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r ° Resolution No. 14-150
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY T F :BUTTE
AUTHORIZINGTHE DIRECTORF PUBLIC WORKS TO ACT
AS THE OFFICIAL REPRESENTATIVE TA►TIVE FO UTTE COUNTY
IN EXECUTING PE TIVE WORK AGREEMENTS WITH THE STATE
DEPARTMENT OF FINANCE C'E F OR ENCUMBERED FUNDING
SET TO LAPSE ON MUNE 30, 2015
WHEREAS,the County of Butte is eligible to receive Federal-Aid funding for certain
transportation projects, through the State of California Department orTransportation, and
WHEREAS,on January 9,2007,. the County of Butte Board of Supervisors approved
and authorized execution of Master Agreement,Administering Agency- State Agreement for
Federal-Aid Projects No. 03-591.28, and
EDEAS, reimbursement of funds to the County of Butte by the State of
California for the Oro-Chico Highway Bike Project, CMI.,-5912(089), and the Bridge
Replacement Project on Midway at :Butte Creek, RL,S-5912(0$5), under said Master
Agreement, Administering Agency — State .Agreement for Federal-Aid Projects No, 03-
5912R required execution of Program Supplement Agreements to said Master Agreement,
and
WHEREAS, Program Supplement Agreement 1 O41 for the Oro-Chico Highway
Bike Project,, CML-5912(089) and Program Supplement Agreement 'N043 for the Bridge
Replacement Project on Midway at Butte Creek, BR1.,S-5912(085), were executed wherein
the encumbered funding was determined to be designated within the Federal Fiscal Year for
2009-2010, with a Reversion(Lapse) late of June 3V', 2015, and
WHEREAS, the State of Calitornia Department of Finance (DOF) has deter-mined.
December 31,2014. to be the date by which local agencies must completely expend(liquidate)
or chose out said encumbrances or else alternately apply for a one time Cooperative Work
Agreement (CWA)by October 24, 2014 to extend the time frame that the funding is eligible
for reimbursement, as determined by the DOF, and
WHEREAS, the DOF has determined criteria to be used for approving or denying
CWA extension requests,where: the]SOF possesses [conal decision authority and it is the local
agency's responsibility to convince the DOF that there is critical need and/or unforeseen or
extraordinary circumstances existed which caused delays in expending the encumbrance, by
which a proposed timeline with projected milestones to expend the remaining funds,obstacles
to future completion, and/or consequences if the CWA is denied are presented by the local
agency, and where there is no right of appeal should the CWA be decoded, and
WHEREAS, the Board or Council of the local agency is required by the DOF to
approve the CWA application by signing the extension request or by submitting resolution,
letter,or meeting minutes ensuring that the Board or Council is aware and understands that if
the DOF does not approve the CWA request, the local agency must fund the remaining
encurnbrance balance and, if the DOE approves the CWA request, funding will lapse when
the C`WA expires, and
WHERE AS, for DOF consideration of their CWA request with the Cycle 1.1 CWA
process for 2009-2010 appropriations, the local agency must respond by submitting their
CWA request by the above said October 24, 201.4 submittal deadline, and
WHEREAS, if the Board or Council of the local agency is unable to sign by the
October 24,2014,submittal deadline for DOF consideration of their C WA requests,they may
write"Forthcoming" in the signature box of the submittal and follow up by providing a later
signed copy of the CWA requests to the CWA Liaison, and
WHEREAS, the Board or Council of the local agency may additionally grant their
Public WorksDirector delegated authority to sign the CWA requests for said Cycle 11.
BE IT RESOLVED by the Board Of Supervisors of the County of Butte, State of
California, that:
I They approve the Cooperative Work Agreement (CWA) request to be
submitted for the Cycle I I CWA application process, per the stipulations
outlined above.
2. The Director of Public Works is hereby authorized and directed to execute and
submit on behalf of the County of Butte said Cycle I I CWA application.
3. That the Clerk of the Board of Supervisors of the County of Butte shall be
authorized to provide certified copies of the Resolution for attachment to said
CWA application.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
of California, this 21st st day of October, 2014 by the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES. None
ABSENT: None
NOT VOTING: None
11-100 iITER, C' air,
E air,
Butte County Board of Supervisors
ATTEST:
PAUL HAH
Chief Admicer and Cl/k of the Board
By: