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) ProjectRESOLUTION 2014 -009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS AUTHORIZING AND APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION ( TXDOT), AND AUTHORIZING AND
APPROVING A SECOND AMENDMENT TO THE ADVANCE
FUNDING AGREEMENT FOR THE SAFE ROUTES TO SCHOOL
PROJECT WITH TXDOT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, in connection with the Federal funding received by the City of Paris
for its Safe Routes to School Project, the Texas Department of Transportation TXDOT
requires the City to enter into a Memorandum of Understanding (MOU) adopting
TXDOT'S Disadvantaged Business Enterprises Program (DBE); and
WHEREAS, a copy of the Memorandum of Understanding and attachments
adopting TXDOT'S federally- approved Disadvantaged Business Enterprise Program is
attached hereto as Exhibit "A "; and
WHEREAS, TXDOT has also presented the City with a Second
Amendment to the Advance Funding Agreement for the Safe Routes to School Project, a
copy of which is attached hereto as Exhibit `B ".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS:
SECTION 1. That the City Council hereby authorizes and approves the
Memorandum of Understanding regarding the adoption of TXDOT'S Federally- Approved
Disadvantaged Business Enterprise Program attached hereto as Exhibit "A ".
SECTION 2. That the City of Paris hereby authorizes and approves a Second
Amendment to the Advance Funding Agreement for the Safe Routes to School Project, a
copy of which is attached hereto as Exhibit `B ".
SECTION 3. That the City Manager is hereby authorized to execute both the
MOU and the Second Amendment to the AFA on behalf of the City of Paris, Texas.
SECTION 4. That it is hereby officially found and determined that this meeting
at which this resolution is passed is open to the public as required by law, and that public
notice of the time, place and purpose of said meeting was given as required. The regular
meeting of the Paris City Council was called to order at 5:30 P.M. on March 24, 2014 in
Paris, Texas by A.J. Hashmi, M.D., Mayor.
RESOLUTION — 2014-009 WAS PASSED AND APPROVED this
24th day of March 2014, by a vote of 7 ayes and 0 nays at a regular meeting of the
City Council of the City of Paris;
ATTEST
66ice Ellis, City Clerk
APPROVED AS TO FORM
`.L City Attorney
Form 2395
(Rev. 11/11)
nn.
Pagel of6
MEMORANDUM OF UNDERSTANDING
REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF
TRANSPORTATION'S FEDERALLY - APPROVED DISADVANTAGED BUSINESS
ENTERPRISE PROGRAM BY CITY OF PARIS
This Memorandum of Understanding (MOU) is by and between the TEXAS DEPARTMENT OF
TRANSPORTATION (TxDOT), an agency of the State of Texas; and
CITY OF PARIS , a political subdivision of the State of Texas.
Whereas, from time to time CITY OF PARIS receives federal
funds from the Federal Highway Administration (FHWA) through TxDOT to assist
CITY OF PARIS with the construction and design of projects
partially or wholly funded through FHWA; and
Whereas, CITY OF PARIS , as a sub - 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 Disadvantaged Business Enterprise Program (DBE
Program) that is approved by the FHWA pursuant to 49 CFR part 26; and
Whereas, certain aspects of CITY OF PARIS is
procurement of construction and design services are subject to review and /or concurrence by TxDOT as
a condition of receiving federal funds from FHWA through TxDOT; and
Whereas, CITY OF PARIS and TxDOT undertake substantially
similar roadway construction projects and design projects and construct and design their respective
projects using substantially the same pool of contractors; and
Whereas, CITY OF PARIS desires to implement a federally
compliant DBE Program by adopting the TxDOT approved program, as recommended by FHWA; and
Whereas, TxDOT and CITY OF PARIS find it appropriate to
enter into this MOU to memorialize the obligations, expectations and rights each has as related to
CITY OF PARIS 's adoption of the TxDOT DBE's Program to meet
the federal requirements;
Now, therefore, TxDOT and CITY OF PARIS , 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) CITY OF PARIS is a sub - recipient of federal assistance for
construction projects and design projects and, in accordance with 49 CFR § 26.21, must comply with a
federally approved DBE Program. The CITY OF PARIS receives its
federal assistance through TxDOT. As a sub - recipient, CITY OF PARIS
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
CITY OF PARIS , adopt the DBE program, administered through TxDOT,
and CITY OF PARIS by its prescribed protocol adopted the TxDOT DBE
Program as of the date when adoption occurred.
FxHiSIT`
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:
Form 2395 (Rev. 11/11)
Page 3 of 6
Attachment 1 — Disadvantaged Business Enterprise (DBE) Program Commitment Agreement
Form SMS 4901
Attachment 2 — DBE Monthly Progress Report Form SMS 4903
Attachment 3 — DBE Final Report Form SMS 4904
Attachment 4 — Prompt Payment Certification Form (Federal -air Projects) 2177
(g) CITY OF PARIS will designate a liaison officer to coordinate efforts
with TxDOT's DBE Program administrators and to respond to questions from the public and private
sector regarding CITY OF PARIS 's administration of the DBE Program
through TxDOT.
(h) CITY OF PARIS will be responsible for providing TxDOT with
DBE project awards and DBE Commitments, monthly DBE reports, DBE Final Reports, DBE
shortfall reports, and annual and updated goal analysis and reports.
(i) TxDOT will be responsible for maintaining a directory of firms eligible to participate in the
DBE Program, and providing business development and outreach programs.
CITY OF PARIS and TxDOT will work cooperatively to provide
supportive services and outreach to DBE firms in CITY OF PARIS area.
0) CITY OF PARIS will submit DBE semi - annual progress reports to TxDOT.
(k) CITY OF PARIS will participate in TxDOT sponsored training
classes to include topics on Title VI of the Civil Rights Act of 1964, DBE Annual Goals, DBE Goal
Setting for Construction Projects and Design Projects, DBE Contract Provisions, and DBE Contract
Compliance, which may include issues such as DBE Commitments, DBE Substitution, and Final
DBE Clearance. TxDOT will include DBE contractors performing work on
CITY OF PARIS projects in the DBE Education and Outreach Programs.
(1) The Executive Director of CITY OF PARIS will implement all federal
requirements, including those stated in Attachments A through F, which are incorporated as though
fully set out herein for all purposes.
(m) In accordance with 23 CFR 200. 1, CITY OF PARIS shall develop
procedures for the collection of statistical data (race, color, religion, sex, and national'origin) of
participants in , and beneficiaries of Sate highway programs, i.e., relocatees, impacted citizens and
affected communities; develop a program to conduct Title VI review of program areas; and conduct
annual reviews of special emphasis program areas to determine the effectiveness of program area
activities at all levels. TxDOT, in accordance with federal law, may conduct compliance reviews by
TxDOT's Office of Civil Rights (OCR).
(n)
Attachment F.
CITY OF PARIS
will comply with 49 CFR 26.29 as stated in
(6) In the event there is a disagreement between TxDOT and CITY OF PARIS
about the implementation of the TxDOT DBE Program by CITY OF PARIS
the parties agree to meet within ten (10) days of receiving a written request from the other party of a
desire to meet to resolve any disagreement. The parties will make good faith efforts to resolve any
disagreement as efficiently as is reasonably possible in consultation with FHWA. Non - compliance by
CITY OF PARIS can result in restitution of federal funds to TxDOT and
withholding of further federal funds upon consultation with FHWA.
Form2395 (Rev.11 /11)
Page 4 of 6
(7) This MOU becomes effective upon execution by all parties and automatically renews each year
unless a parry notifies the other parties of its intent to terminate the agreement.
(8) If this MOU is terminated for any reason, CITY OF PARIS will be
allowed reasonable time in which to seek approval from FHWA for an alternative DBE Program,
without being deemed non- compliant with 49 CFR Part 26.
(9) This MOU applies only to projects for which CITY OF PARIS is a sub -
recipient of federal funds through TxDOT. CITY OF PARIS may also
implement a Minority and Women -Owned Small Business Enterprise (M/W /SBE) policy and program
that applies to projects for which it is not a sub - recipient of federal funds through TxDOT and which
are not subject to the TxDOT DBE Program. CITY OF PARIS may, at its
option, use some aspects of the TxDOT DBE Program and other similar programs in implementing its
other policies and programs for its non - federally funded projects.
(10) The following attachments to this MOU are also incorporated as if fully set out herein for all
purposes:
Attachment A — FHWA Memorandum HCR- I /HIF -1 (relating to access required by the Americans with
Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973);
Attachment B — SPECIAL PROVISION — LOCAL GOVERNMENT / RMA / NON - STANDARD
CONTRACTS
Attachment C — 49 CFR §26.13 (contractual assurances)
Attachment D — DBE Program Compliance Guidance for Local Government Agencies
Attachment E — FHWA Form 1273
Attachment F — Texas Department of Transportation (TxDOT) Disadvantaged Business Enterprise
(DBE) Program with attachments as follows:
Attachment F 1— DBE Regulations: 49 CFR Part 26
Attachment F2 — DBE Special Provisions 000 -1966
Attachment F3 — TxDOT's Organizational Chart
Attachment F4 — Measurement and Payment Special Provision 009 -007
Attachment F5 — Texas Unified Certification Program (TUCP) DBE directory
example and website address to the directory
Attachment F6 — DBE Goal Methodology
Attachment F7 — DBE Bidder Certification
Attachment F8 — DBE Joint Check Approval Form
Attachment F9 — TUCP Standard Operating Procedures (SOP)
Attachment F 10 — TUCP Memorandum of Agreement (MOA)
Attachment F 11 — Forms list
(11) The following procedure shall be observed by the parties in regard to any notifications:
(a) Any notice required or permitted to be given under this MOU shall be in writing and may be
effected by personal delivery, by hand delivery through a courier or a delivery service, or by
Form2395 (Rev.11 /11)
Page 5 of 6
registered or certified mail, postage prepaid, return receipt requested, addressed to the proper
party, at the following address:
CITY OF PARIS
A. J. HASHMI, M. D.
MAYOR
Hand Delivery:
2890 Lewis Lane, Paris, TX 75460
Registered or Certified Mail (Return receipt requested):
PO Box 9037, Paris, TX 75461 -9037
TEXAS DEPARTMENT OF TRANSPORTATION
DBE Liaison
Office of Civil Rights
Address: 125 E. 11th Street
Austin, Texas 78701
(b) Notice by personal delivery or hand delivery shall be deemed effective immediately upon
delivery, provided notice is given as required by Paragraph (a) hereof. Notice by registered or
certified mail shall be deemed effective three (3) days after deposit in a U.S. mailbox or U.S.
Post Office, provided notice is given as required by Paragraph (a) hereof.
(c) Either party hereto may change its address by giving notice as provided herein.
(12) This MOU may be modified or amended only by written instrument, signed by both
CITY OF PARIS and the TxDOT and dated subsequent to the effective
date(s) of this MOU. Except as authorized by the respective parties, no official, employee, agent, or
representative of the parties has any authority, either express or implied, to modify or amend this MOU.
(13) The provisions of this MOU are severable. If any clause, sentence, provision, paragraph, or article
of this MOU, or the application of this MOU to any person or circumstance is held by any court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality,
or unenforceability shall not impair, invalidate, nullify, or otherwise affect the remainder of this MOU,
but the effect thereof shall be limited to the clause, sentence, provision, paragraph, or article so held to
be invalid, illegal, or unenforceable, and the application of such clause, sentence, provision, paragraph,
or article to other persons or circumstances shall not be affected; provided, however,
CITY OF PARIS and TxDOT may mutually agree to terminate this MOU.
(14) The following provisions apply in regard to construction of this MOU:
(a) Words of any gender in this MOU shall be construed to include the other, and words in either
number shall be construed to include the other, unless the context in this MOU clearly requires
otherwise.
Form 2395 (Rev. 11/11)
Page 6 of 6
(b) When any period of time is stated in this MOU, the time shall be computed to exclude the first
day and include the last day of the period. If the last day of any period falls on a Saturday, Sunday,
or national holiday, or state or county holiday, these days shall be omitted from the computation.
All hours stated in this MOU are stated in Central Standard Time or in Central Daylight Savings
Time, as applicable.
(15) This MOU shall not be construed in any way as a waiver by the parties of any immunity from suit or
liability that parties may have by operation of law, and the parties hereby retain all of their respective
affirmative defenses.
EXECUTED in duplicate originals by TxDOT and CITY OF PARIS , acting
through each duly authorized official and effective on the latest date signed.
The signatories below confirm that they have the authority to execute this MOU and bind their principles.
TEXAS DEPARTMENT OF TRANSPORTATION CITY OF PARIS
Phil Wilson
Executive Director
By:
A. J. Hashmi
Mayor
Date: Date:
STATE OF TEXAS §
COUNTY OF TRAVIS §
CSJ # 0688 -02 -053 & 0901 -29 -072
District # 01- Paris
Code Chart 64 #31950
Project: Justice Elementary School
Crockett Middle School
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ADVANCE FUNDING AGREEMENT
AMENDMENT #2
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and the City of Paris acting by and through it duly
authorized officials, called the Local Government.
W I T N E S S E T H
WHEREAS, the State and the Local Government executed a contract on the 8th day of June, 2011 to
effectuate their agreement to install sidewalks, signage, pavement markings, and improvements to a
pedestrian /bike crossing and bike parking facilities in the vicinity of Justice Elementary School and
Crockett Middle School in the City of Paris and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
Article 13. Local Project Sources and Uses of Funds is deleted in its entirety and replaced
with
A. A Project Budget Estimate is provided in Attachment C, showing the total estimated
development cost of the Project. This estimate shows the itemized cost of real property,
environmental assessments and remediation, engineering activities, construction, and any
other substantial items of cost. To be eligible for reimbursement, costs must have been
included in the itemized budget section of the application approved by the Texas
Transportation Commission. The State and the Federal Government will not reimburse the
Local Government for any work performed before federal spending authority is formally
obligated to the Project by the Federal Highway Administration (FHWA). After federal funds
have been obligated, the State will send to the Local Government a copy of the formal
documentation showing the obligation of funds includin fed r ward information. The
AFA —AFA Amend���tt
_ Page 1 of 6 Revised 04/08/11
CSJ # 0688 -02 -053 & 0901 -29 -072
District # 01- Paris
Code Chart 64 #31950
Project: Justice Elementary School
Crockett Middle School
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Local Government is responsible for one hundred percent (100 %) of the cost of any work
performed under its direction or control before the Federal spending authority is formally
obligated.
B. If the Local Government will perform any work under this contract for which reimbursement will
be provided by or through the State, the Local Government must complete training before
federal spending authority is obligated. Training is complete when at least one individual who
is working actively and directly on the Project successfully completes and receives a certificate
for the course entitled Local Government Project Procedures Qualification for the Texas
Department of Transportation. The Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may be an
employee of the Local Government or an employee of a firm that has been contracted by the
Local Government to perform oversight of the Project. The State in its discretion may deny
reimbursement if the Local Government has not designated a qualified individual to oversee
the Project.
C. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and estimated dollar amounts to be contributed to the Project by federal and local
sources.
D. If the Project is not on the State Highway System, the Local Government may be responsible
for all non - federal and non -state participation costs associated with the Project. Overrun
funding of up to fifteen percent (15 %) in excess of the approved project construction cost may
be approved by the State. The Local Government is responsible for any overruns not
approved by the State and any operating or maintenance expenses.
E. The State will be responsible for securing the federal share of funding required for the
development and construction of the Project, in an amount not to exceed one hundred percent
(100 %) of the actual cost of the work up to the amount of construction funds approved for the
Project by the Texas Transportation Commission and one hundred percent (100 %) of the
Project development cost. Federal funds will be reimbursed on a cost basis. Project costs
incurred prior to Project selection by the Texas Transportation Commission and approval by
the State to proceed are not eligible for reimbursement.
F. In the event the State determines that additional funding is required by the Local Government
at any time during the development of the Project, the State will notify the Local Government
in writing. The Local Government will make payment to the State within thirty (30) days from
receipt of the State's written notification.
G. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government will remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Until the final Project accounting, funds in the
escrow account may only be applied by the State to the Project.
H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds
due by the Local Government, the State, or the Federal Government will be promptly paid by
the owing party. If, after final Project accounting, excess funds remain in the escrow account,
those funds may be applied by the State to the Local Government's contractual obligations to
the State under another advance funding agreement with approval by appropriate personnel of
the Local Government.
AFA —AFA Amend Page 2 of 6 Revised 04/08/11
CSJ # 0688 -02 -053 & 0901 -29 -072
District # 01- Paris
Code Chart 64 #31950
Project: Justice Elementary School
Crockett Middle School
Federal Highway Administration
CFDA # 20.205
Not Research and Development
I. In the event the Project is not completed, the State may seek reimbursement from the Local
Government of the expended federal funds. The Local Government will remit the required
funds to the State within sixty (60) days from receipt of the State's notification.
J. The State will not pay interest on any funds provided by the Local Government.
K. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this
Agreement.
L. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or re- plats, result in increased
costs, then any increased costs associated with the ordinances or changes will be paid by the
Local Government. The cost of providing right of way acquired by the State shall mean the
total expenses in acquiring the property interests either through negotiations or eminent
domain proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
M. The state auditor may conduct an audit or investigation of any entity receiving funds from the
State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
N. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
O. The Local Government is authorized to submit requests for reimbursement by submitting the
original of an itemized invoice in a form and containing all items required by the State no more
frequently than monthly, and no later than ninety (90) days after costs are incurred. If the
Local Government submits invoices more than ninety (90) days after the costs are incurred,
and if federal funding is reduced as a result, the State shall have no responsibility to reimburse
the Local Government for those costs.
Article 23. Inspection of Books and Records is deleted in its entirety and replaced with
The parties to this Agreement shall maintain all books, documents, papers, accounting records,
and other documentation relating to costs incurred under this Agreement and shall make such
materials available to the State, the Local Government, and, if federally funded, the FHWA, and
the U.S. Office of the Inspector General, or their duly authorized representatives for review and
inspection at its office during the contract period and for four (4) years from the date of completion
of work defined under this contract or until any impending litigation, or claims are resolved.
AFA —AFA Amend Page 3 of 6 Revised 04108/11
CSJ # 0688 -02 -053 & 0901 -29 -072
District # 01- Paris
Code Chart 64 #31950
Project: Justice Elementary School
Crockett Middle School
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Article 26. Disadvantaged Business Enterprise (DBE) Program Requirements is deleted in its
entirely and replaced with
A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements
established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision - making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address http: / /ftp.dot.state.tx.us /pub /txdot-
info /bop /dbe /mou /mou attachments. pdf.
E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex
in the award and performance of any U.S. Department of Transportation (DOT)- assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non - discrimination in award and administration of DOT - assisted contracts. The State's
DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by
reference in this Agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this Agreement. Upon notification to the
Local Government of its failure to carry out its approved program, the State may impose
sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of
1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the prime
contractor signs with a sub - contractor) must include the following assurance: The contractor,
sub - recipient, or sub- contractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this
agreement, which may result in the termination of this agreement or such other remedy as the
recipient deems appropriate.
Amended Article Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part
170, including Appendix A. This agreement is subject to the following award terms:
http://www.gpo..qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pd and
http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pd
AFA —AFA Amend Page 4 of 6 Revised 04/08/11
CSJ # 0688 -02 -053 & 0901 -29 -072
District # 01- Paris
Code Chart 64 #31950
Project: Justice Elementary School
Crockett Middle School
Federal Highway Administration
CFDA # 20.205
Not Research and Development
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a Central Contracting (CCR) number (Federal
Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than
$25,000 in Federal funding. The CCR number may be obtained by visiting the CCR
website whose address is: https: / /www.sam.gov /portal /public /SAM /,
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine - character number that allows Federal government to track the distribution
of federal money. The DUNS may be requested free of charge for all businesses and
entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration
website http: / /fedgov.dnb.com /webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
Amended Article Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133.
B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal
year, the Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's
Audit Office at
http://www.txdot.gov/inside-txdot/office/audit/contact.htmf.
C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local
Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet
the $500,000 expenditure threshold and therefore, are not required to have a single audit
performed for FY "
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless otherwise
amended or the project has been formally closed out and no charges have been incurred
within the current fiscal year.
All other provisions of the original contract are unchanged and remain in full force and effect.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
AFA —AFA Amend Page 5 of 6 Revised 04108/11
CSJ # 0688 -02 -053 & 0901 -29 -072
District # 01- Paris
Code Chart 64 #31950
Project: Justice Elementary School
Crockett Middle School
Federal Highway Administration
CFDA # 20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date
AFA —AFA Amend Page 6 of 6 Revised 04/08/11
Below please find information regarding to the MOU's process.
Instruction: http: / /ftp. dot. state.tx.us /pub /txdot- info /bop /dbe /mou /mou instructions.pdf
MOU: http:// www. txdot. gov/ txdoteforms/ GetForm ?formName= /2395.xdp &applD= /DBE
&status=/ reportError. isp &configFite= WFServletConfig.xml
DBE MOU Attachments: http: / /ftp.dot.state.tx.us /pub /txdot-
info %bop /dbe /mou /mou attachments.pdf
If you have any issues with any of the websites or have any additional questions,
please contact me.
Thank you,
Darius Samuels, P.E.
Paris District Traffic Engineer
1365 N. Main St.
Paris, Texas 75460
(903)737 -9498
Darius.Samuels @txdot.gov