Resolution 2009-05
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Resolution of Local Support
American Recovery and Reinvestment Act of 2009 (ARRA) Funding
RESOLUTION NO. 2009-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY 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, City of Gilroy (herein referred as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for approximately $638,400
in funding from the federal American Recovery and Reinvestment Act of 2009 (ARRA) for the
Gilroy Citywide Sidewalk Rehabilitation 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, 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.
RESOLUTION NO. 2009-05
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NOW, THEREFORE, BE IT RESOLVED that City of Gilroy is authorized to execute
and file an application for funding under the American Recovery and Reinvestment Act of 2009
for Gilroy Citywide Sidewalk Rehabilitation project; and be it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
1. 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 Executive Director, General 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 this 2nd day of March 2009 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
RESOLUTION NO. 2009-05
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APPROVED:
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RESOLUTION NO. 2009-05
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2009-05 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 2nd day of March, 2009, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4th day of March, 2009.
(Seal)