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7/11/23 <br /> WHEREAS, there is no legal impediment to APPLICANT making applications for the <br />funds; and <br /> <br /> WHEREAS, 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 <br /> <br /> WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or <br />designee to execute and file an application with MTC for REGIONAL DISCRETIONARY <br />FUNDING for the PROJECT as referenced in this resolution; and <br /> <br />WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in <br />conjunction with the filing of the application. <br /> <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br /> <br />1. That the APPLICANT is authorized to execute and file an application for funding <br />for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL <br />TRANSPORTATION ACT or continued funding; and <br />2. That APPLICANT will provide any required matching funds; and <br />3. That APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for <br />the project is fixed at the MTC approved programmed amount, and that any cost <br />increases must be funded by the APPLICANT from other funds, and that <br />APPLICANT does not expect any cost increases to be funded with additional <br />REGIONAL DISCRETIONARY FUNDING; and <br />4. That APPLICANT understands the funding deadlines associated with these funds <br />and will comply with the provisions and requirements of the Regional Project <br />Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, <br />and will retain the expertise, knowledge and resources necessary to deliver <br />federally-funded transportation and transit projects, and has assigned, and will <br />maintain a single point of contact for all FHWA- and CTC-funded transportation <br />projects to coordinate within the agency and with the respective County <br />Transportation Agency (CTA), MTC, CalTrans, FHWA, and CTC on all <br />communications, inquiries or issues that may arise during the federal <br />programming and delivery process for all FHWA- and CTC-funded transportation <br />and transit projects implemented by APPLICANT; and <br />5. That PROJECT will be implemented as described in the complete application and <br />in this resolution, subject to environmental clearance, and, if approved, for the <br />amount approved by MTC and programmed in the federal TIP; and <br />6. That APPLICANT has reviewed the PROJECT and has adequate staffing resources <br />to deliver and complete the PROJECT within the schedule submitted with the <br />project application; and <br />7. That PROJECT will comply with the requirements as set forth in MTC <br />programming guidelines and project selection procedures for the PROGRAM; DRAFT