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Resolution 16224 CITY OF ALAMEDA RESOLUTION NO. 16224 AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY TRANSPORTATION COMMISSION ADMINISTERED FUNDING FOR OAKLAND ALAMEDA WATER SHUTTLE OPERATIONS (YEARS 3 AND 4) AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO COMPLETE THE PROJECT WHEREAS, the Alameda County Transportation Commission ("ALAMEDA CTC") administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee ("VRF"), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the "ALAMEDA CTC ADMINISTERED FUNDS"; and WHEREAS, the ALAMEDA CTC adopted 2026 Comprehensive Investment Plan ("CIP") Guidelines at its Commission meeting on May 23, 2024, which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and WHEREAS, the City of Alameda ("APPLICANT") is the project sponsor for the Oakland Alameda Water Shuttle Operations (Years 3 and 4) Project ("PROJECT"); and WHEREAS, the PROJECT will continue operations of the Oakland Alameda Water Shuttle service across the estuary between west Alameda and Oakland's Jack London Square for two additional years (July 2026 — June 2028); and service will be free and operate four to five days per week; and WHEREAS, as APPLICANT has the legal authority to apply for funding for PROJECT and submitted a 2026 CIP application ("APPLICATION") to Alameda CTC for $730,000; and WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following: 1. APPLICANT will implement the PROJECT as described in the APPLICATION; and 2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and 3. APPLICANT understands it will enter into a Project Funding Agreement ("AGREEMENT") With ALAMEDA CTC, and will comply with the AGREEMENT'S requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and 4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and 5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and 6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded With ALAMEDA CTC ADMINISTERED FUNDS; and 7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and 8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and 9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC's Local Business Contract Equity ("LBCE") Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and BE IT FURTHER RESOLVED that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT'S ability to implement and deliver the proposed PROJECT; and BE IT FURTHER RESOLVED that APPLICANT authorizes its City Manager or designee to execute the funding AGREEMENT with ALAMEDA CTC; and BE IT FURTHER RESOLVED that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and BE IT FURTHER RESOLVED that the City Council of APPLICANT, by adopting this resolution, hereby confirms that: 1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and 2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and 3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT 's requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and 4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and 5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amounts of $225,000 by the City of Alameda, anticipated to be from the City's local Measure BB funds; and $1,975,000 from public agency and non-profit Water Shuttle partners; and 6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded With ALAMEDA CTC ADMINISTERED FUNDS; and 7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and 8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and 9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC's Local Business Contract Equity ("LBCE") Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of December 2024, by the following vote to wit: AYES: Councilmembers Daysog, Jensen, Vella and Mayor Ezzy Ashcraft— 4. NOES: None. ABSENT: Councilmember Herrera Spencer— 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 4th day of December 2024. Lara Weisi er Cit terk g Y _ City of Alameda APPROVED AS TO FORM: _!------ Yibin Sh , Ci ttorney City of la a