HomeMy WebLinkAboutContract 58522 CSC No. 58522
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
UNITED WAY OF TARRANT COUNTY
This Agreement is made between the CITY OF FORT WORTH ("City"), a municipal
corporation, acting herein by and through FERNANDO COSTA, its duly authorized Assistant
City Manager, and UNITED WAY OF TARRANT COUNTY ("United Way"), a Texas non-
profit corporation, acting by and through Leah M. King, its duly authorized representative.
RECITALS
WHEREAS,in March 2021,as the COVID-19 Pandemic continued to impact the Country,
the United States Congress passed a stimulus package entitled the American Rescue Plan Act of
2021 (ARPA);
WHEREAS,ARPA established the Coronavirus State and Local Fiscal Recovery Funds
(SLFRF) to provide state, local, and Tribal governments with the resources needed to respond to
the pandemic and its economic effects;
WHEREAS, on April 1, 2022, the Secretary of the Treasury adopted the final rule
implementing the SLFRF;
WHEREAS, according to the Final Rule, the Treasury recognizes that violent crime and
gun violence has increased due to the pandemic and, as a result, specifically provides that
recipients of the SLFRF may use funds to reduce violent crime and gun violence in the community
through community violence intervention programs and additional law enforcement efforts;
WHEREAS, City has determined that the UNITED WAY provides services through
prevention and intervention to reduce violent crime and specifically gun violence;
WHEREAS, the City and UNITED WAY desire to enter into a contract to have such
services provided by and through the creation of the One Second Collaborative,which will benefit
the Fort Worth community by increasing the safety of neighborhood residents while reducing
incidence of gun violence;
WHEREAS,the City desires to contract with UNITED WAY to provide such services for
the public purpose of crime prevention and intervention; and
WHEREAS, the City, as consideration for the performance of UNITED WAY and as
authorized by M&C 22-0793, has appropriated ARPA funds in the amount of $4,411,080.00
("Program Funds")to provide to UNITED WAY on a disbursement schedule for the operation of
the services to be provided by UNITED WAY subject to and in accordance with this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
AGREEMENT DOCUMENTS
The Agreement/Contract is made up of the Agreement documents and includes the following:
1. This Agreement
2. Exhibit A—Scope of Work: Project Plan
3. Exhibit B—Budget Form
4. Exhibit C—Financial Report
5. Exhibit D—Quarterly Project Plan Status Report
6. Exhibit E—Semi-Annual Outcomes Report
7. Exhibit F—Request for Budget Modification
8. Exhibit G—Corrective Action Plan Form
9. Exhibit H—Previous Year's Corrective Action Plan—if applicable
10. Exhibit I—Disbursement Form
11. Exhibit J—Audit Certification Form
Exhibits "A" through "J", which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. In the event of any conflict between the terms and conditions of
Exhibits A through J and the terms and conditions set forth in the body of this Agreement, the
terms and conditions of this Agreement control.
DEFINITIONS
The term"ARPA"means American Rescue Plan Act.
The term "ARPA Regulations" means regulations found at 31 CFR Part 35 and Social
Security Act, Title VI-Coronavirus Relief, Fiscal Recovery, and Critical Capital Projects
Funds.
The term"City"includes City, and its officers, agents, employees, and representatives.
The term"Party"may be used to refer to City or UNITED WAY.
The term"Parties"may be used to refer to both City and UNITED WAY.
The term "Program" means the One Second Collaborative program developed and
implemented to accomplish the goals of the Agreement and the parties to reduce incidence
of gun violence.
The term"Program Funds"means the ARPA funds granted by City to United Way under
the terms of this Agreement.
The term "UNITED WAY" includes United Way of Tarrant County, and its officers,
agents, employees, representatives, servants, contractors, and subcontractors.
AGREEMENT
1. DUTIES AND RESPONSIBILITIES OF UNITED WAY
1.1 UNITED WAY covenants and agrees to fully perform,or cause to be performed,with good
faith and due diligence, all work and services described in Exhibit "A" — Scope of Work and
Project Plan for the One Second Collaboration (the "Program"). UNITED WAY will be
responsible for the day-to-day administration of the Program. UNITED WAY agrees to expend
the Program Funds, as defined below, in accordance with the Budget Narrative Form as described
in Exhibit "B". Program activities shall be reported in accordance with Exhibit "D"- Quarterly
Project Plan Status Report and semi-annual measures shall be reported in accordance with Exhibit
"E"- Semi-Annual Outcomes Report, attached.
1.2 UNITED WAY will be reimbursed for eligible costs with ARPA Funds only if City
determines in its sole discretion that:
1.2.1 Costs are eligible expenditures in accordance with ARPA Regulations.
1.2.2 Costs are in compliance with this Agreement and are reasonable and consistent with
industry norms.
1.2.3 Complete Documentation,as applicable, is submitted to City by UNITED WAY.
1.3 Change in Protect Budget. UNITED WAY will notify City promptly of any additional
funds it or any of its subcontractors or subrecipients receive for the development or operation of
the Program, and City reserves the right to amend this Agreement in such instances to ensure
compliance with ARPA.
1.5 Identify Program Expenses Paid with ARPA Funds. UNITED WAY agrees to keep
accounts and records in such a manner that City may readily identify and account for expenses
reimbursed with ARPA Funds. These records shall be made available to City for audit purposes
and shall be retained as required hereunder.
1.6 Program Subcontracts. UNITED WAY acknowledges and agrees that it will not enter
into a subcontract with another agency, contractor, or vendor for any part of the Program that will
be paid with ARPA Funds without City's prior written consent.
1.6.1 UNITED WAY will ensure that any contractual documents with any subcontractor
or subrecipient of the ARPA funds will include the provisions of this Agreement
that relate to ARPA regulation and compliance, City regulations and compliance,
default and remedies upon default, subcontracting, indemnity, notice, repayment,
audit,insurance,and all other obligations included herein,adapted as necessary and
approved by City.
1.8 Procurement Standards. UNITED WAY will comply, if applicable, and will require all
recipients of the ARPA Funds to comply with all applicable federal, state and local laws,
regulations, and ordinances for making procurements under this Agreement. In addition to the
conflict of interest provisions in this Agreement, UNITED WAY will establish written
procurement procedures to ensure that materials and services are obtained in a cost-effective
manner and that provides for full and open competition. When procuring materials and services
for this Agreement,UNITED WAY will comply at a minimum with the procurement standards in
2 CFR Part 200.317 through Part 200.326.
1.8.1 Agreements in excess of$10,000.00 made by UNITED WAY or any subrecipient
using ARPA Funds must address termination for cause and convenience including
the manner by which such termination shall be effected and the basis for settlement
of the terminated contract, if any, as required by Appendix II(B),2 CFR Part 200.
1.8.2 UNITED WAY shall not make any contract with parties listed on the government
wide System for Award Management,www.sam.gov ("SAM"). UNITED WAY
shall require by search of SAM that all contractors paid with ARPA Funds are not
listed by SAM as being debarred, both prior to hiring and prior to submitting a
Reimbursement Request(Financial Report)which includes invoices from any such
contractor. Failure to submit such proofs of search shall be an event of default.
1.9 Cost Principles/Cost Reasonableness. The eligibility of costs incurred for performance
rendered shall be determined in accordance 2 CFR Part 200.402 through 2 CFR Part 200.405, as
applicable,regarding cost reasonableness and allocability.
1.10 Financial Management Standards. UNITED WAY agrees to comply with 2 CFR Part
200, as applicable. UNITED WAY also agrees to adhere to the accounting principles and
procedures required therein,utilize adequate internal controls, and maintain necessary supporting
and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part
200.303.
1.11 Uniform Administrative Requirements, Cost Principles, and Audit Requirements.
UNITED WAY will comply with the Uniform Administrative Requirements,Cost Principles, and
Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably
equivalent procedures and requirements that City may require.
1.12 Compliance with FFATA and Whistleblower Protections.UNITED WAY will provide
City with all necessary information for City to comply with the requirements of 2 CFR 300(b),
including provisions of the Federal Funding Accountability and Transparency Act ("FFATA")
governing requirements on executive compensation and provisions governing whistleblower
protections contained in 10 U.S.C. 2409,41 U.S.C. 4712, 10 U.S.C. 2324,41 U.S.C. 4304 and 41
U.S.C. 4310.
1.12.1 UNITED WAY will provide City its DUNS number prior to the payment of any
Reimbursement Requests (Financial Report).
1.13 Internal Controls. In compliance with the requirements of 2 CFR Part 200.303, UNITED
WAY shall:
1.13.1 Establish and maintain effective internal controls that provide reasonable assurance
that UNITED WAY is ensuring the work that is being reimbursed using ARPA
Funds is being performed in compliance with federal statutes, regulations, and the
terms and conditions of this Agreement. These internal controls shall comply with
guidance in"Standards for Internal Control in the Federal Government" issued by
the Comptroller General of the United States or the "Internal Control Integrated
Framework" issued by the Committee of Sponsoring Organizations of the
Treadway Commission("COSO");
1.13.2 Comply with federal statutes, regulations, and the terms and conditions of this
Agreement;
1.13.3 Evaluate and monitor any and all subcontractors' or subrecipients' of the ARPA
Funds compliance with statutes, regulations and the terms and conditions of this
Agreement;
1.13.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
1.13.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that City designates as sensitive or UNITED
WAY considers sensitive consistent with applicable federal, state, local and tribal
laws regarding privacy and obligations of confidentiality.
1.14 Copyright and Patent Rights. No reports or other documents produced in whole or in
part under this Agreement shall be the subject of an application for copyright by or on behalf of
UNITED WAY or any subcontractor or subrecipient of the ARPA Funds. City shall possess all
rights to invention or discovery, as well as rights in data which may arise as a result of UNITED
WAY or any subcontractor's or subrecipient's performance under this Agreement.
2. DUTIES AND RESPONSIBILITIES OF CITY
2.1 City shall provide up to$4,411,080.00 of ARPA Funds to UNITED WAY under the terms
and conditions of this Agreement.
2.2 City will monitor the activities and performance of UNITED WAY and any of their
contractors, subrecipients, subcontractors or vendors throughout the Performance Period, but no
less than annually. Monitoring by City will include monitoring whether UNITED WAY is
complying with the ARPA and this Agreement.
3. PROGRAM FUNDS
3.1 In no event shall the total distribution from City made to UNITED WAY during the term
of this Agreement exceed the total sum of$4,411,080.00.
3.2 Payments of the Program Funds from City to UNITED WAY shall be made on a cost-
reimbursement basis following receipt by City from UNITED WAY of a signed Financial Report,
as described in Exhibit "C", and copies of all receipts, support documentation, and program
reports. To receive reimbursement, UNITED WAY must also satisfy reporting requirements for
Disbursements as outlined in Section 3.4.
3.3 City agrees to make an Initial Payment of Program Funds to UNITED WAY in the amount
of one million seven hundred sixty-four thousand four hundred thirty-two dollars($1,764,432.00)
after execution of this Agreement. The Initial Payment shall not require a signed Financial report
or receipts and support documentation. The Payment of Program Funds from City to UNITED
WAY shall be in accordance with Exhibit "I" —Disbursement Form and this Agreement. At its
sole discretion, the City may decline to issue Program Funds to UNITED WAY if the UNITED
WAY failed to spend at least 50% of the previously disbursed Program Funds.
3.4 Disbursements are subject to receipt of all financial report and program reports. UNITED
WAY shall deliver to City a written detailed Project Plan Status Report as described in Section 3.6
below with each financial report to support the expenditure of Program Funds. Such reports shall
be signed by an authorized representative of UNITED WAY. The financial report, quarterly
Project Plan Status Report, and Disbursement Form shall be submitted to City no later than the
15«' day following the end of the quarter. Submittal of a Disbursement Form, quarterly financial
report and Project Plan Status report is required even if services are not provided.
3.5 At the conclusion of this Agreement, UNITED WAY shall deliver to the City a check for
any Disbursement funds remaining. Checks should be addressed to the City of Fort Worth. Checks
should be delivered to Supplemental Funding Unit, Financial Management Division, Bob
Bolen Public Safety Complex, 505 W. Felix St.,Fort Worth,Texas,76115.
3.6 Each quarterly financial report submission should be sequentially numbered and include
expense documentation that is legible, detailed, clear, and concise. The submitted financial report
shall include quarterly and annual reports as applicable. Submissions must be scanned and
submitted to the Supplemental Funding Unit of the Fort Worth Police Department. Submissions
should be titled "United Way — Financial Report Month-Year" and sent either via email to
CPD Grants@fortworthtexas.gov, or via mail addressed as such: ATTENTION: Supplemental
Funding Manager,Financial Management Division,Bob Bolen Public Safety Complex, 505
W. Felix St.,Fort Worth,Texas, 76115. Reimbursements will not be made until after receipt of
an acceptable and approved financial report and a quarterly Project Plan Status Report from
UNITED WAY.Additionally,a Semi-Annual Outcomes Report is required as described in section
4.2 and must be approved prior to reimbursements. Reimbursements shall be made within 30 days
of receipt of said documents. Incomplete or incorrect submissions shall be returned to the District
for resubmission,restarting the 30-day reimbursement schedule.
3.7 UNITED WAY is authorized to modify up to five(5)percent of any budgeted line-item in
the original approved budget without prior written permission from City. However, UNITED
WAY must submit the Request for Budget Modification Form (Exhibit "F") to City, with the
quarterly financial report,during the quarter the modification took place.The request must include
justification for modification to the budget, and the new modified budget cannot exceed the total
amount of Program Funds.
3.8 Any modifications of more than five (5)percent of any budgeted line-item in the original
approved budget must have prior written permission from City before the modifications are made.
The Budget Modification Form(Exhibit"F")must be submitted,and request must be approved by
City,before any money is moved to the line-item. Once the Budget Modification is approved,the
modified budget will take effect on the first day of the following month.The new modified budget
shall not exceed the total amount of Program Funds.
3.9 Any modifications to zero line-items in the original approved budget must have prior
written permission from City before the modifications are made. The Budget Modification Form
(Exhibit"F") must be completed and approved by City before money is transferred into the new
line-item. Once the Budget Modification is approved,the modified budget will take effect on the
first day of the following month. The new modified budget shall not exceed the total amount of
Program Funds in section 2.1.
3.10 UNITED WAY will document cost allocations for all budgeted expenses throughout the
entirety of the Agreement and will be responsible for having a policy and procedure in place for
this documentation. Specifically, UNITED WAY will document how all shared costs, personnel
time,or equipment that was fully or partially paid for using CCPD funds,were used in furtherance
of the program activities described in this Agreement.Documentation of these cost allocations, as
well as a copy of UNITED WAY's policy and procedures for the documentation of the cost
allocations shall be made available to the City upon request.
3.11 Budget modification can only occur within the Direct and Indirect costs.Funds may not be
moved from a Direct line item into an Indirect line item, or vice versa.Modification of Direct and
Indirect approved budgets must follow the guidelines outlined in sections 2.5, 2.6. and 2.7.
3.12 The City reserves the right to reject any budget modification that the City believes, in its
sole discretion, is not clearly aligned with the program activities and any requests for
reimbursement expenses that the City believes, in its sole discretion, are not specified in Exhibit
B of this Agreement or an approved Budget Modification Form.
3.13 Request for Budget Modification Form(Exhibit"F")shall be submitted via either email to
CPD_GRANTS @fortworthtexas.gov or to the Supplemental Funding Manager, Financial
Management Division, Bob Bolen Public Safety Complex at 505 W. Felix St., Fort Worth,
Texas,76115.
3.14 The last day the City will approve an Exhibit F Budget Modification for this agreement is
90 days before the end of the contact.
4. TERM
This Agreement shall commence upon December 1,2022("Effective Date"),and shall end
on May 31, 2025 ("End Date"). All of UNITED WAY's expenditures under this Agreement must
be completed no later than December 31, 2026. The City reserves the right to withhold the final
Request for Reimbursement until all required documents have been received by Contractor.
5. PROGRAM PERFORMANCE
5.1 UNITED WAY agrees to maintain full documentation supporting the performance of the
work and fulfillment of the objectives set forth in Exhibit"A."
5.2 UNITED WAY agrees to provide a quarterly Project Plan Status and Semi-Annual
Outcomes Report to document the performance of the work described in Exhibit"D" and Exhibit
"B," respectively. The Project Plan Status and Annual Outcomes Report shall document the
program activity names, numbers of participants attending, details of the activities, and a
description of the goals achieved in support of the CCPD goals. Semi-Annual Outcomes Report
shall be reported on a semi-annual basis and included in the 2"d and 0' quarter FINANCIAL
REPORT and Project Plan Status Report submittals. Additionally, the Semi-Annual Outcomes
Report must include descriptions of any realized successes, and zip code data for unduplicated
participants. The quarterly Project Plan Status and Semi-Annual Outcomes Report shall be
submitted to City no later than the 15th day after the end of each quarter. If this obligation of
UNITED WAY falls due on a weekend or Federal holiday,then that obligation shall be due on the
next business day following such weekend day or Federal holiday.
5.3 UNITED WAY agrees that the Quarterly Financial Report and Project Plan Status and
Semi-Annual Outcomes Report will be submitted to City no later than the 151h day after the end of
each quarter. If this obligation of UNITED WAY falls due on a weekend or Federal holiday,then
that obligation shall be due on the next business day following such weekend day or Federal
holiday. Should UNITED WAY not be able to meet these requirements in a given quarter, the
UNITED WAY shall provide written notification prior to the deadline that details the expected
date of submission. If no notification is received before the 15th day, the City may document for
future corrective action. If, by the last day of the same month,UNITED WAY has not submitted
the required reports, City will send a non-compliance letter notifying UNITED WAY's duly
authorized representative of a possible suspension of program funding.
5.4 UNITED WAY agrees to complete a Corrective Action Plan("CAP")in the event of three
(3) consecutive quarters with incomplete or incorrect submissions of a financial report, Project
Plan Status, or Semi-Annual Outcomes Report. UNITED WAY agrees to complete a Corrective
Action Plan for recurring late submissions of a financial report, Project Plan Status, or Semi-
Annual Outcomes Report, or for failing to take corrective actions and responding to audit reports
by the City. The CAP will contain the identified issue found by the City,how UNITED WAY will
correct that issue,who the responsible person will be to ensure completion and a target completion
date. An example of this form is attached as Exhibit"G". Upon resolution of a corrective action
plan, UNITED WAY agrees to provide supporting documentation of completed items within 90
days.
5.5 The final Semi-Annual Outcomes Report,zip code spreadsheet,and Quarterly Project Plan
Status reports will be due 30 days after the end of the contract.
5.6 A representative of the program from UNITED WAY shall attend meetings of the City
Council or the Crime Control and Prevention District Board as requested.
6. DEFAULT AND TERMINATION
6.1 This Agreement is wholly conditioned upon the actual appropriation by City of Program
Funds from ARPA. All monies distributed to UNITED WAY hereunder shall be exclusively from
monies received from ARPA and appropriated for the purpose of funding this agreement, and not
from any other monies of City. In the event that funds from ARPA are not received prior to the
execution of this Agreement by the parties, in whole or in part, City may, at its sole discretion,
terminate this Agreement and City shall not be liable for payment for any work or services
performed by UNITED WAY under or in connection with this Agreement. In the event no funds
or insufficient funds are appropriated by the City in any fiscal year for any payments due
hereunder,City will notify UNITED WAY of such occurrence and this Agreement shall terminate
on the last day of the fiscal period for which appropriations were received without penalty of
expense to the City of any kind whatsoever, except as to the portions of payments herein agreed
upon for which funds have been appropriated.
6.2 Termination for Convenience. The City may terminate this Agreement at any time and
for any reason by providing the other party with thirty(30) days' written notice of termination.
6.3 In General. UNITED WAY acknowledges that,unless specifically provided otherwise in
this Agreement, UNITED WAY shall be in default if UNITED WAY breaches any term or
condition of this Agreement. In the event that such a breach remains uncured after 45 calendar
days following written notice by City (or such other longer notice period as may be specified
herein), or if UNITED WAY has diligently and continuously attempted to cure following receipt
of such written notice but reasonably required more than 45 calendar days to cure, as determined
by both Parties mutually and in good faith, City shall have the right to elect, in City's sole
discretion, to (i) extend UNITED WAY's, time to cure, (ii) terminate this Agreement effective
immediately upon written notice of such intent to UNITED WAY, or (iii)pursue any other legal
remedies available to City.
6.3.1 UNITED WAY acknowledges that City's remedies include but are not limited to:
6.3.1.1 Direct UNITED WAY, in City's sole discretion, to prepare and follow a
schedule of actions for carrying out the affected activities, consisting of
schedules, timetables and milestones necessary to implement the affected
activities.
6.3.1.2 Direct UNITED WAY, in City's sole discretion to establish and follow a
management plan that assigns responsibilities for carrying out the remedial
activities.
6.3.1.3 Cancel or revise activities likely to be affected by the performance
deficiency before expending ARPA Funds for the activities.
6.3.1.4 Reprogram ARPA Funds that have not yet been expended from affected
activities to other eligible activities or withhold ARPA Funds.
6.3.1.5 Direct UNITED WAY, in City's sole discretion to reimburse City in the
amount of ARPA Funds.
6.3.1.6 Suspend reimbursement of ARPA Funds for affected activities.
6.3.1.7 Any other appropriate action including but not limited to any remedial
action legally available such as declaratory judgment,specific performance,
damages, temporary or permanent injunctions, termination of this
Agreement, and any other available remedies.
6.3.2 UNITED WAY acknowledges that in the event of termination under this Section,
all ARPA Funds awarded but unpaid shall be immediately rescinded and UNITED
WAY shall have no further right to such funds and any ARPA Funds already paid
to UNITED WAY must be repaid by UNITED WAY to City, within 30 days of
termination. Failure to repay such ARPA Funds will result in City exercising
all legal remedies available to City under or pursuant to this Agreement.
6.4 No Funds Disbursed While in Breach. UNITED WAY acknowledges and agrees that
no ARPA Funds will be paid to UNITED WAY until all defaults are cured to City's satisfaction.
6.5 No Compensation After Date of Termination. UNITED WAY acknowledges that in the
event of termination,UNITED WAY shall not receive any ARPA Funds in compensation for work
undertaken after the date of termination.
6.6 Rights of City Not Affected. UNITED WAY acknowledges that termination shall not
affect or terminate any of the existing rights of City against UNITED WAY, or which may
thereafter accrue because of such default, and this section shall be in addition to any and all other
rights and remedies available to City under the law. Such termination does not terminate any
applicable provisions of this Agreement that have been noted as surviving the term or termination
of this Agreement. No delay or omission by City in exercising any right or remedy available to it
under this Agreement shall impair any such right or remedy or constitute a waiver or acquiescence
in any UNITED WAY default.
6.7 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a breach of any
term, covenant, or condition of this Agreement shall not operate as a waiver of any subsequent
breach of the same or any other term, covenant or condition hereof.
6.8 Civil, Criminal and Administrative Penalties. UNITED WAY acknowledges that
failure to perform all the Agreement terms or terms in the various loan documents may result in
civil, criminal or administrative penalties, including, but not limited to those set out in this
Agreement.
6.9 Termination for Cause.
6.9.1 UNITED WAY acknowledges that City may terminate this Agreement in the event
of default under this Agreement, inability or failure to perform, subject to notice, grace and cure
periods. In the event City terminates this Agreement for cause, all ARPA Funds awarded but
unpaid to UNITED WAY pursuant to this Agreement shall be immediately rescinded and UNITED
WAY shall have no further right to such funds and any ARPA Funds already paid to UNITED
WAY must be repaid to City by UNITED WAY within 30 calendar days of termination. Failure
to repay such ARPA Funds will result in City exercising all legal remedies available to City under
or pursuant to this Agreement. UNITED WAY acknowledges and agrees that IF CITY
TERMINATES THIS AGREEMENT FOR CAUSE,NEITHER UNITED WAY NOR ANY
AFFILIATES OF UNITED WAY SHALL BE CONSIDERED FOR ANY OTHER CITY
AGREEMENT FOR ARPA FUNDS FOR A MINIMUM OF 5 YEARS FROM THE DATE
OF TERMINATION.
6.9.2 UNITED WAY may terminate this Agreement if City does not provide the ARPA
Funds substantially in accordance with this Agreement. In such event, the termination of the
Agreement shall have the effect of returning the Parties to their respective circumstances as existed
prior to the execution of this Agreement, and no terms or obligations shall survive the date of
termination.
6.9.3 UNITED WAY acknowledges that in the event UNITED WAY is dissolved or
ceases to exist, this Agreement shall terminate. In such event, all ARPA funds are subject to
repayment to the City, and the City may exercise all of its remedies under this Agreement.
6.10 Notice of Termination. Termination will be effected by delivering to UNITED WAY a
notice of termination, specifying the portion of the Agreement affected and the effective date of
termination. Upon UNITED WAY's receipt of notice termination,UNITED WAY shall:
6.10.1 Stop work under the Agreement on the date and to the extent specified in the notice
of termination;
6.10.2 Place no further order or subcontracts, except as may be necessary for completion
of the work not terminated;
6.10.3 Terminate all orders and contracts to the extent that they relate to the performance
of the work terminated by the notice of termination; and
6.10.4 Cease expenditures of Program Funds, except as may be necessary for completion
of the work not terminated.
6.11 In the event City suspends or terminates this Agreement,UNITED WAY expressly waives
any and all rights to monetary damages, including but not limited to actual, consequential, and
punitive damages, court costs, and attorney fees.
6.12 Within thirty (30) days following the date of termination of this Agreement, UNITED
WAY shall return to City any property provided hereunder. City will have no responsibility or
liability for UNITED WAY expenditures or actions occurring after the effective date of
termination of the Agreement.
6.13 Any failure of UNITED WAY to comply with the terms of this Agreement may be
considered a default under this section.Upon default,the City,in its sole discretion,may terminate
the agreement immediately or otherwise suspend funding pending corrective action by UNITED
WAY, as determined by City in its sole and absolute discretion.
7. EQUIPMENT AND MAINTENANCE
All equipment purchased with Program Funds must meet all eligibility requirements of the
City.UNITED WAY shall maintain all equipment used in the administration and execution of the
Program. UNITED WAY shall maintain,replace, or repair any item of equipment used in support
of the Program, or for use under the terms of this Agreement that no longer functions or is lost or
stolen. The cost for maintenance, replacement or repair of any equipment used in support of
Program and/or for use under the terms of this Agreement is the sole responsibility of UNITED
WAY.UNITED WAY shall not use Program Funds to repair or replace said equipment. UNITED
WAY shall use any and all equipment purchased with Program Funds exclusively in support of
Program. Within 10 days following the purchase of equipment, UNITED WAY shall submit to
City a detailed inventory of all equipment purchased with Program Funds to the Supplemental
Funding Unit Section at the address set forth in paragraph 2.2 above. The equipment inventory
shall include an itemized description of each piece of equipment,the date each piece of equipment
was purchased,the cost of purchase for each piece of equipment, and the location of each piece of
equipment.
8. ADMINISTRATIVE REQUIREMENTS
8.1 Record Keeping.
UNITED WAY shall maintain a record-keeping system as part of its performance of this
Agreement and shall promptly provide City with copies of any document City deems necessary
for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically,
UNITED WAY will keep or cause to be kept an accurate record of all actions taken and all funds
spent,with supporting and back-up documentation. UNITED WAY will maintain all records and
documentation related to this Agreement for 5 years after the termination or expiration of the
Agreement ("Access Period"). If any claim, litigation, or audit is initiated related to this
Agreement or the Program before the expiration of the 5-year period,the records must be retained
until all such claims, litigation or audits have been resolved.
8.1.2 City will have full access to, and the right to examine, audit, excerpt and/or
transcribe any of UNITED WAY's records pertaining to all matters covered by this
Agreement throughout the Access Period. Such access shall be during regular
business hours and upon at least 48 hours'prior notice.
8.2 If any audit reveals a questioned practice or expenditure, such questions must be resolved
within fifteen(15)days after notice to UNITED WAY by City. If questions are not resolved within
this period, City reserves the right to withhold further funding under this and/or future
agreement(s)with UNITED WAY.
8.3 If, as a result of any audit, it is determined that UNITED WAY misused, misapplied or
misappropriated all or any part of the Program Funds, UNITED WAY agrees to reimburse City
the amount of such monies so misused, misapplied or misappropriated, plus the amount of any
sanction, penalty, or other charge levied against City because of such misuse, misapplication or
misappropriation.
8.4 UNITED WAY's obligation to City shall not end until all closeout requirements are
completed. The closeout requirements shall include,but are not limited to: providing final Project
Plan Status Report and Semi-Annual Outcomes Report,making final payments, and disposing of
Program assets as appropriate, if deemed required by the City in its sole discretion.
8.5 UNITED WAY covenants and agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed by UNITED WAY under this Agreement,
and City shall have access at all reasonable hours to offices and records of UNITED WAY, its
officers,members, agents, employees, and subcontractors for the purpose of such monitoring.
8.6 Throughout the term of this Agreement and for up to twelve months after its expiration,
the City may periodically request,and UNITED WAY will be required to provide,information for
the purposes of evaluating the overall effectiveness of the ARPA funding. Requested information
will consist solely of aggregated data without any personal identifiers. Further, any information
requested will not be used in a way that would violate local, state, or federal statutes,regulations,
or policies.
8.7 If UNITED WAY maintains the information the City is requesting, the UNITED WAY
shall provide the requested information to the City within 30 days of receipt of the request. If the
UNITED WAY does not maintain the requested information as of the date it receives the City's
request, the UNITED WAY shall begin collecting such information as of that date, shall provide
an initial response regarding that information within sixty days, and shall thereafter update that
information on request.
8.8 If necessary, an amendment may be brought forward to identify additional specific metrics
that UNITED WAY will be required to maintain and provide to the City to evaluate the
effectiveness of the Crime Control and Prevention District Funding.
8.9 Entities that Expend$750,000 or more in Federal Funds Per Year.
All non-federal entities that expend $750,000 or more in federal funds within 1 year,
regardless of the source of the federal award, must submit to City an annual audit prepared in
accordance with specific reference to 2 CFR Part 200.501 through Part 200.521. If applicable,the
audit shall cover UNITED WAY'S fiscal years during which this Agreement is in force. The audit
must be prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of its
completion. UNITED WAY'S audit certification is attached hereto as EXHIBIT "I" — "Audit
Certification Form" and"Audit Requirements". The Audit Certification Form must be submitted
to City prior to or with the first Reimbursement Request(Financial Report). Entities that expend
less than$750,000 a year in federal funds are exempt from federal audit requirements for that year,
but records must be available for review or audit by appropriate officials of the federal agency,
City, and General Accounting Office.
Section 8 shall survive the expiration or termination of this Agreement.
9. INDEPENDENT CONTRACTOR
9.1 UNITED WAY shall operate hereunder as an independent contractor and not as an officer,
agent, or servant or employee of City. UNITED WAY shall have exclusive control of, and the
exclusive right to control,the details of the work and services performed hereunder,and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
members,agents,servants,employees,subcontractors,program participants,licensees,or invitees.
The doctrine of respondent superior shall not apply as between City and UNITED WAY, its
officers, members, agents, servants, employees, subcontractors, program participants, licensees,
or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and UNITED WAY. No federal, state, or local income tax, nor any payroll tax of
any kind,shall be withheld or paid by City on behalf of UNITED WAY.UNITED WAY shall not
be treated as an employee with respect to the services performed pursuant to this Agreement for
federal or state tax purposes. It is expressly understood and agreed that officers,members, agents,
employees,subcontractors,licensees, or invitees of UNITED WAY,and any program participants
hereunder are not eligible for, and shall not participate in any employer pension, health, or other
fringe benefit plan provided by City. It is expressly understood and agreed that City does not have
the legal right to control the details of the tasks performed hereunder by UNITED WAY, its
officers,members,agents,employees,subcontractors,program participants,licensees,or invitees.
9.2 City shall in no way nor under any circumstances be responsible for any property belonging
to UNITED WAY,its officers,members,agents,employees,subcontractors,program participants,
licensees or invitees,which may be lost, stolen, destroyed, or in any way damaged.
10. Liability and Indemnification
UNITED WAY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY,
INCLUDING DEATH,TO ANY AND ALL PERSONS,OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OF OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF
UNITED WAY,ITS OFFICERS,AGENTS, SERVANTS, OR EMPLOYEES.
UNITED WAY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY HIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH)
THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASSIONED BY (I) UNITED
WAY BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT
OR(II)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF
UNITED WAY, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS(OTHER THAN THE CITY),OR SUBCONTRACTORS RELATED TO
THE PERFORMANCE FOR IN THIS SECTION SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT
AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
NOTHING HEREIN SHALL BE CONSTRUED AS WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
UNITED WAY shall require all of its subcontractors to include in their subcontractors a release
and indemnity in favor of City in substantially the same form as above.
This section shall survive the expiration or termination of this Agreement.
11. Non-Assignment
No assignment or delegation of duties under this Agreement by UNITED WAY shall be
effective without City's prior written approval.
12. Prohibition Against Interest
12.1 No member, officer, or employee of the City, or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities who exercises any functions or responsibilities with respect to the
Program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in
any contract or subcontract,or the proceeds thereof,for work to be performed hereunder.UNITED
WAY shall incorporate, or cause to be incorporated, like language prohibiting such interest, in all
UNITED WAY and subcontracts hereunder.
12.2 No officer, employee, member, or program participant of UNITED WAY shall have a
financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or be
financially interested, directly or indirectly, in the sale to UNITED WAY of any land, materials,
supplies,or sei vices purchased with any funds transferred hereunder,except on behalf of UNITED
WAY, as an officer, employee, member, or program participant. Any willful violation of this
paragraph with the knowledge,expressed or implied,of UNITED WAY or its subcontractors,shall
render this Agreement voidable by City of Fort Worth.
13. Nondiscrimination
13.1 In accordance with the federal, state, and local laws and ordinances, UNITED WAY
covenants that neither it nor any of its officers,members,agents,employees,program participants,
or subcontractors, while engaged in performing this Agreement shall in connection with the
employment, advancement, or discharge of employees, in connection with the terms, conditions
or privileges of their employment,discriminate against persons because of their age,except on the
basis of a bona fide occupational qualification,retirement plan, statutory requirement, or statutory
or ordinance exception.
13.2 UNITED WAY will not unlawfully discriminate against any person or persons because of
age, race, color, religion, sex, disability, national origin, or sexual orientation, nor will District
permit its officers,members,agents,employees,subcontractors,or program participants to engage
in such discrimination.
13.3 UNITED WAY shall verify identity and employment eligibility of its employees who
perform work under this Agreement, including completing the Employment Eligibility
Verification Form (1-9). Upon request by City, UNITED WAY shall provide City with copies of
all I-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. UNITED WAY shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by any
UNITED WAY employee who is not legally eligible to perform such services. UNITED WAY
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES,OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY UNITED
WAY, UNITED WAY'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to UNITED WAY, shall have the right to immediately
terminate this Agreement for violations of this provision by UNITED WAY.
14. Compliance
14.1 UNITED WAY, its officers, members, agents, employees, program participants, and
subcontractors, shall abide by and comply with all laws, federal, state and local, including all
ordinances, rules and regulations of City. If City, in writing, calls to the attention of UNITED
WAY any such violation on the part of UNITED WAY or any of its officers, members, agents,
employees, subcontractors or program participants,then UNITED WAY shall immediately desist
from and correct such violation.
14.2 UNITED WAY shall utilize Program Funds strictly for those purposes and goals intended
under the terms and conditions of this Agreement. If City calls the attention of UNITED WAY in
writing to any such violations on the part of UNITED WAY or any of its officers,members,agents,
employees,program participants or subcontractors,then UNITED WAY shall immediately desist
from and correct such violation.
15. Waiver of Immunity
If UNITED WAY is a charitable or non-profit organization and has or claims an immunity
or exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, UNITED WAY hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This section shall not be construed to
affect a governmental entity's immunities under constitutional, statutory, or common law.
16. Insurance Requirement
16.1 UNITED WAY shall procure and shall maintain during the term this Agreement the
following insurance coverage:
(a) Commercial General Liability (CGL),: $1,000,000 per occurrence, with a $2,000,000.00
annual aggregate limit, in a form that is acceptable to the City's Risk Manager.
(b) Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000 per
occurrence, with a $1,000,000 annual aggregate limit, in a form that is acceptable to the
City's Risk Manager.
(c) Automobile Liability: $1,000,000 each accident on a combined single limit basis OR split
limits are acceptable if limits are at least $250,000 Bodily Injury per person, $500,000
Bodily Injury per accident and$100,000 Property Damage.
(d) Any other insurance the City may reasonably require to protect the interest of the City.
16.2 UNITED WAY insurer(s) must be authorized to do business in the State of Texas for the
lines of insurance coverage provided and be currently rated in terms of financial strength and
solvency to the satisfaction of the City's Risk Manager.
16.3 Each insurance policy required herein shall be endorsed with a waiver of subrogation in
favor of the City. Each insurance policy required by this Agreement, except for policies of
worker's compensation or accident/medical insurance shall list the City as an additional insured.
City shall have the right to revise insurance coverage requirements under this Agreement.
16.4 UNITED WAY further agrees that it shall comply with the Worker's Compensation Act
of Texas and shall provide sufficient compensation insurance to protect UNITED WAY and City
from and against any and all Worker's Compensation claims arising from the work and services
provided under this Agreement.
17. MISCELLANEOUS PROVISIONS
17.1 The provisions of this Agreement are severable, and, if for any reason a clause, sentence,
paragraph, or other part of this Agreement shall be determined to be invalid by a court or Federal
or state agency, board, or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid provision.
17.2 City's failure to insist upon the performance of any term or provision of this Agreement or
to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any
extent of City's right to assert or rely upon any such term or right on any future occasion.
17.3 This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the
execution,performance,attempted performance or non-performance of this Agreement,venue for
said action shall lie in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division.
17.4 UNITED WAY represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion,resolution or action passed or taken, to enter into this Agreement
and to perform the responsibilities herein required.
17.5 This written instrument and exhibits attached hereto,which are incorporated by reference
and made a part of this Agreement for all purposes, constitute the entire agreement between the
parties concerning the work and services to be performed hereunder, and any prior or
contemporaneous,oral or written agreement which purports to vary from the terms hereof shall be
void. Any amendments to the terms of this Agreement must be in writing and must be signed by
authorized representatives of each party.
17.6 All notices required or permitted by this Agreement must be in writing and deemed
delivered on the earlier of the date actually received or the third day following (i) deposit in a
United States Postal Service post office or receptacle; (ii) with proper postage (certified mail,
return receipt requested); and(iii) addressed to the other party at the address as follows or at such
other address as the receiving party designates by proper notice to the sending party:
CITY: Fernando Costa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
Copies To: Supplemental Funding Manager
Fiscal Command
Bob Bolen Public Safety Complex
505 West Felix St.
Fort Worth,TX 76115
City Attorney's Office
Attn: Police Contracts
200 Texas Street
Fort Worth, TX 76102
UNITED WAY: Leah M. King,President and CEO
United Way of Tarrant County
1500 N Main St#200
Fort Worth,TX 76164
17.7 None of the performance rendered under this Agreement shall involve, and no portion of
the Program Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance, or administration of any sectarian or religious facility or activity, nor
shall said performance rendered or funds received be utilized so as to benefit,directly or indirectly,
any such sectarian or religious facility or activity.
17.8 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
17.9 The provisions and conditions of this Agreement are solely for the benefit of the City and
UNITED WAY and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
17.10 The parties acknowledge that each party and its counsel have reviewed this Agreement and
that the normal rules of construction to the effect that any ambiguities are to be resolved against
the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
17.11 UNITED WAY is required to conduct criminal background screenings for all volunteers
or employees who will be working with children under the proposed program. All criminal
background checks shall be in compliance with Texas Department of Family and Protective
Services standards, the Texas Administrative Code and all other applicable law. District will be
responsible for conducting criminal background screening and maintaining appropriate records,
which will be subject to review by the City. UNITED WAY SHALL INDEMNIFY CITY AND
HOLD HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY DISTRICT, DISTRICT'S EMPLOYEES,
SUBCONTRACTORS,AGENTS, OR LICENSEES.
17.12 The Agreement and the rights and obligations of the parties hereto shall be governed by,
and construed in accordance with the laws of the United States and state of Texas, exclusive of
conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court
of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be
governed by any state law other than Texas or venue in Tarrant County,City objects to such terms
and any such terms are hereby deleted from the Agreement and shall have no force or effect.
17.13 Nothing herein constitutes a waiver of City's sovereign immunity.
17.14 No Boycott of Israel. If UNITED WAY has fewer than 10 employees or the Agreement
is for less than $100,000, this section does not apply. UNITED WAY acknowledges that in
accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering
into a contract with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
Addendum,UNITED WAY certifies that UNITED WAY's signature provides written verification
to City that UNITED WAY: (1) does not boycott Israel; and(2)will not boycott Israel during the
term of the Agreement.
17.15 Prohibition on Boycotting Energy Companies. UNITED WAY acknowledges that in
accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that
has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company"
and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 13, §2. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
UNITED WAY certifies that UNITED WAY's signature provides written verification to the City
that UNITED WAY: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
17.16 Prohibition on Discrimination Against Firearm and Ammunition Industries.
UNITED WAY acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code,as added by Acts 2021,87th Leg.,R.S.,S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
UNITED WAY certifies that UNITED WAY'S signature provides written verification to the City
that UNITED WAY: (1)does not have a practice,policy, guidance,or directive that discriminates
against a firearm entity or firearm trade association; and(2)will not discriminate against a firearm
entity or firearm trade association during the term of this Agreement.
17.17 Compliance With All Applicable Laws and Regulations. UNITED WAY agrees to
comply fully with all applicable laws and regulations that are currently in effect or that are hereafter
amended during the term of this Agreement and throughout the Performance Period. Those laws
include, but are not limited to:
➢ 31 CFR Part 35 and Sections 603(c)(1)(A) and 603(c)(1)(C) of Title VI of the
Social Security Act
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
meaningful access by person of limited English proficiency
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990(42 U.S.C. Sections 12101 et seq.)
➢ Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards,2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006, (Pub.L. 109-
282,as amended by Section 6205(a)of Pub.L. 110-252 and Section 3 of Pub.L.
113-101)
➢ Federal Whistleblower Regulations, 10 U.S.C.2409,41 U.S.C.4712, 10 U.S.C.
2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
18. NON-DISCRIMINATION AND CONFLICTS OF INTEREST
18.1 General Statement. UNITED WAY, in the execution, performance or attempted
performance of this Agreement and in operation of services provided as part of the Program, shall
comply with all non-discrimination laws and ordinances. UNITED WAY may not discriminate
against any person because of race, color, sex, gender, religion, national origin, familial status,
disability or perceived disability, sexual orientation, gender identity, gender expression, or
transgender, nor will UNITED WAY permit its officers, members, agents, employees, vendors,
subcontractors or subrecipients, or project participants to engage in such discrimination.
UNITED WAY acknowledges that this Agreement is made and entered into with reference
specifically to the ordinances codified at Chapter 17, Article III, Division 3 — Employment
Practices of the City Code, and UNITED WAY hereby covenants and agrees that UNITED WAY
its officers,members,agents,employees,subcontractors,subrecipients,and contractors,have fully
complied with all provisions of same and that no employee,or applicant for employment has been
discriminated against under the terms of such ordinances by either or its officers,members,agents,
employees, contractors or vendors.
18.2 No Discrimination in Employment during the Performance of this Agreement.
UNITED WAY acknowledges that during the performance of this Agreement UNITED WAY will
require that its contractors, subcontractors, subrecipients, and vendors also comply with such
provision by including it or a substantially similar provision in all contracts with its contractors
and vendors:
[Contractor's, Subcontractor's or Vendor's Nanzel will not unlawfully discriminate
against any employee or applicants for employment because of race, color, sex, gender,
religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender. Contractor's,
Subcontractor's or Vendor's Name] will take affirmative action to ensure that applicants
are hired without regard to race,color,sex,gender,religion,national origin,familial status,
disability or perceived disability, sexual orientation, gender identity, gender expression or
transgender and that employees are treated fairly during employment without regard to
their race, color, sex, gender, religion, national origin, familial status, disability or
perceived disability, sexual orientation, gender identity, gender expression or transgender.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer,recruitment or recruitment advertising,layoff or termination,rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
Wontractor's, Subcontractor's or Vendor's Name]' agrees to post in conspicuous places,
available to employees and applicants for employment,notices setting forth the provisions
of this nondiscrimination clause.
[Contractor's, Subcontractor's or Vendor's Name] will, in all solicitations or
advertisements for employees placed by or on behalf of f Contractor's, Subcontractor's or
Vendor's Name] , state that all qualified applicants will receive consideration for
employment without regard to race, color, sex, gender, religion, national origin, familial
status, disability or perceived disability, sexual orientation, gender identity, gender
expression or transgender.
(Contractor's, Subcontractor's or Vendor's Name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, while engaged in performing this
Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age or because of any disability or perceived
disability, except on the basis of a bona fide occupational qualification,retirement plan or
statutory requirement.
[Contractor's, Subcontractor's or Vendor's Name]further covenants that neither it nor its
officers, members, agents, employees, contractors, or persons acting on their behalf, shall
specify, in solicitations or advertisements for employees to work on this Contract, a
maximum age limit for such employment unless the specified maximum age limit is based
upon a bona fide occupational qualification,retirement plan or statutory requirement.
18.3 UNITED WAY's Contractors and the ADA. UNITED WAY acknowledges that in
accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
UNITED WAY warrants that it will not unlawfully discriminate on the basis of disability in the
provision of services to the general public, nor in the availability, terms and/or conditions of
employment for applicants for employment with, or employees of UNITED WAY. UNITED
WAY WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY
OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING
DISABILITY AND WILL TO THE EXTENT PERMITTED BY APPLICABLE LAW,
DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR
ALLEGATIONS ASSERTED BY THIRD PARTIES, CONTRACTORS,
SUBCONTRACTORS, SUBRECIPIENTS' OR VENDORS AGAINST CITY ARISING
OUT OF ITS AND/OR ITS CONTRACTORS', SUBCONTRACTORS', VENDORS',
AGENTS' OR EMPLOYEES' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-
REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE
PERFORMANCE OF THIS AGREEMENT.
18.4 Conflict of Interest and Violations of Criminal Law.
18.4.1 UNITED WAY Safeguards. UNITED WAY shall establish safeguards to
prohibit its employees, board members, advisors and agents from using positions
for a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family,business or other ties. UNITED WAY shall disclose to City any conflict of
interest or potential conflict of interest described above, immediately upon
discovery of such.
18.4.2 General Prohibition Against Conflicts of Interest. UNITED WAY
acknowledges that no persons who is an employee, agent, consultant, officer or
elected official or appointed officials of City, or UNITED WAY who exercise or
have exercised any functions or responsibilities with respect to activities assisted
with ARPA funds or who are in a position to participate in a decision-making
process or gain inside information with regard to these activities may obtain a
financial interest or benefit from a ARPA-assisted activity, or have an interest in
any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have family or business
ties, during their tenure or for 1 year thereafter.
18.5 UNITED WAY shall establish conflict of interest policies for Federal Awards and shall
provide such policies in writing to City in accordance with the requirements of 2 CFR Part 200.112.
18.6 Disclosure of Conflicts of Interest.
UNITED WAY acknowledges that in compliance with 2 CFR Part 200.112, UNITED
WAY is required to timely disclose to City in writing any potential conflict of interest,as described
in this Section.
18.7 Disclosure of Texas Penal Code Violations.
UNITED WAY affirms that it will adhere to the provisions of the Texas Penal Code which
prohibits bribery and gifts to public servants.
18.8 Disclosure of Federal Criminal Law Violations.
UNITED WAY acknowledges that in compliance with 2 CFR Part 200.113, UNITED WAY is
required to timely disclose to City all violations of federal criminal law involving fraud, bribery
or gratuity violations potentially affecting this Agreement.
18.9 Subcontracting with Small and Minority Firms, Women's Business Enterprises and
Labor Surplus Areas.
UNITED WAY acknowledges and agrees to the following:
18.9.1 UNITED WAY acknowledges that for contracts $100,000.00 or larger, UNITED
WAY agrees to abide by City's policy to involve certified Business Equity Firms
and to provide them equal opportunity to compete for contracts for construction,
provision of professional services, purchase of equipment and supplies and
provision of other services required for the completion of the project, as stated
herein. For this Contract UNITED WAY and any subcontractors,subrecipients,or
contractors must comply with all federal Section 3 requirements. Additionally,
UNITED WAY and any subcontractors, subrecipients, or contractors must make
good faith efforts to work with the City of Fort Worth's Diversity and Inclusion
Department to ensure that Business Equity Firms certified with the City are
engaged to the extent possible for any covered contracts procured after the effective
date of this Agreement.
18.9.2 UNITED WAY acknowledges and agrees that it is national policy to award a fair
share of contracts to disadvantaged business enterprises ("DBEs"), small business
enterprises ("SBEs"), minority business enterprises ("MBEs"), and women's
business enterprises ("WBEs"). Accordingly, affirmative steps must be taken to
assure that DBEs, SBEs, MBEs, and WBEs are utilized when possible as sources
of supplies, equipment, construction and services.
18.10 Other Laws.UNITED WAY acknowledges and agrees that failure to list any federal,state
or City ordinance,law or regulation that is applicable to UNITED WAY does not excuse or relieve
UNITED WAY from the requirements or responsibilities in regard to following the law,nor from
the consequences or penalties for UNITED WAY' failure to follow the law, if applicable.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth,Tarrant County,Texas, to be effective the 1st day of December,2022.
[Executed effective as of the date signed by the Assistant City Manager below.] /[ACCEPTED
AND AGREED:]
City: UNITED WAY:
5�--rxj-- X'1'
By: By:
Name: Fernando Costa Name: Leah M. King
Title: Assistant City Manager Title: President and CEO
Date: Nov 30,2022 Date: November 29, 2022
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: SUPPLEMENTAL FUNDING MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
�• administration of this contract, including
By: RobehIklldre ge-MOV30,202213:19CST) ensuring all performance and reporting
Name: Robert Alldredge requirements.
Title: Executive Assistant Chief of Police
cJCv1.([//cJ�LCLlLItBH.
Approved as to Form and Legality: By:
Name: Sarah Shannon
Title: Supplemental Funding Manager
�Dl.GJ� o onnu
By:
P O�FORtada
Name: Taylor Paris City Secretary:
Title: Assistant City Attorney ./A'N�.11.fs
/ sc c .S. I�1 �LV ��n nA54p
By: Jannette S.Goodall(Dec 1,2022 08:49 CST)
Contract Authorization: Name: Jannette S. Goodall
M&C: 22-0793 Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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City of Fort Worth Police Department
American Rescue Plan Act Sub-Recipient Project Budget
UNITED WAY OR TARRANT COUNTY
OESGRIPTION/JUSTIFICATION QUANTITY QUANTITY MEASURE RATE YEAR1 YEAR2 YEARSTOTAL
REVENUE
Tarrant County ARPA Funds
-$642,045.00 -$642,045.00 -$642,045.00 r r
Total Revenue r. rr r, rr r• rr rr
A'SALARY -
Lead Agency Program Director 0.70 FTE $105,000.00 $105,000.00 $52,500.00 rr rr
Lead Agency Program Coordinator 1.40 FTE $105,GG0.00 $105,000.00 $52,500.00 r r r r
Grant Accountant 0.10 FTE $7,500.00 $7,500.00 $3,750.00 r rr
B.FRINGE
Fringe Benefits 0.25 Percent $S4,375.00 $54,375.00 $27.187.00 r r
C.TRAVEL&TRAINING
Data platform implementation and training UniteUs $50,000.00 $50,000.00
D.EQUIPMENT
E.SUPPLIES r rr
$6,000.00 $9,000.00
F.CONSULTING/CONTRACTING
Gun Violence Assessment
Comprehensive research and report that provides quantitative and qualitative summaries to
the needs and barriers to reducing youth gun violence,as well as identifying existing strengths $70,000.00 $50,000.00 $20,000.00 •r r r r r r
Contractors
TCU,Rutgers(previously selected by and working with FWPD),Cities United
Initiative Evaluation
A multi-year evaluation plan that guides the Initiative and measures progress against key $0.00 $55,000,00 $85,000,00 •r r r r r r
Indicators of violence reduction and community engagement.Conducted bya non-affiliated
thrid-a e..Cicero Social Impact,Cities United).
Program Implementation
Formulation of a strategic plan to mitigate the community's youth gun violence problem
utilizing the data from the assessment as the primary guide/roadmap Including City assessing,
peer network building,engaging leaders In areas most Impacted byviolence,raising
awareness,creation of multi-year plan,development of communication plan,alignment of
evidence-based practices,consensus on SMART goals surrounding education,
employment/workforce readiness,community engagement,family support,and crminal and $250,093.00 $192,093.00 $92,093.00 rr
juvenile Justice,development of integrated response strategy.Development ofsustainability
plan that Includes annual review and update of action plan(s),community feedback
mechanisms and community-wide governance structures.
Contractors
Steady State Impact Partners,Cities United
Intervention Team
Multi-agency team responsible for identifying and engaging youth,and developing
Individualized intervention plan(s)that coordinate with partnering agencies.Responsibilities of
partnering agencies include oversight of case management targets,identification of additional
prevention,Intervention and suppression activities needed In targeted areas.Eligible grantees $229,515.00 $147,742.00 $147,742.00 ••..
will be community-based nonprofit organizations in good standing with a track record for
success In providing effective youth services.They will be selected through an REP and/or REA
process administered by UWFC.Applications will be scored and evaluated by members
selected by area city council members;the logistics of the process will be managed by UWTC.
Outreach Workers
Community outreach and engagement teams whose primary responsibility Is to work directly
with program clients.Eligible grantees will be community-based nonprofit organizations in
good standing with a track record for success In providing effective youth services.They will $175,000.00 $175,000.00 $175,000.00 r r r r r
be selected through an RFP and/or REA process administered by UWTC.Applications will be
scored and evaluated by members selected by area city council members;the logistics of the
process will be managed by U WTC.
Steering Committee
Administrative body that serves as the primary decision-making body for the initiative by
overseeing and providing general direction on conducting an assessment of the gun violence
problem,and implementation/planning for the initiative.It should use the assessment as a
guide in formulating a strategic plan to mitigate the community's youth gun violence problem.
Steering Committee members will include:
-Individuals from upper-level management in key partnering agencies who can effect $113,325.00 $75,000.00 $43,397.00 rr
organizational change within their own agencies
-individuals with influence within the community,including residents,and representatives of
grassroots community groups,neighborhood associations,youth groups,religious
organizations,and advocacy groups
-Expenses managed by Program Director
-Legal and Compliance fees Included
G.SUB GRANTS
Prevention-tunaing service prowaers to create one-stop support center ano case
management for targeted youth,especially high-risk males ages 10-14 and their Immediate
family members,establishing teen zones at targeted partner agencies with an environment
and services focused on the targeted demographic Identified through assessment,tutoring,
mentoring and afterschool care programs among other strategies highlighted by assessment
Intervention-funding service providers focused on anger management/mental health
counseling,substance abuse treatment,job training and placement,education continuation
(GED,higher ed),mentoring,youth recruitment
Suppression-funding service providers that work closely with law enforcement to
track/report school attendance and grades,track project participation,expand neighborhood
watch teams in targeted areas,monitoring/engaging parolees,aggregate level data gathering,
analysis and sharing with Initiative partners,law enforcement,criminal justice partners $339,595.25 $339,594.30 $339,594.25
Reentry—funding service providers that providejob training and certification scholarships,
outreach team coordination prior to release
*Note:Funded partners are required to submit outcome measurement data,including an
outcome evaluation plan at the beginning of the grant period specifying data collection and
measurement methods,followed by outcome evaluation results.Partners applying for funding
from UWTC are required to submit financial and program data by the designated deadline.
Budget Information submitted to UWTC should account for all Income sources and
expenditures of the operating budget as
stipulated in UWTC's policies and procedures.
N.OCCUPANCY
INDIRECT
Indirect(R.6%) 0.086 Percent $5,g35,606.00 $501,609.00
Total Budget $4,411,079.80
hTotal Requested :i
FORT WORTH. Exhibit C
Financial Report
By Email: Submit To: Submitting Agency:
CPD_Grauts@fortworthtexas.gov Contact Name:
Phone Number:
Mail: Email:
Bob Bolen Public Safety Complex Remit Address:
Attn:Contract Compliance Specialist
Financial Management Division Invoice Number:
505 West Felix St. Month of Request:
Fort Worth,TX 76115
DIRECT COSTS(90%Minimum)
A B C D E
Total of Previous Month's
(B+C) (A-D)
Budget Category Budget Amount Expenses This
Report Total Requested Remaining Balance
Reported To-Date Available
A Personnel $ $ _
B Fringe Benefits $ $ _
C Travel&Training S S -
D Equipment S _ $ _
E Supplies $ $ -
F Contracts/Consultants $ $
flSub-Awards $ $
Occupancy $ _ $
Total Direct Costs $ S $ $ $
INDIRECT COSTS(10%Maximum)
A B C D E
Budget Category Budget Amount TolalofPrevious This lanth's
(B+C) (A-D)
Expenses
Request Total Requested Remaining Balance
Reported To-Date Available
Total LiDirect Costs $ $
Supporting documents required with monthly requests. Summary:
See Requestfor Reimbursement hrstructions for reference Total Budget: S
Previous Requests: $
This Request:
Total Requested To-Date S
Remaining Funds S
1 have reviewed this request and certify that these listed expenses and support documentation are accurate.
Authorized Signatory Signatory Title Date
Fiscal Agent Use Only
Purchase Order# Fund Depr.ID Accouni
RFR Approved Far Paywent
Grant Staff Signature Date
Finance Received Stamp Placed Below
Exhibit D - Quarterly Project Plan Status Report
Date:
Agency Name: UNITED WAY
Program/Project Title: One Second Collaborative
Reporting Period:
Contact Name: Email:
Program Goal: Reduce violent crime in targeted communities,improve capacity of community
&based organizations, suppress youth violence.
Outcome Completed and approved One Second Implementation Plan.
Objective 1
Activity progress during Unduplica
Agency reporting period ted Cumulative Activity
Activity Provide brief, bulleted Quarter (Year-to-
Date)Total Goal
explanations. Total
1)
2)
3)
Add rows as
needed.
Outcome Reduce teen shooting deaths by 5% annually as demonstrated by FWPD
Objective 2 crime data.
Activity progress during Unduplicated
reporting period Cumulative
Agency re p g p Activity
Quarter (Year-to-
Activity Provide brief, bulleted Date)Total Goal
explanations. Total
1)
2)
3)
Add rows as
needed.
Outcome Decrease violent crime in the City of Fort Worth by 10%in 12 months.
Objective 3
Activity progress during Unduplicated
reporting period Cumulative
Agency re p g p Activity
Quarter (Year-to-
Activity Provide brief, bulleted Date) Total Goal
explanations. Total
1)
2)
3)
Add rows as
needed.
Outcome
Objective 4 Sustain project successes beyond the project period.
Activity progress during Unduplicated
Agency reporting period Cumulative Activity
Quarter (Year-to-
Activity Provide brief, bulleted Date)Total Goal
explanations. Total
1)
2)
3)
Add rows as
needed.
Certification: I have reviewed the above financial and program requirements. I verify that the
enclosed report materials accurately reflect the status of the aforementioned program/project.
Name: Date:
Title:
Exhibit E-Semi-Annual Outcomes Report
Date:
Agency Name: UNITED WAY
Program/Project Title: One Second Collaborative
Fiscal Period: Reporting Period:
Contact Name: Email:
1. Report outcome measure data and respond to the questions below to provide more
detailed commentary on the implementation of the project. Complete the following
questions in a brief 2-3 pages narrative format.
Outcome This
Measure Outcome Description Reporting Cumulative Goal
Period
1
2
3
4
5
6
2. Describe major accomplishments achieved in implementing the project. Highlight
specific aspects of the project contributing to its success.
3. Describe any challenges (i.e. frustrations, barriers, disappointments) in implementing
the project and how they were addressed or resolved.
4. What has the project revealed about the organization's capacity to address the
identified goals outlined in the contract?
Certification: I have reviewed the above financial and program requirements. I verify that the
enclosed report materials accurately reflect the status of the aforementioned program/project.
Name: Date:
Title:
Exhibit F-REQUEST FOR BUDGET MODIFICATION
Fiscal Year XXXX
Date
Submitting Agency United Way
Contact Name
Phone Number and Email
Remit Address
DIRECT COSTS 90% minimum
Budget Category Approved Budget Change Requested Revised Budget
A. Personnel
B. Fringe Benefits
C. Travel and Training
D. Equipment
E. Supplies
F. Contracts/Consultants
G. Sub-Awards
H. Occupancy
Total Direct Costs
INDIRECT COSTS (10% maximum)
Approved Budget Chan a Requested Revised Budget
Modification Narrative describe in detail what change is for
I have reviewed this request and certify that the listed modifications are correct.
Authorized Signatory Signatory Title Date
FWPD STAFF USE ONLY
❑ Modification Approved ❑ Modification NOT Approved
FWPD Staff Signature Date
� p
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o I
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EXHIBIT H: PRIOR YEAR CORRECTIVE ACTION PLAN
No record of previous year Corrective Action Plan.
This page is left blank.
AT WORTH. Exhibit I
1 Disbursement Schedule Form
IQ
By Email: submit To: Submitting Agency:
CPD_Grants@fortworthtexas.gov Contact Name:
Mail: Phone Number:
Bob Bolen Public Safety Complex
Attn:Supplemental Funding Manager Email:
Financial Management Division
505 west Felix St. Remit Address:
Fort Worth,TX 76115
Invoice Number:
Month of Request:
Period Disbursement Disbursed Expenses Reported Percentage
Reported Planned Remaining
Quarter 1 $1,764,432.00
Quarter 2
Quarter 3
Annual $1,764,432.00
Quarter 1
Quarter 2
uarter 3
Annual
Quarter 1
Quarter 2 $882,216.00
Total $ - $ -
Remainin $ -
I have reviewed this request and certif},that these listed expenses and support documentation are accurate.
Authorized Signatory Signatory Title Date
Fiscal Agent Use Only
Amount of Disbursement Requested
Purchase Order# Fund Dept.ID Account
Approved For Payment
Staff Review Signature Date Supervisor Approval Date
EXHIBIT J—AUDIT CERTIFCATION FORM
This page is left blank.
M&C Review Page 1 of 4
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR
Create New From This M&C
DATE: 9/27/2022 REFERENCE M&C 22-0793 LOG NAME: 35ARPA ONE SECOND
NO.: COLLABORATIVE
NON- PUBLIC
CODE: G TYPE: CONSENT HEARING: NO
SUBJECT: (ALL)Authorize Execution of a Contract with the United Way of Tarrant County to
Implement the One Second Collaborative to Address Youth Gun Violence
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into an agreement with United Way of Tarrant County to
implement the One Second Collaborative to address youth gun violence.
DISCUSSION:
This Mayor and Council Communication (M&C) is to authorize a contract with United Way of Tarrant
County to use of up to $4,411,0800.00 of American Rescue Plan Act(ARPA) Subtitle M (Coronavirus
State and Local Fiscal Recovery Funds (SLFRF))funding to reduce gun violence in the City of Fort
Worth (City). ARPA Section 9901, Subsection 603(c)(1)(A) provides funding to improve the public
health of the City through gun violence intervention programs. Providing matching funds for eligible
joint projects with other agencies was also determined to be a qualified priority by City Management
for ARPA funding as approved by the City Council in Mayor& Council Communication (M&C) 21-0445
on June 22, 2021. ARPA funds must be committed by December 31, 2024 and spent by December
31, 2026.
In coordination with United Way of Tarrant County and Tarrant County, Fort Worth Police Department
(FWPD) proposes to establish the One Second Collaborative. The One Second Collaborative is a
joint effort to strategically and comprehensively disrupt gun violence among young adults and
teenagers in targeted zones across our community. The collective mental health of the community
has been significantly strained due to the COVID-19 pandemic. Shootings involving children and
teenagers have been on the rise in recent years. Experts say idleness caused by the COVID-19
pandemic shares the blame with easy access to guns and disputes that too often end with gunfire.
Our community has lost more than 100 young people of middle or high school age over the past six
years. Just last year, 29 young people ages 12 to 18 were shot and killed in Tarrant County, the most
in at least the last 10 years (Source: Star Telegram). Black teenagers are disproportionately shot and
killed in Tarrant County. Despite being only 18\% of the total county population, black teenagers make
up more than half of the shooting victims and deaths.
Together, FWPD, United Way of Tarrant County, the City of Fort Worth, Tarrant County and countless
additional stakeholders are coming together to address the escalating issue of youth gun violence.
The goal is to reduce youth gun violence based upon assessment data from TCU/Rutgers and input
from community.
Community leaders unite, acknowledge problem of gun violence and need to support FWPD in efforts
to address issues, launch One Second Collaborative, announce Steering Committee
1. Steering Committee forms, establishes agreed upon formal structure (law enforcement,
criminal justice, schools, social services, community-based groups, faith-based organizations,
affected members of community, local government all represented)
http://apps.cfwnet.org/council_packet/me_review.asp?ID=30346&councildate=9/27/2022 11/30/2022
M&C Review Page 2 of 4
a. Executive committee, oversight committee, implementation committee, evaluation
committee established
b. Governance policies adopted
c. Administrative structure developed and initiative partners identified
d. Steering Committee facilitator selected
e. MOUs drafted and executed among members
f. Define scope of work for research partner
g. Develop community involvement strategies to support initiative
h. Identify Lead Agency
i. Prepare, agree upon position description for Project Director
j. Select Intervention Team members
k. Ensure UniteUs case management platform is properly rolled out, training received for
all community partners to ensure consistency in tracking, reporting
2. Conduct community assessment to detail the nature and scope of the youth gang
problem leading to the identification of a target community or communities and population
(s).
a. TCU and Rutgers University conduct all research focused on gang activity and youth
gun violence
i. Demographic (who is involved in gang activity)
ii. Location (where are the hot spots)
iii. Identify current services and service gaps
iv. School data
v. Community perception (parents, community leaders, at-large community)
vi. Written report, community presentations of results
vii. Continuous problem assessment
viii. Monitor project performance
3. Steering Committee develops One Second Implementation Plan that outlines
a. Targeted Community
b. Targeted population for intervention, prevention, suppression
c. Types of youth gun violence and gang-related crime
d. Patterns of change in youth gun violence and gang incident rates
e. Locations of gang crime and shootings
f. Increases/decreases in numbers of gangs and gang members
g. Level of citizen concern about youth gun violence and gang activity
h. Community perceptions of youth gun violence and gang activity
i. Gang-related activity in schools
j. Changes in community demographics
k. Prioritization of most urgent issues to be addressed
4. Steering Committee develops administrative structure for management of
a. Research partners (responsibilities noted above)
b. Project Director (.7 FTE for 30 months) - responsibilities include day-to-day project
management, management of Steering Committee facilitator, coordination of funded
community-based agency partners, development of contracting protocols, developing
evidence-based program policies and procedures, management of Intervention Team,
coordinator of training/education about initiative to civic organizations, businesses,
schools, management of initiative partners/vendors (legal, training, outreach), annual
Single Audit
c. Lead agency - responsibilities include all administrative framework for hiring and
managing staff as directed by Steering Committee, securing UniteUs data management
and reporting platform, administering community partner grant funds and contracts,
monitoring and tracking partner activities (Program Coordinators 1.4 FTE for 30
months)
d. Intervention Team - responsibilities include oversight of case management targets,
identification of additional prevention, intervention and suppression activities needed in
targeted areas, coordinate with grant-funded community-based organizations who are
making referrals to the team
e. Initiative activities - development of community resource matrix
i. Prevention - funding service providers to create one-stop support center and
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M&C Review Page 3 of 4
case management for targeted youth, especially high-risk males ages 10-14 and
their immediate family members, establishing teen zones at targeted partner
agencies with an environment and services focused on the targeted demographic
identified through assessment, tutoring, mentoring and afterschool care
programs among other strategies highlighted by assessment - 21 prevention
program community grants funded over 30 months - $598,748
ii. Intervention - funding service providers focused on anger management/mental
health counseling, substance abuse treatment, job training and placement,
education continuation (GED, higher ed), mentoring, youth recruitment - 20
intervention ambassadors/community partners funded over 30 months -
$410,520
iii. Suppression - funding service providers that work closely with law enforcement
to track/report school attendance and grades, track project participation, expand
neighborhood watch teams in targeted areas, monitoring/engaging parolees,
aggregate level data gathering, analysis and sharing with initiative partners, law
enforcement, criminal justice partners - 25 suppression outreach coordinators
funded over 30 months - $477,773
iv. Reentry - funding service providers that provide job training and certification
scholarships, outreach team coordination prior to release, transportation
5. Steering Committee begins the process of One Second Collaborative program sustainment
a. Lead Agency staff to seek statewide partner opportunities that leverage state and
federal funding opportunities
b. Lead Agency and Collaborative partners seek local business support for internships,
intervention team members, outreach workers
c. Lead Agency organize and host routine sustainability planning sessions with grant-
funded partner agencies
Upon execution of the Agreement, the City will make available a payment in the amount of
$1,764,432.00 to United Way of Tarrant County from the City's ARPA SLFRF funds for expenses
related to eligible uses associated with the One Second Collaborative program. Following the receipt
of a 12-month report, a second payment of $1,764,432.00 from the City's ARPA funds for eligible
expenses associated with the program will be provided to United Way. Following a final 30-month
report a third payment of $882,216.00 will be provided for a total amount of $4,411,080.00. Tarrant
County has committed $1,930,000.00 in matching ARPA funds. The proposed program is expected to
take 30-months. .
FISCAL INFORMATIONXERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
appropriated, of the Grants Operating Federal Fund American Rescue Plan Act project, and that
upon approval of the above recommendation, funds will be available in the Grants Operating Federal
Fund for the One Second Collborative project. The Police and Financial Management Services
Departments shall be responsible for ensuring that only expenditures allowable under the American
Recovery Plan Act are charged to this funding source. This is an advance grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30346&councildate=9/27/2022 11/30/2022
M&C Review Page 4 of 4
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Neil Noakes (4212)
Additional Information Contact: Keith Morris (4243)
ATTACHMENTS
6. ARPA Funding Proposal to Reduce Gun Violence.pdf (Public)
ARPA fundinq availability at 7-27-22.png (CFW Internal)
Form 1295 City of FW 06.06.22.pdf (CFW Internal)
POLICE FID TABLE Edited.XLSX (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30346&councildate=9/27/2022 11/30/2022