Federal funds. 504 of the Rehabilitation Previous Edition ti.sablc Standard Form 424B (Rev. 7-97) Authorized for I.ochI Reproduction Prescribed by OMB Circular A-I(I2 Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 6 I P a e e  i. Will comply, as applicable, wiih ihe provisions of the Davis- 13. Will assist the awarding agency in assuring compliance with Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 Section 106 of the National Historic Preservation Act of U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours 1966, as amended (16 U.S.C. §470), EO 11593 and Safety Standards Act (40 U.S.C. §§327- 333), regarding (identification and protection of historic properties), and the labor standards for federally-assisted construction Archaeological and Historic Preservation Act of 1974 (16 subagreements. U.S.C. §§469a-l et seq.). 2. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster Protection human subjects involved in research, development, and related Act of 1973 (P.L. 93-234) which requires recipients in a special activities supported by this aw'ard of assistance. flood hazard area to participate in the program and to purchase 15. Will comply with the Laboratory Animal Welfare Act of flood insurance if the total cost of insurable construction and 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) acquisition is $10,000 or more. pertaining to the care, handling, and treatment of warm 3. Will comply with environmental standards which may be blooded animals held for research, teaching, or other prescribed pursuant to the following: (a) institution of activities supported by this award of assistance. environmental quality control measures under the National 16. Will comply with the Lead-Based Paint Poisoning Environmental Policy Act of 1969 (P.L. 91-190) and Executive Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits Order (EO) 11514; (b) notification of violating facilities the use of lead-based paint in construction or rehabilitation pursuant to EO 11738; (c) protection of wetlands pursuant to of residence structures. EO 11990; (d) evaluation of flood hazards in floodplains in 17 Will cause to be performed the required financial and accordance with EO 11988; (e) assurance of project consistency compliance audits in accordance with the Single Audit Act with the approved State management program developed under Amendments of 1996 and 0MB Circular No. A-133, "Audits the Coastal Zone Management Act ofl972 (16 U.S.C. §§1451 of Slates, Local Governments, and Non-Profit ei seq.); (f) conformity of Federal actions to Slate (Clean Air) Organizations." Implementation Plans under Section 176(c) of the Clean Air Act 18. Will comply with all applicable requirements of all other of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection Federal laws, executive orders, regulations, and policies of underground sources of drinking water under the Safe governing this program. Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 13 Will comply with the requirements of Section 106(g) of the Will comply with the Wild and Scenic Rivers Act of 1968 Trafficking Victims Protection Act (TVPA) of 2000, as 1. (16 U.S.C. §§1271 etseq.) related to protecting components amended (22 U.S.C. 7104) which prohibits grant award or potential components of the national wild and scenic recipients or a sub-recipient from (I) Engaging in severe rivers system. forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Director of Finance APPLICANT ORGANIZATION DATE SUBMITTED City of Middleburg Heights Standard Form 424B (Rev. 7-97) Back Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 7 I P a g e  0MB Number: 4040-0009 ASSURANCES - CONSTRUCTION PROGRAMS Expiration Date: 02/28/2025 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE; Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1- Has the legal authority to apply for Federal assistance, 8. WII comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970 (42 U.S.C. §§4728-4763) relating to prescribed (including funds sufficient to pay the non-Federa! share standards of merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration (5 C.F.R. 900, Subpart F). 2. Will give the awarding agency, the Comptroller General 9. WII comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or documents related to the assistance; and will establish rehabilitation of residence structures. a proper accounting system in accordance with 10. WII comply with all Federal statutes relating to non generally accepted accounting standards or agency discrimination. These include but are not limited to: (a) directives. Title VI of the Civil Rights Act of 1964 (P. L. 88-352) 3. WII not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b) Titie IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681 from the awarding agency. WII record the Federal 1683, and 1685-1686), which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex; (c) Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended (29) U.S.C. with Federal assistance funds to assure non §794), which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps; (d) the Age Discrimination Act of 1975, as 4. WII comply with the requirements of the assistance amended (42 U.S.C. §§6101-6107), which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age; (e) the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972 (P.L. 92-255), as 5. WII provide and maintain competent and adequate amended relating to nondiscrimination on the basis of engineering supervision at the construction site to drug abuse; (0 the Comprehensive Alcohol Abuse and ensure that the complete work conforms with the Alcoholism Prevention, Treatment and Rehabilitation approved plans and specifications and will furnish Act of 1970 (P.L . 91-616), as amended, relating to progressive reports and such other information as may be nondiscrimination on the basis of alcohol abuse or required by the assistance awarding agency or State. alcoholism; (g) §§523 and 527 of the Public Health 6. WII initiate and complete the work within the applicable Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee time frame after receipt of approval of the awarding agency. 3), as amended, relating to confidentiality of alcohol 7. WII establish safeguards to prohibit employees from and drug abuse patient records; (h) Title VIII of the using their positions for a purpose that constitutes or Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as presents the appearance of personal or organizational amended, relating to nondiscrimination in the sale, conflict of interest, or personal gain. rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by 0MB Circular A-102 Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 8 I P a g (i 1. Will comply, or has already complied, with the Federal actions to State (Clean Air) implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c) of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955, as amended (42 U.S.C. §§7401 etseq.); (g) 1970 (P.L. 91-646) which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h) protection of programs. These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205), Federal participation in purchases. 6. Will comply with the Wild and Scenic Rivers Act of 2. Will comply with the provisions of the Hatch Act (5 U.S.C. 1968 (16 U.S.C. §§1271 etseq.) related to protecting §§1501-1508 and 7324-7328) which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 7. WII assist the awarding agency in assuring compliance 3. Will comply, as applicable, with the provisions of the Davis- with Section 106 of the National Historic Preservation Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended (16 U.S.C. §470), EO 11593 (40 U.S.C, §276c and 18 U.S.C, §874), and the Contract (identification and protection of historic properties), and Work Hours and Safety Standards Act (40 U.S.C. §§327- the Archaeological and Historic Preservation Act of 333) regarding labor standards for federally-assisted 1974 (16 U.S.C, §§469a-1 et seq). construction subagreements. 8. Will cause to be performed the required financial and 4. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit Section 102(a) of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and 0MB Circular No. A-133, (P.L. 93-234) which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction 9, WII comply with ail applicable requirements of all other and acquisition is $10,000 or more. Federal laws, executive orders, regulations, and policies 5. Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a) institution of 10. WII comply with the requirements of Section 106(g) of environmental quality control measures under the National the Trafficking Victims Protection Act (TVPA) of 2000, as Environmental Policy Act of 1969 (P.L. 91 - amended (22 U.S.C. 7104) which prohibits grant award 190) and Executive Order (EO) 11514; (b) notification recipients or a sub-recipient from (1) Engaging in severe of violating facilities pursuant to EO 11738; (c) forms of trafficking in persons during the period of time protection of wetlands pursuant to EO 11990; (d) that the award is in effect (2) Procuring a commercial evaluation of flood hazards in floodplains in accordance sex act during the period of time that the award is in with EO 11988; (e) assurance of project consistency effect or (3) Using forced labor in the performance of the with the approved State management program award or subawards under the award. developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Director of Finance APPLICANT ORGANIZATION DATE SUBMITTED City of Middleburg Heights SF-424D (Rev, 7-97) Back Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 9 I P a g e  CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than SI 0.000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL. "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31. U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * APPLICANT'S ORGANIZATION City of Middleburg Heights * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE * Name: Jason Stewart, CPA ’ Title: Director of Finance * SIGNATURE: * DATE; Ohio EMA Grant Agreement - FY2024 State Homeland Security Program 10 I P a g e  DELIVERED JAN 2 3 2025 City of Middleburg Heights, Ohio Ordinance No. 2025- Introduced bv: Mayor Matthew CastelH AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2025 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY, STATE OF OHIO: Section 1. Thai in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2025, the following sums be appropriated from the Streets/Infrastructure Imp. Fund: Increase Description (Decrease) Streets - Capital - Big Creek Detention Basins (Tree Clearing - Basin 2) 60,000.00 Total Increase to the Streets/Infrastructure Imp. Fund 60,000.00 Section 2. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such fonnal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE ZAKEL