HomeMy WebLinkAbout064856 - Construction-Related - Contract - Tarrant County Coalition for Peace and JusticeCity Secrectary Contract No:
CSC No. 64856
FUNDING AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
TARRANT COUNTY COALITION FOR PEACE AND JUSTICE
This Funding Agreement ("Agreement") is by and between the CITY OF FORT WORTH,
TEXAS ("City"), a municipal corporation, acting by and through its duly authorized City Manager, and
the TARRANT COUNTY COALITION FOR PEACE AND JUSTICE ("TCCPJ"), a Texas nonprofit
corporation, acting by and through Fred Rouse, III, its duly authorized President.
WHEREAS, the City has established a Community Partnership Fund, which aims to foster
community investment, improve local services, and address specific community needs with requests for
funds being evaluated on predetermined criteria, including alignment with the City's strategic vision and
priorities, impact on community well-being, feasibility, sustainability, and evidence of community
support;
WHEREAS, on December 11, 1921, Fred Rouse was lynched at the corner of NE 12th Street and
Samuels Avenue by a white mob;
WHEREAS, the Mr. Fred Rouse Memorial (the "Project"), will commemorate and honor the
only Black person to be documented as having been lynched in Fort Worth;
WHEREAS, the TCCPJ intends to construct the Project to serve as a place of remembrance and
rejoicing of Mr. Fred Rouse's life that ended in tragedy;
WHEREAS, the Fort Worth City Council (the "City Council"), by and through Mayor and
Council Communication 25-0746, authorized the grant of funds to the TCCPJ in the amount of
$232,377.00 as a one-time capital contribution to the TCCPJ for the purpose of funding a portion of the
Project specific to its construction at 1000 NE 12t' Street; and
WHEREAS, the City Council has found that the Project and the City's financial contribution, in
accordance with the adequate controls of this Agreement, support the public purpose of providing a place
with public access to honor, remember, and rejoice in Mr. Fred Rouse's life in the City.
NOW, THEREFORE, the parties hereby agree as follows:
1.
Incorporation of Recitals and Purpose
1.01 The City and TCCPJ hereby agree, that the recitals set forth above are true and correct and form
the basis upon which the parties have entered into this Agreement.
1.02 The purpose of this Agreement is to set forth the terms and conditions related to the City's
funding of the one-time capital contribution toward the Project.
2.
Funding
2.01 City agrees to fund the TCCPJ in a one-time amount up to $232,377.00 ("Funds") for necessary
and actual costs related to the Project as last dollars in for the construction of the Project. The anticipated
total cost necessary for the Project is $1,507,377.00
OFFICIAL RECORD
CITY SECRETARY
Funding Agreement with FT. WORTH TX
Tarrant County Coalition for Peace and Justice 1 of 6
2.02 The TCCPJ agrees that: (1) the remaining capital contributions of $1,275,000.00 needed to fully
fund the Project have already been committed by other organizations; and (2) the financial proforma,
attached hereto as Exhibit A, indicates full sustainability without the need for additional funding. The
TCCPJ agrees to fully cooperate with the City in verifying the above and shall submit any documentation
requested by the City.
2.03 The City shall not be obligated to pay any amounts that cannot be verified in accordance with this
Agreement.
2.04 The TCCPJ agrees to use its own funds, or funds committed from other sources, to pay for the
Project first and to use the City's contribution as the final portion related only to the construction of the
Project. The TCCPJ must maintain sufficient financial records to demonstrate the actual, verifiable, costs
for the Project and provide those records to the City, upon request, so that actual costs may be verified. If
the actual costs for the Project are less than anticipated, then the TCCPJ will refund the City
proportionately. By way of example only, if the Project costs $1,500,000.00 instead of the projected
$1,507,377.00, then after completion of the Project, the TCCPJ would owe the City a $7,377.00 refund of
its $232,377.00 capital contribution.
3.
Liability and Indemnification
3.01 The parties acknowledge that this Agreement is strictly intended to fund a portion of the costs for
the Project and that nothing herein shall be construed as creating a partnership, agency relationship, or
joint venture between the City and the TCCPJ. The TCCPJ shall be liable and responsible for any and all
property loss, property damage, and personal injury related to the TCCPJ, including, but not limited to,
the Project. In no event shall the City be liable in any manner to the TCCPJ or any other party as a result
of the acts or omissions of the TCCPJ, its agents, employees, representatives, directors, contractors,
invitees, or licensees
3.02 THE TCCPJ COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS,
REPRESENTATIVES, SERVANTS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY
AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY HIND OR
CHARACTER, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS OR
DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH,
THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY ANY ACT OR
OMISSION OF THE TCCPJ, ITS OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES,
CONTRACTORS, INVITEES, OR LICENSEES RELATED TO THIS AGREEMENT OR IN
ANY WAY RELATED TO THE PROJECT. THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLY TERMINATION OF THIS AGREEMENT.
4.
Force Majeure
4.01 If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due
to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections; riots; epidemics; pandemics; public health crises; earthquakes; fires; floods; restraints or
prohibitions by any court, board, department, commission, or agency of the United States or of any state;
declaration of a state of disaster or of emergency by the federal, state, county, or City government in
accordance with applicable law; any arrests and restraints; civil disturbances; or explosions; or some other
Funding Agreement with
Tarrant County Coalition for Peace and Justice 2 of 6
reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of the Force
Majeure Event.
5.
Right to Audit
5.01 The TCCPJ agrees that the City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of the TCCPJ involving transactions relating to this
Agreement during the term of this Agreement and for three (3) years thereafter. The TCCPJ agrees that
the City shall have access during normal working hours to all necessary TCCPJ facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give the TCCPJ reasonable advance notice of intended audits.
5.02 The TCCPJ further agrees to include in all of its subcontractor agreements hereunder a provision
to the effect that the subcontractor agrees that the City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of such subcontractor involving transactions to
the subcontract for the term of this Agreement and for three (3) years thereafter, and further that City shall
have access during normal working hours to all subcontractor facilities and shall be provided adequate
and appropriate workspace in order to conduct audits in compliance with the provisions of this section.
City shall give subcontractor reasonable advance notice of intended audits.
5.03 This section shall survive the expiration or termination of this Agreement.
6.
Notices
6.01 All notices required or permitted under this Agreement shall be conclusively determined to have
been delivered when (i) hand -delivered to the other party, its agent, employee, servant, or representative,
or (ii) received by the other party by reliable overnight courier or United States Mail, postage prepaid,
return receipt requested, at the address stated below or to such other address as one party may from time
to time notify the other in writing.
To THE CITY: To the TCCPJ:
City Manager's Office
City of Fort Worth Tarrant County Coalition for Peace and Justice
100 Fort Worth Trail 2232 Irwin St
Fort Worth, Texas 76102 Fort Worth, Texas 76110
With a copy to:
City Attorney
at the same address
7.
Compliance
Funding Agreement with
Tarrant County Coalition for Peace and Justice 3 of 6
7.01 The TCCPJ shall comply with all Federal, State and City statutes, ordinances and regulations
applicable under this Agreement and for the Project.
8.
Amendments and Waiver
8.01 No alteration, change, modification or amendment of the terms of this Agreement shall be valid
or effective unless made in writing and signed by both parties hereto and approved by appropriate action
of the City.
8.02 No waiver of performance by either party shall be construed as or operate as a waiver of any
subsequent default of any terms, covenants, and conditions of this Agreement. The payment or
acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance
of defective performance.
9.
Governing Law and Venue
9.01 If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such 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. This Agreement
shall be construed in accordance with the laws of the State of Texas.
10.
Successors and Assigns
10.01 Neither party hereto shall assignor transfer its interest herein without prior written consent of the
other party and any attempted assignment or transfer of all or any part hereof without such prior written
consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and the
TCCPJ and its respective successors and permitted assigns.
11.
No Third -Party Beneficiaries
11.01 The provisions and conditions of this Agreement are solely for the benefit of City and the TCCPJ,
and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
12.
Severability and Captions
12.01 If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
12.02 Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
13.
Contract Construction
Funding Agreement with
Tarrant County Coalition for Peace and Justice 4 of 6
13.01 The parties acknowledge that each party and, if it so chooses, its counsel has reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
14.
Fiscal Funding Out
14.01 If, for any reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate
this Agreement to be effective on the later of (i) thirty (30) days following delivery by City to the TCCPJ
of written notice of City's intention to terminate or (ii) the last date for which funding has been
appropriated by the City Council for the purposes set forth in this Agreement.
15.
Counterparts and Electronic Signatures
15.01 This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
16.
Signature Authority
16.01 The person signing this Agreement hereby warrants that he or she has the legal authority to
execute this Agreement on behalf of his or her respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully
entitled to rely on this warranty and representation in entering into this Agreement.
17.
Entire Agreement
17.01 This writing embodies the entire agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to the subject matter
hereof that are not merged herein and superseded hereby.
Funding Agreement with
Tarrant County Coalition for Peace and Justice 5 of 6
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
CITY:
By:
Name:
Title:
Date:
Jay Chapa (Mar 9, 2026 16:03:10 CDT)
Jesus "Jay" Chapa
City Manager
03/09/2026
THE TCCPJ:
By: A&4� ix�
Name: Fred Rous III
Title: President
Date: 3/6/2026
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approved as to Form and Legality:
By:
Name: Denis McElroy
Title: Assistant City Attorney
Contract Authorization:
M&C No.: 25-0746
M&C Date: 08/26/2025
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: AVALL04,rf.
Name: Aril ose Escamilla, PE
Title: Sr. Capital Projects Officer
City Secretary:
By:
Name:
Title:
Funding Agreement with
Tarrant County Coalition for Peace and Justice 6 of 6
A � � �oRt�O9p10
�o
Pv8 o=d
aaap�nEXP5a4p
Jannette S. Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHBIT A
Financial Proforma
EXHIBIT A
Financial Proforma
FRED ROUSE MEMORIAL CONSTRUCTION BUDGET
The total project cost is $1,507,377. The City's one-time contribution of $232,377, combined with TCCPJ's
existing funds of $1,275,000, is sufficient to cover all costs. No further external funding is required.
INCOME
Mellon Foundation (received)
Episcopal Diocese (received)
City of Fort Worth (committed)
TOTAL INCOME
EXPENSE
Concrete + Walls + Fence
Site Paving
Planting Landscape
Lighting
Signage
Other Materials
10% inflation adjustment for construction costs
10% contingency for construction costs
Amount
$1,225,000
$50,000
$232,377
$1,507,377
Amount l
$597,726
$223,594
$99,674
$108,397
$102,213
$124,543
$125,615
$125,615
TOTAL CONSTRUCTION COSTS $1,507,377
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Tarrant County Coalition for Peace and Justice
Subject of the Agreement: Mr Fred Rouse Memorial
M&C Approved by the Council? * Yes ❑✓ No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑✓ No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
1295 Form birth date and address (this PDF Page 10)
Effective Date:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes ❑✓ No ❑
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
106414
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2025-1350183
Tarrant County Coalition for Peace and Justice
Fort Worth, TX United States
Date Filed:
08/14/2025
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Fort Worth
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
03MR FRED ROUSE MEMORIAL PARTNERSHIP FUND
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party. ❑
X
6
UNSWORN DECLARATION
My name is _Fred Rouse, III and my date of birth is
My address is _1707 Fern Dr. _Mansfield _TX_, 76063 , _USA_
(city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in _Tarrant County, State of _TX on the _14_day of _August_, 2025
(month) (year)
Signatu a of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.f10d0fd8
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/26/25 M&C FILE NUMBER: M&C 25-0746
LOG NAME: 03MR FRED ROUSE MEMORIAL PARTNERSHIP FUND
SUBJECT
(CD9) Authorize Future Community Partnerships Fund Contribution to Tarrant County Coalition for Peace and Justice in the Amount Up to
$232,377.00 as a One -Time Capital Contribution to Support the Construction of the Mr. Fred Rouse Memorial at 1000 NE 12th St Fort Worth,
Texas 76102, Find that the Contribution Serves a Public Purpose and that Adequate Controls are in Place, Adopt Appropriation Ordinance, and
Amend the Fiscal Years 2025-2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a contribution to the Tarrant County Coalition for Peace and Justice to pay for 15% of the project cost in the amount up to
$232,377.00 as a one-time capital contribution to support the construction of the Mr. Fred Rouse Memorial at 1000 NE 12th Street Fort
Worth, Texas 76102;
2. Find that the contribution serves a public purpose of honoring Mr. Fred Rouse who was lynched at the corner of NE 12th Street and Samuels
Avenue by a white mob and providing a place of remembrance and rejoicing Mr. Rouse's life, and that adequate controls are in place in the
form of a funding agreement that ensures the public purpose is carried out;
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by
increasing receipts and appropriations in the Mr Fred Rouse Memorial project (City Project No. 106414) in the amount of $232,377.00 and
decreasing receipts and appropriations in the Future Community Partnerships programmable project (City Project No. P00047) by the same
amount to fund a one-time capital contribution to support the construction of the Mr. Fred Rouse Memorial; and
4. Amend the Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize use of previously appropriated Future Community Partnership for
use as a contribution to the Tarrant County Coalition for Peace and Justice (TCCPJ) for construction of the Mr. Fred Rouse Memorial at 1000 NE
12th Street Fort Worth, Texas 76102.
On April 1, 2024, the City of Fort Worth received a funding request for future community partnership funds from TCCPJ for construction of the Mr.
Fred Rouse Memorial at 1000 NE 12th Street Fort Worth, Texas 76102. An updated Opinion of Probable Construction Cost (OPCC) and
construction schedule was submitted on June 16, 2025. TCCPJ provided a detailed funding schedule demonstrating at total of 85% of the OPCC
would be provided from community organizations fundraising.
On December 11, 1921, Fred Rouse was lynched at the corner of NE 12th Street and Samuels Avenue by a white mob. The Mr. Fred Rouse
Memorial will honor the only documented Black person to be lynched in Fort Worth, serving as a place of remembrance and rejoicing Mr. Fred
Rouse's life that ended in tragedy. TCCPJ will merge with Transform 1012 in the first quarter of 2026 and will provide maintenance and ongoing
operational costs for the Mr. Fred Rouse Memorial. TCCPJ will initially own the Mr. Fred Rouse Memorial and upon merger, the memorial will be
owned by Transform 1012. TCCPJ has committed that the Mr. Fred Rouse Memorial will have public access, and will not request any subsidy for
operation or maintenance of the memorial.
The City's contribution in the amount up to $232,377.00 will be subject to verification that TCCPJ has successfully:
1. Documented that the remaining amount of contributions needed to fund the Mr. Fred Rouse Memorial construction has been received or
committed by other organizations, and all funds necessary to complete the project are escrowed solely for the project;
2. Submitted a financial pro forma indicating full operational sustainability without the need for additional funding; and
3. The contribution will be further conditioned on the execution of a funding agreement to ensure the public purpose is carried out.
The construction of the memorial will further the public purpose of providing a place with public access to honor, remember, and rejoice Mr. Fred
Rouse's life.
The funding for this contribution is available in the Future Community Partnerships Programmable project within the General Capital Projects Fund
to fulfill the City's commitment to assist in the construction of the Mr. Fred Rouse Memorial project. Funding for the Mr. Fred Rouse Memorial will be
as follows:
FY2025 Remaining Balance
Authority
Budget Adjustment
FY2025 Remaining Balance
Future
Community
$1,004,620.50
This M&C
($232,377.00)
$772,243.50
Partnerships
P00047
Mr Fred Rouse
Memorial (Project
$0.00
This M&C
$232,377.00
$232,377.00
No. 106414)
The action in this M&C will amend the FY2025-2029 Capital Improvement Plan as approved in connection with Ordinance 27107-09-2024.
This Project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Future Community Partnerships programmable project within the General
Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be
available in the General Capital Projects Fund for the Mr Fred Rouse Memorial project. Prior to an expenditure being incurred, the FWLab has
the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by- Dianna Giordano 7783
Originating Business Unit Head: Christianne Simmons 6222
Additional Information Contact: April Rose Escamilla 7371
Expedited