HomeMy WebLinkAboutTC Res 2009-04-05RESOLUTION NO. 07-2009
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
SHOWING LOCAL SUPPORT FOR THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FUNDING,
AUTHORIZING THE FILING OF AN APPLICATION FOR
FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FUNDING
AND STATING THE ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, the Town of Tiburon (herein referred as APPLICANT) is submitting an application
to the Metropolitan Transportation Commission (MTC) for approximately $170,000 in funding from the
federal American Recovery and Reinvestment Act of 2009 (ARRA), with the potential of receiving
additional funds, for the Reed Ranch Road and Ridge Road Overlay Project (herein referred as
PROJECT) for the MTC Regional ARRA Program (MTC Resolution No. 3885) (herein referred as
PROGRAM); and
WHEREAS, pursuant to ARRA, and any regulations and/or guidance promulgated thereunder,
eligible project sponsors wishing to receive Regional ARRA 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 applicable to federal ARRA fund delivery and has adopted (or is scheduled to adopt) in
MTC Resolution No. 3885 such additional requirements as are necessary or appropriate to meet the
obligations/award deadlines in the ARRA; and
WHEREAS, APPLICANT is an eligible project sponsor for ARRA funds; and
WHEREAS, as part of the application for ARRA funding, MTC requires a resolution adopted by
the responsible implementing agency stating the following:
1) that the sponsor understands that the ARRA funding is fixed at the programmed amount, and
therefore any cost increase cannot be expected to be funded with additional ARRA or other
MTC-programmed funds; and
2) that PROJECT will comply with the procedures specified in MTC's 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. 3885); and PROJECT as
described in the application, and if approved, is included in MTC's TIP; and
3) that PROJECT will comply with all the project-specific requirements as set forth in the federal
ARRA and appropriate applicable regulations or guidance.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon is
authorized to execute and file an application for funding under the American Recovery and Reinvestment
Act of 2009 for the Reed Ranch Road and Ridge Road Overlay Project; and be it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
I . APPLICANT understands that the ARRA 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 ARRA 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. 3885) 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 ARRA
and appropriate applicable regulations or guidance; and be it further
RESOLVED that there is no legal impediment to APPLICANT making applications for the
funds; and 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; and be it further
RESOLVED that APPLICANT authorizes its Town Manager or designee to execute and file an
application with MTC for ARRA funding for the PROJECT as referenced in this resolution; and be it
further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with
the filing of the application; and 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.
PASSED AND ADOPTED at a regular meeting of the Town Council on the 15" day of April,
2009, by the following vote, to wit:
AYES: COUNCILMEMBERS: Collins, Fredericks, Gram
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Berger, Slavitz
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE -IACOPI, TOWN CLERK