2014-009 - Approving a Memorandum of Understanding and an amended Advanced Funding Agreement (AF) with the Texas Department of Transportation (TxDOT) for the Safe Routes to School (SRTS) Project

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Form 2395 (Rev. 11/11) Page 2 of 6 (3) This MOU evidences FHWA's and TxDOT's consent to the adoption of the TxDOT DBE Program by CITY OF PARIS to achieve its DBE participation in federally assisted Construction and Design Projects. (4) The parties will work together in good faith to assure effective and efficient implementation of the DBE Program for CITY OF PARIS and for TxDOT. (5) CITY OF PARIS and TxDOT have agreed upon the following delegation of responsibilities and obligations in the administration of the DBE Program adopted by CITY OF PARIS (a) CITY OF PARIS will be responsible for project monitoring and data reporting to TxDOT. CITY OF PARIS will furnish to TxDOT any required DBE contractor compliance reports, documents or other information as may be required from time to time to comply with federal regulations. TxDOT will provide the necessary and appropriate reporting forms, to CITY OF PARIS (b) CITY OF PARIS will recommend contract- specific DBE goals consistent with TxDOT's DBE guidelines and in consideration of the local market, project size, and nature of the good(s) or service(s) to be acquired. CITY OF PARIS is recommendation may be that no DBE goals are set on any particular project or portion of a project or that proposed DBE goals be modified. CITY OF PARIS and TxDOT will work together to achieve a mutually acceptable goal, however, TxDOT will retain final decision - making authority regarding DBE goals. (c) TxDOT will cooperate with CITY OF PARIS in an effort to meet the timing and other requirements of CITY OF PARIS projects. (d) CITY OF PARIS will be solely responsible for the solicitation and structuring of bids and bid documents to procure goods and services for its projects that use federal funds and will be responsible for all costs and expenses incurred in its procurements. (e) The DBEs eligible to participate on TxDOT construction projects or design projects also will be eligible to participate on CITY OF PARIS construction projects or design projects subject to the DBE Program. The DBEs will be listed on TxDOT's website under the Texas Unified Certification Program (TUCP). (f) CITY OF PARIS will conduct reviews and provide reports with recommendations to TxDOT concerning any DBE Program compliance issues that may arise due to project specific requirements such as Good Faith Effort (GFE), Commercially Useful Function (CUF), etc. CITY OF PARIS and TxDOT will work together to achieve a mutually acceptable goal, however, TxDOT will retain final decision - making authority on those issues and reserves the right to perform compliance reviews. CITY OF PARIS shall provide TxDOT with a listing of sanctions that will be assessed against contractors for violation of federal DBE regulations and its procedures for investigation of violations and assessment of sanctions for documented violations. CITY OF PARIS will require contractors for its FHWA federally assisted projects to use the attached forms as follows: