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Resolution 14429CITY OF ALAMEDA RESOLUTION NCB. 14 4 2 9 AUTHORIZING THE INTERIM CITY MANAGER TO FILE AN APPLICATION FOR FEDERAL JOBS FOR MAIN STREET ACT OF 2010 FUNDING FOR THE HARBOR BAY PARKWAY REHABILITATION PROJECT AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS, THE CITY OF ALAMEDA (herein referred as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for approximately $1,304,000 in funding from the federal Jobs for Main Street Act of 2010 for the HARBOR BAY PARKWAY REHABILITATION PROJECT (herein referred as PROJECT) for the MTC Regional Jobs for Main Street Act Program (MTC Resolution No. 3943); and WHEREAS, pursuant to Jobs for Main Street Act of 2010, and any regulations and/or guidance promulgated thereunder, eligible project sponsors wishing to receive Regional Jobs for Main Street Act of 2010 funds for a project shall submit an application first with the appropriate Metropolitan Planning Organization (MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, the MTC is the MPO for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No 3606, revised) applicable to federal Jobs for Main Street Act of 2010 fund delivery and has adopted (or is scheduled to adopt) in MTC Resolution No 3943 such additional requirements as are necessary or appropriate to meet the obligations /award deadlines in the Jobs for Main Street Act of 2010; and WHEREAS, APPLICANT is an eligible project sponsor for Jobs for Main Street Act of 2010 funds; and WHEREAS, as part of the application for Jobs for Main Street Act of 2010 funding, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1) that the .sponsor understands that the Jobs for Main Street Act of 2010 funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with .additional Jobs for Main Street Act of 2010 or other MTC-programmed funds; and 2) that PROJECT will comply with the procedures specified in MTC Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and with all project- specific requirements as set forth in MTC's Regional ARRA Program (MTC Resolution No. 3943); and PROJECT as described in the application, and if approved, as included in MTC's TIP; and 3) that PROJECT will comply with all the project-specific requirements as set forth in the federal Jobs for Main Street Act of 2010 and appropriate applicable regulations or guidance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda authorizes the Interim City Manager to execute and file an application for funding under the Jobs for Main Street Act of 2010 for HARBOR BAY PARKWAY REHABILITATION. BE IT FURTHER RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT understands that the Jobs for Main Street Act of 2010 funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional Jobs for Main Street Act of 2010 or MTC - programmed funds; and 2. APPLICANT understands the funding deadlines associated with these funds and will comply with the applicable provisions and requirements of the Regional ARRA Program (MTC Resolution No. 3943) and Regional Project Funding Delivery Policy (MTC Resolution No. 3606, as revised); and 3. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the MTC federal TIP; and 4. PROJECT will comply with all the project- specific requirements as set forth in the Jobs for Main Street Act of 2010 and appropriate applicable regulations or guidance. BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds. BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT. BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for Jobs for Main Street Act of 2010 funding for the PROJECT as referenced in this resolution. BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application. BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC`s TIP. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 1 6th day of March, 2010, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 17th day of March, 2010. Lara Weisiger, Ci City of Alameda y erk