HomeMy WebLinkAbout10-131Resolution
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
THE INTERIM EXHIBIT 9-S LOCAL AGENCY DISADVANTAGED BUSINESS
ENTERPRISE (DBE) SUBNIITTAL FORM FOR
FEDERAL FISCAL YEAR (FFY} 2010/2011
WHEREAS, as a condition of receiving Federal Highway Administration (FHWA)
transportation funding, the County of Butte must adopt a Disadvantaged Business Enterprise (DBE)
Program in compliance with Title 49 CFR 26, "Participation by Disadvantaged Business Enterprises in
U.S. Department of Transportation Programs," and
WHEREAS, the State of California's Department of Transportation (Caltrans) is the State
agency authorized by the FHWA to oversee implementation of these regulations; and
WHEREAS, pursuant to Caltrans' Division of Local Assistance March 4, 2009 Disadvantaged
Business Enterprise (DBE) Program directives, as a condition of receiving federal financial assistance
an DOT-assisted contracts, the County of Butte was required to transition to Caltrans' newly adopted
Race Conscious DBE Program by submitting both a new Exhibit 9-A "Disadvantaged Business
Enterprise Jmplementation Agreement for the County of Butte," adopting Caltrans' new DBE Program
Plan, and an Exhibit 9-B, submitting adopted methodology for an Annual Anticipated DBE
Participation Level (AADPL) for FFY 2009110 beginning on October 1, 2009 and ending on
September 30, 2010, ~ based upon determination of race-conscious and race-neutral AADPL
components; and
WHEREAS, the County of Butte Board of Supervisors authorized approval and adoption of
said Exhibit 9-A "Disadvantaged Business Enterprise Implementation Agreement for the County of
Butte" at the regular Board of Supervisors' meeting of May 5, 2009, by Resolution No. 09-071 and
Exhibit 9-B "Local Agency DBE Annual Submittal Form" for FFY 2009110 at the regular Board of
Supervisors' meeting of December 8, 2009, by Resolution No. 09-177; and
WHEREAS, on May 28, 2010, Caltrans Division of Local Assistance issued an Office Bulletin
(DLA-OB} for the discontinuance of local agency AADPL submittals so that, for the time being, local
agencies are no longer required to submit AADPL calculations and methodology to Caltrans per said
Exhibi# 9-A and all references to AADPL in the Local Assistance Procedures Manual (LAPM) are to
be disregarded; and
WHEREAS, per said Office Bulletin (DLA-OB,) no request for authorization of FHWA
funding programmed for FFY 2010/11 can be processed until an Interim Exhibit 9-B designating an
DBE Liaison Officer; outlining race-neutral program measures the County intends to follow; and
adopting Prompt Payment Provisions and methods of monitoring and enforcement determined by the
County to assuxe contractor prompt payment to lower tier contractors for FFY 2010111 is submitted,
approved, and on file with the Caltrans District 3 Local Assistance Engineer; and
WHEREAS, Board of Supervisors adoption is required to ensure compliance with Department
of Transportation federal funding requirements, provisions and financial responsibilities.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of
Butte, State of California, hereby authorizes the approval of Interim Exhibit 9-B Local Agency DBE
Annual Submittal Form for FFY 2010111 and authorizes the Director of Public Works to execute and
submit said Exhibit 9-B to Caltrans, on behalf of the County of Butte, including required designation of
a DBE Liaison Officer, adopted race-neutral DBE program measures, federal-aid contract "Prompt
Payment Provisions," and methods for monitoring and enforcing prompt payment to subcontractors.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, this 14~' day of September, 2010, by the following vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi. az~d Ciaair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
Bill Connelly, Chair,
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief strative Officer
and Clerk of~he ~ ,~'
By: