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RESOLVED that the APPLICANT by adopting this resolution does hereby state that: <br />1. APPLICANT understands that the ARRA funding for the project is fixed at the MTC <br />approved programmed amount, and that any cost increases must be funded by the <br />APPLICANT from other funds, and that APPLICANT does not expect any cost <br />increases to be funded with additional ARRA or MTC-programmed funds; and <br />2. APPLICANT understands the funding deadlines associated with these funds and will <br />comply with the applicable provisions and requirements of the Regional ARRA <br />Program (MTC Resolution No. 3885) and Regional Project Funding Delivery Policy <br />(MTC Resolution No. 3606, as revised); and <br />3. PROJECT will be implemented as described in the complete application and in this <br />resolution and, if approved, for the amount programmed in the MTC federal TIP; and <br />4. PROJECT will comply with all the project-specific requirements as set forth in the <br />ARRA and appropriate applicable regulations or guidance; and be it further <br />RESOLVED that there is no legal impediment to APPLICANT making applications for <br />the funds; and be it further <br />RESOLVED that there is no pending or threatened litigation that might in any way <br />adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such <br />PROJECT; and be it further <br />RESOLVED that APPLICANT authorizes its Executive Director, General Manager, or <br />designee to execute and file an application with MTC for ARRA funding for the PROJECT as <br />referenced in this resolution; and be it further <br />RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction <br />with the filing of the application; and be it further <br />RESOLVED that the MTC is requested to support the application for the PROJECT <br />described in the resolution and to include the PROJECT, if approved, in MTC's TIP. <br />Introduced by Councilmember Prola and passed and adopted this 7~' day of December, <br />2009, by the following called vote: <br />Members of the Council: <br />AYES: Councilmembers Gregory, Prola, Reed, Souza, Starosciak, Stephens; <br />Mayor Santos (7) <br />NOES: None (0) <br />ABSENT: None (0) <br />ATTEST: ~~ (~~~..- <br />Marian Handa, City Clerk <br />RESOLUTION NO. 2009-159 2 <br />