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CC Resolution No. 10-042 Supporting Local Jobs for Main Street Act of 2010 RESOLUTION NO. 10 -042 A RESOLUTION OF THE CUPERTINO CITY COUNCIL SUPPORTING LOCAL JOBS FOR MAIN STREET ACT OF 2010 FUNDING AND AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL JOBS FOR MAIN STREET ACT OF 2010 FUNDING AND STATING THE ASSURANCE TO COMPLETE THE PROJECT WHEREAS, City of Cupertino (herein referred as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for approximately $700,000.00 in funding from the federal Jobs for Main Street Act of 2010 for Blaney Avenue Pavement Rehabilitation for the MTC Regional Jobs for Main Street Act Program (MTC Resolution No. 3943); and WHEREAS, pursuant to Jobs for Main Street Act of 2010, and any regulations and/or guidance promulgated thereunder, eligible project sponsors wishing to receive Regional Jobs for Main Street Act of 2010 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 Jobs for Main Street Act of 2010 fund delivery and has adopted (or is scheduled to adopt) in MTC Resolution No. 3943 such additional requirements as are necessary or appropriate to meet the obligations /award deadlines in the Jobs for Main Street Act of 2010; and WHEREAS, APPLICANT is an eligible project sponsor for Jobs for Main Street Act of 2010 funds; and WHEREAS, as part of the application for Jobs for Main Street Act of 2010 funding, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1) that the sponsor understands that the Jobs for Main Street Act of 2010 funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional Jobs for Main Street Act of 2010 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. 3943); 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 Resolution No. 10 -042 federal Jobs for Main Street Act of 2010 and appropriate applicable regulations or guidance. NOW, THEREFORE, BE IT RESOLVED that City of Cupertino is authorized to execute and file an application for funding under the Jobs for Main Street Act of 2010 for Blaney Avenue Pavement Rehabilitation; AND BE IT FURTHER RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT understands that the Jobs for Main Street Act of 2010 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 Jobs for Main Street Act of 2010 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. 3943) 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 Jobs for Main Street Act of 2010 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 Executive Director, General Manager, or designee to execute and file an application with MTC for Jobs for Main Street Act of 2010 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. 2 Resolution No. 10 -042 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of March 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APP ROVED: C Ma. Dr City of Cu erti City Clerk : May Dr, Y p 3