Res 2007-204 - Laserfiche WebLink

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~ O~~it~. MEMORANDUM OF UNDERSTANDING REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF TRANSPORTATION'S FEDERALLY-APPROVED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM BY THE CITY OF SAN MARCOS This Memorandum of Understanding is by and between the TEXAS DEPARTMENT OF TRANSPORTATION ("TxDOT"), an agency of the State of Texas; and the City of San Marcos, ("the City"), a local government of the State of Texas. Whereas, from time to time the City receives federal funds from the Federal Highway Administration ("FHWA") through TxDOT to assist the City with the construction of projects partially or wholly funded through FHWA; and Whereas, the City, as asub-recipient of federal funds, is required by 49 CFR 26, to implement a program for disadvantaged business enterprises ("DBEs"), as defined by 49 CFR 26 ("DBE Program"); and Whereas, TxDOT has implemented a DBE Program that is approved by the Federal Highway Administration (FHWA) pursuant to 49 CFR part 26; and Whereas, as a condition of receiving federal funds from FHWA through TxDOT, certain aspects of the City's procurement of construction services are subject to review and/or concurrence by TxDOT; and Whereas, the City and TxDOT undertake substantially similar roadway construction projects and construct their respective projects using substantially the same pool of contractors; and Whereas, the City desires to implement a federally compliant DBE Program by adopting the TxDOT approved program, as recommended by FHWA; and Whereas, TxDOT and the City find it appropriate to enter into this Memorandum of Understanding to memorialize the obligations, expectations and rights each has as related to the City's adoption of the TxDOT DBE Program to meet the federal requirements; Now, therefore, TxDOT and the City, in consideration of the mutual promises, covenants and conditions made herein, agree to and acknowledge the following: (1) TxDOT has developed a DBE Program and annually establishes a DBE goal for Texas that is federally approved and compliant with 49 CFR 26 and other applicable laws and regulations. (2) The City is asub-recipient of federal assistance for roadway construction projects and, in accordance with 49 CFR § 26.21. must implement a federally approved DBE Program. The City receives its federal assistance through TxDOT. As asub-recipient, the City has the option of developing its own program or adopting and operating under TxDOT's federally approved DBE Program. The FHWA recommends that sub-recipients, such as the City, adopt the DBE program, administered through TxDOT, and the City hereby chooses to adopt the TxDOT DBE Program. (3) This Memorandum of Understanding evidences FHWA's and TxDOT's consent to the adoption of the TxDOT DBE Program by the City to achieve its DBE participation in City federally assisted roadway construction projects. (4) The parties will work together in good faith to assure effective and efficient implementation of the DBE Program for the City and for TxDOT.