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Form 2395 <br />(Rev. 11/11) <br />nn. <br />Pagel of6 <br />MEMORANDUM OF UNDERSTANDING <br />REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF <br />TRANSPORTATION'S FEDERALLY - APPROVED DISADVANTAGED BUSINESS <br />ENTERPRISE PROGRAM BY CITY OF PARIS <br />This Memorandum of Understanding (MOU) is by and between the TEXAS DEPARTMENT OF <br />TRANSPORTATION (TxDOT), an agency of the State of Texas; and <br />CITY OF PARIS , a political subdivision of the State of Texas. <br />Whereas, from time to time CITY OF PARIS receives federal <br />funds from the Federal Highway Administration (FHWA) through TxDOT to assist <br />CITY OF PARIS with the construction and design of projects <br />partially or wholly funded through FHWA; and <br />Whereas, CITY OF PARIS , as a sub - recipient of federal funds, <br />is required by 49 CFR 26, to implement a program for disadvantaged business enterprises (DBEs), as <br />defined by 49 CFR 26 (DBE Program); and <br />Whereas, TxDOT has implemented a Disadvantaged Business Enterprise Program (DBE <br />Program) that is approved by the FHWA pursuant to 49 CFR part 26; and <br />Whereas, certain aspects of CITY OF PARIS is <br />procurement of construction and design services are subject to review and /or concurrence by TxDOT as <br />a condition of receiving federal funds from FHWA through TxDOT; and <br />Whereas, CITY OF PARIS and TxDOT undertake substantially <br />similar roadway construction projects and design projects and construct and design their respective <br />projects using substantially the same pool of contractors; and <br />Whereas, CITY OF PARIS desires to implement a federally <br />compliant DBE Program by adopting the TxDOT approved program, as recommended by FHWA; and <br />Whereas, TxDOT and CITY OF PARIS find it appropriate to <br />enter into this MOU to memorialize the obligations, expectations and rights each has as related to <br />CITY OF PARIS 's adoption of the TxDOT DBE's Program to meet <br />the federal requirements; <br />Now, therefore, TxDOT and CITY OF PARIS , in consideration of <br />the mutual promises, covenants and conditions made herein, agree to and acknowledge the following: <br />(1) TxDOT has developed a DBE Program and annually establishes a DBE goal for Texas that is <br />federally approved and compliant with 49 CFR 26 and other applicable laws and regulations. <br />(2) CITY OF PARIS is a sub - recipient of federal assistance for <br />construction projects and design projects and, in accordance with 49 CFR § 26.21, must comply with a <br />federally approved DBE Program. The CITY OF PARIS receives its <br />federal assistance through TxDOT. As a sub - recipient, CITY OF PARIS <br />has the option of developing its own program or adopting and operating under TxDOT's federally <br />approved DBE Program. The FHWA recommends that sub - recipients, such as <br />CITY OF PARIS , adopt the DBE program, administered through TxDOT, <br />and CITY OF PARIS by its prescribed protocol adopted the TxDOT DBE <br />Program as of the date when adoption occurred. <br />FxHiSIT` <br />