R370RESOLUTION NO. 370
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, ADOPTING THE
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
OF THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR USE ON PROJECTS THAT ARE PARTIALLY OR
WHOLLY FUNDED THROUGH THE FEDERAL
HIGHWAY ADMINISTRATION; AUTHORIZING THE
CITY MANAGER OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE ALL NECESSARY
DOCUMENTS INCIDENT TO ADOPTION THE TXDOT
DBE PROGRAM; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED COMPLIED WITH THE TEXAS OPEN
MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, periodically the City of Kennedale receives federal finds from the Federal Highway
Administration (FHWA) through the Texas Department of Transportation ( TxDOT) to assist the City of
Kennedale with the construction and design of projects partially or wholly funded through FHWA; and,
WHEREAS, the City of Kennedale, as a sub - recipient of federal funds, is required by 49 CFR 26, to
implement a program for Disadvantaged Business Enterprises, as defined .by 49 CFR 26 ; and,
WHEREAS, TXDOT has implemented a Disadvantaged Business Enterprise Program (DBE Program)
that is approved by the FHWA pursuant to 49 CFR pail 26; and,
WHEREAS, certain aspects of the City of Kennedale's 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, the City of Kennedale 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, the City of Kennedale desires to implement a federally compliant DBE Program by
adopting the TxDOT approved program, as recommended by FHWA; NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS:
Section 1
That the findings set out in the preamble to this resolution are hereby in all things approved and adopted.
Section 2.
That the City of Kennedale by its prescribed protocol hereby adopts the TxDOT DBE program for
projects that are funded partially or wholly through or by the FHWA.
Section 3.
That the City Manager, is hereby authorized to execute all necessary documents, as approved by the City
Attorney's Office, incident to entering into a Memorandum of Understanding (MOU) to memorialize the
obligations, expectations and rights as related to the City of Kennedale's adoption of the TxDOT DBE's
Program.
Section 4.
That the meeting at which this resolution was approved was in all things conducted in strict compliance
with the Texas Open Meetings Act, Texas Government Code Chapter 551.
Section 5.
That this resolution shall become effective immediately from and after its passage. PASSED AND
APPROVED this 13 day of October, 2011.
APPROVED:,
Mayor Bryan Lankhorst
ATTEST:
A V
Amethyst G. Y irmo, City Secretary
APPROVED AS TO FORM:
Wayne K. Olson, City Attorney