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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 increases to <br />be funded with additional ARRA or MTC-programmed funds; and <br />2. APPLICANT understands the funding deadlines associated with these funds and will comply <br />with the applicable provisions and requirements of the Regional ARRA Program (MTC <br />Resolution No. 3885) and Regional Project Funding Delivery Policy (MTC Resolution <br />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 ARRA and <br />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, City <br />Manager, or designee (the City of Pleasanton City Engineer) to execute and file an application <br />with MTC for ARRA funding for the PROJECT as 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 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 />SECTION 2. City Clerk shall certify to the passage of this resolution and enter it into <br />the book of original resolutions. <br />PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at <br />a regular meeting held on March 3, 2009. <br />I, Karen Diaz, City Clerk of the City of Pleasanton, California, certify that the foregoing <br />resolution was adopted by the City Council at a regular meeting held on the 3rd day of March, <br />2009, by the following vote: <br />Ayes: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman <br />Noes: None <br />Absent: None <br />Abstain: None <br />APPROVED AS TO FORM: <br />~~ll~ac~~ ~~~ <br />Michael H. Roush, City Attorney <br />