CC Resolution No. 09-025 Local Support for American Recovery & Reinvestment Act RESOLUTION N0.09-025
A RESOLUTION OF THE CITY COUr1CIL OF THE CITY OF CUPERTINO
AFFIRMING LOCAL SUPPORT FOR THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 FUNDING, AUTHORIZING THE FILING OF AN
APPLICATION FOR AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
FUNDING, AND STATING THE ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, the City of Cupertino (hereinafter APPLICANT) wishes to submit an
application to the Metropolitan Transportation Commission (MTC) for $1,000,000.00 in funding
from the federal American Recovery and Reinve;~tment Act of 2009 (ARRA) for the Homestead
Road, Mary Avenue to De Anza Boulevard, Re~kabilitation Project (hereinafter PROJECT) for
the MTC Regional ARRA Program (MTC Resolution No. 3885, hereinafter PROGRAM); and
WHEREAS, the amount of ARRA funds available to APPLICANT, as set by ARRA
funding and regional allocation formula, is likel3~ to be approximately $800,000.00, so that final
costs of the PROJECT may require additional funding from APPLICANT; 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 Pvletropolitan Planning Organization (MPO), for
review and inclusion in the MPO's Transportatior? Improvement Program (TIP); and
WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the
nine counties of the San Francisco Bay region; ar~d
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 I~roject 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 ARItA 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 MT(:'s Regional ARRA Program (MTC Resolution
No. 3885); and PROJECT as described ire 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, LET IT BE RESOLVED that APPLICANT is authorized to
execute and file an application for funding under the American Recovery and Reinvestment Act
of 2009 for PROJECT; and
Resolution No. 09-025
BE IT FURTHER BE RESOLVED that the APPLICANT by adopting this resolution
does hereby state that:
1. APPLICANT understands that the AR:RA funding for the project is fixed at the MTC
approved programmed amount, and :hat 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 I?roject-specific requirements as set forth in the
ARRA and appropriate applicable regixlations or guidance; and
BE IT FURTHER BE RESOLVED that there is no legal impediment to APPLICANT
making applications for the funds; and
BE IT FURTHER BE 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 BE RESOLVED that ~~PPLICANT authorizes its City Manager, or the
City Manager's designee to execute and file an a~~plication with MTC for ARRA funding for the
PROJECT as referenced in this resolution, and receive, allocate, and expend funds approved
pursuant to the application, and take all related actions; and
BE IT FURTHER BE 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 BE RESOLVED that the MTC is requested to support the application
for the PROJECT described in the resolution rind to include the PROJECT, if approved, in
MTC's TIP.
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Resolution No. 09-025
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17~' day of February, 2009, by the i:ollowing vote:
Vote Members of the Cite Council
AYES: Mahoney, Sandoval, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, City of pertino
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