2009-050 - Supporting American Recovery And Reinvestment Act Of2009 (Arra) Funding And Authorizing The Filing Of An Application For Federal American Recovery And Reinvestment Act Of 2009 (Arra) Funding And Stating The Assurance To Complete The ProjectRESOLUTION 2009 -050
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS SUPPORTING AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 (ARRA) FUNDING AND 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, Town of Los Gatos (herein referred as APPLICANT) is submitting an application
to the Metropolitan Transportation Commission (MTC) for approximately $529,000 in funding from the
federal American Recovery and Reinvestment Act of 2009 (ARRA) for the University Avenue &
Blossom Hill Road Intersection Improvement Project (herein referred as PROJECT) for the MTC
Regional ARRA Program (MTC Resolution No. 3885); 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 fiend 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 fimding 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, as 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 of Los Gatos is authorized to execute
and file an application for funding under the American Recovery and Reinvestment Act of 2009 for the
University Avenue & Blossom Hill Road hntersection Improvement Project; and
BE IT FURTHER RESOLVED that the APPLICANT by adopting this resolution does hereby
state that:
1. APPLICANT understands that the ARRA fielding 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 of the Town of Los Gatos
held on the 4"' day of May, 2009 by the following vote:
COUNCIL:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman
NAYS:
:: _ __ ►CIA
ABSTAIN:
C -RK THE TOWN OF LOS GATOS
LOS GATOS, CALJFOI�-NIA
SIGNED: A"z A�
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA