HomeMy WebLinkAbout049-2011RESOLUTION NO. 49-2011
AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE
TRANSPORTATION PROGRAM (STP) AND /OR CONGESTION MITIGATION
AND AIR QUALITY IMPROVEMENT (CMAQ) FUNDING AND COMMITTING
THE NECESSARY NON - FEDERAL MATCH AND STATING THE ASSURANCE
TO COMPLETE THE PROJECT
WHEREAS, the Town of Danville (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $365,500 in
funding from the federal Surface Transportation Program (STP) and /or Congestion
Mitigation and Air Quality Improvement (CMAQ) program for the San Ramon Valley
Street Smarts' Safe Routes to School Program (herein referred to as PROJECT) for the
MTC Resolution, No. 3925, New Federal Surface Transportation Act (FY 2009 -10, FY
2010 -11 and FY 2011 -12) Cycle 1 STP /CMAQ Program: Project Selection Criteria, Policy,
Procedures and Programming (herein referred to as PROGRAM); and
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA) (Public Law 109 -59, August 10, 2005) authorized the
Surface Transportation Program (23 U.S.C. § 133) and the Congestion Mitigation and
Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) through September 30,
2009; and
WHEREAS, SAFETEA has been extended through September 30, 2011 pursuant to
Public Law 112 -5, and may be subsequently extended pending enactment of successor
legislation for continued funding; and
WHEREAS, pursuant to SAFETEA, and the regulations promulgated thereunder,
eligible project sponsors wishing to receive federal Surface Transportation Program
and /or Congestion Mitigation and Air Quality Improvement Program (STP /CMAQ)
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 Say region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC
Resolution No. 3606, revised) that sets out procedures governing the application and
use of STP /CMAQ funds; and
WHEREAS, APPLICANT is an eligible project sponsor for STP /CMAQ funds; and
WHEREAS, as part of the application for STP /CMAQ funding, MTC requires a
resolution adopted by the responsible implementing agency stating the following:
1. the commitment of necessary local matching funds of at least 11.47 %; and
2. that the sponsor understands that the STP /CMAQ funding is fixed at the
programmed amount, and therefore any cost increase cannot be expected to
be funded with additional STP /CMAQ funds; and
3. that the project will comply with the procedures specified in Regional Project
Funding Delivery Policy (MTC Resolution No. 3606, revised); and
4. the assurance of the sponsor to complete the project as described in the
application, and if approved, as included in MTC's TIP; and
5. that the project will comply with all the project- specific requirements as set
forth in the PROGRAM; and
6. that the project (transit only) will comply with MTC Resolution No. 3866,
which sets forth the requirements of MTC's Transit Coordination
Implementation Plan to more efficiently deliver transit projects in the region.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute
and file an application for funding for the PROJECT under the Surface Transportation
Program (STP) and Congestion Mitigation and Air Quality Improvement Program
(CMAQ) of SAFETEA, any extensions of SAFETEA or any successor legislation for
continued funding; and be it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
1. APPLICANT will provide $47,355 in non - federal matching funds; and
2. APPLICANT understands that the STP /CMAQ 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 STP /CMAQ
funding; and
3. APPLICANT understands the funding deadlines associated with these funds
and will comply with the provisions and requirements of the Regional Project
Funding Delivery Policy (MTC Resolution No. 3606, as revised); and
4. 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
5. APPLICANT (for a transit project only) agrees to comply with the
requirements of MTC's Transit Coordination Implementation Plan as set forth
in MTC Resolution 3866; and
6. APPLICANT and the PROJECT will comply with the requirements as set
forth in the program; and therefore be it further
PAGE 2 OF RESOLUTION NO. 49-2011
RESOLVED that APPLICANT is an eligible sponsor of STP /CMAQ funded projects;
and be it further
RESOLVED that APPLICANT is authorized to submit an application for STP /CMAQ
funds for the PROJECT; 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 STP /CMAQ 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.
APPROVED by the Danville Town Council at a regular meeting on June 7, 2011, by the
following vote:
AYES Stepper, Andersen, Arnerich, Doyle, Storer
NOES: None
ABSTAINED: None
ABSENT: None
MAYO
APPROVED AS TO FORM:
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CITY ATTORNEY
ATTEST:
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CITY C
PAGE 3 OF RESOLUTION NO. 49-2011