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Resolution 14090CITY OF ALAMEDA RESOLUTION NO. 14090 Resolution of Local Support SAFETEA STP/CMAQ Funding ACCEPTING $138,000 IN FISCAL YEAR 2007-2008 CONGESTION MITIGATION AND AIR QUALITY FUNDS FOR THE SIGNAL COORDINATION AND INTERCONNECT FOR EIGHTH STREET, PARK STREET AND OTIS DRIVE PROJECTS WHEREAS, the City of Alameda (the "APPLICANT") is submitting an application to the Metropolitan Transportation Commission (MTC) for Federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvement STP/CMAQ funds for $138,000 for the Signal Coordination and Interconnect for Eighth Street, Otis Drive, and Park Street (the "Project") for the MTC First Cycle STP/CMAQ Program and MTC Program Resolution number 3547 (the "Program"); and WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA) (Public Law 109-59, August 10, 2005) continues the STP (23 U.S.C. § 133) and the CMAQ (23 U.S.C. § 149); and WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder, eligible project sponsors wishing to receive federal STP/CMAQ 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 Metropolitan Transportation Commission (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) that sets out procedures governing the application and use of STP/CMAQ funds; and WHEREAS, APPLICANT is an eligible project sponsor for STP/CMAQ funds; and WHEREAS, as part of the application for STP/CMAQ funding, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1. The commitment of necessary local matching funds of at least 11.47%; and 2. That the sponsor understands that the STP/CMAQ funding is fixed at the programmed amount, and therefore, any cost increase cannot be expected to be funded with additional STP/CMAQ funds; and 3. That the project will comply with the procedures specified in Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and 4. The assurance of the sponsor to complete the project as described in the application, and if approved, as included in MTC's TIP; and 5. That the project will comply with all the project-specific requirements as set forth in MTC First Cycle STP/CMAQ Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the City Manager is authorized to execute and file an application for funding under the STP and CMAQ of SAFETEA for Signal Coordination and Interconnect for Eighth Street, Otis Drive, and Park Street; and be it further BE IT FURTHER RESOLVED that the Applicant, by adopting this resolution, does hereby state that: 1. Applicant will provide $18,000 in non-federal matching funds, 2. Applicant understands that the STP/CMAQ 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 STP/CMAQ funding. 3. Applicant understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No 3606, as revised). 4. 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. 5. Applicant and the Project will comply with the requirements as set forth in First Cycle STP/CMAQ Program. BE IT FURTHER RESOLVED that Applicant is an eligible sponsor of STP/CMAQ funded projects. BE IT FURTHER RESOLVED that Applicant is authorized to submit an application for STP/CMAQ funds for the Project. 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 City Manager or designee to execute and file an application with MTC for STP/CMAQ 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. I, 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 15th day of May 2007, 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, I have hereunto set my hand and affixed the official seal of said City this 16th day of May, 2007. Lara Weisiger, City C Ier City of Alameda