RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION 1) APPROVING THE APPLICATION FOR AND ACCEPTANCE OF A MTC REGIONAL BICYCLE PROGRAM GRANT IN THE AMOUNT OF $300,000 FOR THE CRYSTAL SPRINGS REGIONAL TRAIL SOUTH OF DAM PROJECT; AND

2) AUTHORIZING THE DIRECTOR OF PARKS OR HIS DESIGNEE TO EXECUTE IN THE NAME OF THE COUNTY OF SAN MATEO ALL NECESSARY APPLICATIONS, CONTRACTS, AGREEMENTS, AMENDMENTS AND PAYMENT REQUESTS HERETO FOR THE PURPOSE OF IMPLEMENTING THE PURPOSES SPECIFIED IN THE GRANT APPLICATION AND MAKING NECESSARY GRANT ASSURANCES

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, San Mateo County (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $300,000 in funding from the federal Surface Transportation Program (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) program for the Crystal Springs Regional Trail South of Dam Project (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 December 31, 2010 pursuant to Public Law 111-147, March 18, 2010 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 Bay 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, IT IS HEREBY DETERMINED AND ORDERED by the County of San Mateo Board of Supervisors 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 accept a MTC Regional Bicycle Program grant in the amount of $300,000; and

BE IT FURTHER RESOLVED that the APPLICANT by adopting this resolution does hereby state that:

1.

APPLICANT will provide $128,779 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

RESOLVED that APPLICANT is an eligible sponsor of STP/CMAQ funded

projects; and therefore 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 the APPLICANT authorizes its Director of Parks 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.

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