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RESOLUTION APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE INTERIM E7~IIBIT 9-B LOCAL AGENCY DISADVANTAGED BUSINESS
ENTERPRISE {DBE) SUBMITTAL FORM FOR
FEDERAL FISCAL YEAR (FFY} 2012/2013
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 on 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 Implementation 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 2049110 beginning on
October 1, 2009 and ending on September 30, 2010, based upon determination of race-conscious and xace-
neutral AADPL components; and
WHEREAS, the County of Butte Board of Supervisors authorized approval and adoption of said
Exhibit 9-A "Disadvantaged Business Enterprise Tmplernentation 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 Exhibit 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 the Federal Transportation Improvement Program (FTIP) can be processed until an Interim------
Exhibit 9-B designating a 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 assure contractor prompt payment to lower tier contractors for Federal Fiscal Year 2012/13 is
submitted, approved, and on f le 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 2012113 and authorizes the Director of Public Warks 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 fox
monitoring and enforcing prompt payment to subcontractors.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, this 22nd day of May, 2012, by the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
NOES: Nane
ABSENT: Nane
NOT VOTING: None
ATTEST:
PAUL HAHN,
Chief Administ
By:
and Clerk of the
~~~~
STEVE L T, Chaiur,
Butte County oard of Supervisors