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HomeMy WebLinkAboutContract 34251CITY 3ECRETARY�I CONTRACT NO. _. AGREEMENT FOR IMPLEMENTATION OF COMMUNITY PROSECUTOR PROGRAM This agreement ("Agreement") is made and entered into between the City of Fort Worth, a home rule municipal corporation of the State of Texas ("City"), acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and the Near Southeast Community Development Corporation ("NSCDC"), a not -for -profit corporation organized under the laws of the State of Texas, and a legally constituted tax-exempt entity under the provisions of Section 501(c)(3) of the Internal Revenue Code. RECITALS A. NSCDC has received funding under the United States Department of Justice Weed and Seed Program, in the amount of One Hundred Seventy -Five Thousand and No/100 Dollars ($175,000) for the period from August 1, 2006 through December 31, 2006, subject to extension if the same is obtained from the Department of Justice (the "Weed and Seed Grant"). B. The Weed and Seed Grant recognizes and creates a Near Southeast Weed and Seed target area (the "Target Area") which encompasses the area between I-35W on the West, South Riverside Drive on the East, East Lancaster Avenue on the North, and East Berry Street on the South. The Target Area is divided into four (4) zones as shown on Exhibit "A" attached to this Agreement. C. The Weed and Seed Grant involves law enforcement efforts which focus on targeting prosecution and illegal drug use within the Target Area. In addition to community policing goals including educating and informing residents of the strategies being implemented in the Target Area to combat crime, the Weed and Seed Grant contemplates the creation of a Community Prosecutor Program to be implemented within the Target Area. D. NSCDC has agreed to underwrite a portion of the cost of the Community Prosecutor Program from the Weed and Seed Grant, and the City has agreed to make personnel available and to provide additional funding for such program, all upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein expressed, the parties agree as follows: AGREEMENT 1. Creation and Administration City agrees to establish a Community Prosecutor Program within the Target Area, pursuant to the terms and conditions set forth herein. R�(n 9 A. The Community Prosecutor Program (the "Program") shall be conducted on a schedule and at locations as determined by City. The Program shall be operated by City and shall be based at the Municipal Courts Building and a site within the Target Area, to be located at the Hillside Community Center ("Target Area Site"). B. The City shall be responsible for the day-to-day administration of the Program and the selection of all personnel necessary for the effective operation of the Program. The City shall determine which City personnel shall be assigned to the Program, but it is anticipated that Program staffing will include two (2) Prosecutors, to be supervised by the City Attorney, and a Code Compliance Officer (the "CCO"), supervised by the Code Compliance Director, whose full time efforts will be directed within the Target Area. One of the two Prosecutors so assigned shall be designated the "Community Prosecutor" and shall divide his or her time between an office at the Municipal Courts Building and an office in the Target Area Site. Such Community Prosecutor will maintain office hours in the Target Area Site, as determined by the City Attorney. Any such attorney so assigned shall possess the necessary qualifications and skill sets to perform the required duties. The second Prosecutor shall be designated as a "Special Prosecutor". The Special Prosecutor shall have prior felony grade experience as a prosecutor, and the authority to file criminal cases in county criminal courts, subject to the Tarrant County District Attorney's written approval. The Special Prosecutor will liaise with the chief of the pre-trial division in the Tarrant County District Attorney's Office, and will coordinate with such officer in providing relevant sentencing and other information on cases of interest within the Target Area. The Special Prosecutor may also be designated as a prosecutor on select cases where such Special Prosecutor's expertise will be of benefit to the prosecution. The Special Prosecutor will be housed in the Municipal Courts Building, and subject to direction by the City Attorney, will coordinate with the Community Prosecutor and other City departments at the Target Area Site. In addition to the Code Compliance Officer to be assigned exclusively to the Target Area, the City's Chief of Police shall designate one of five (5) neighborhood police officers currently assigned to the Target Area as the police coordinator for the Target Area. Such officer shall be designated "the Neighborhood Police Officer" or "NPO", and shall work with the Community Prosecutor and the Special Prosecutor in furtherance of the goals of the Program. It is anticipated that the CCO will devote his or her full time to the enforcement of applicable provisions of the City Code of Fort Worth within the Target Area, and that the CCO will coordinate with the NPO and the Community Prosecutor in connection with such enforcement. The City specifically acknowledges that the CCO is not intended to supplant existing code enforcement staff already assigned to the Target Area. The City may reassign City personnel as the City deems necessary for its purposes, and for the effective and efficient operation of the Program. City agrees to provide NSCDC reports of Program activity in a format and on a schedule to be agreed between the parties. C. The City Manager or his designee, the City Attorney, or his designee, and the NSCDC Executive Director shall meet four (4) times a year, on a quarterly basis, to discuss the operation of the Program. City agrees to coordinate with NSCDC to arrange the time, location, and dates of such meetings, which shall generally be held on or about the first day of September, n. -2- `v � l� V� %-- li` MI ` ��."C;%, oULL-As December, March, and June of each year. Additionally, the Community Prosecutor and the Special Prosecutor will provide additional reporting as required in this Paragraph. Both Prosecutors shall work closely with and give public monthly reports to the Weed and Seed Steering Committee for the Target Area. Both Prosecutors shall make their best efforts to attend the monthly meetings of the Weed and Seed Steering Committee. Additionally, the parties contemplate that a Special Oversight Committee (herein so called) shall be formed, comprised of the United States Attorney for the Northern District of Texas or his designee, Tarrant County Commissioner Roy Brooks, Fort Worth Mayor Pro Tern Kathleen Hicks, the Tarrant County District Attorney or his designee, and the Fort Worth City Attorney or his designee. The Special Oversight Committee will meet on a quarterly basis or as often as practicable for a briefing on the progress of the Program to be given by the Community Prosecutor and the Special Prosecutor, the Code Compliance Officer assigned to the Target Area and the Code Compliance Department, the NPO assigned to the Target Area and the Police Department, and the City Attorney's Office. Unless otherwise required by state law, meetings of the Special Oversight Committee shall not be open to public attendance. D. Both the City and NSCDC shall designate a representative for contractual issues related to this Agreement. The initial representative of the City shall be Joe Paniagua. The initial representative of the NSCDC shall be Shirley Lewis. 2. General Outline of Responsibilities of Community and Special Prosecutors The Community Prosecutor and Special Prosecutor will perform the following duties if, in the City's sole discretion, the City determines the duties necessary to the operation of the Program: A. Attend the meetings of community organizations to familiarize community members with the Program, and to develop and distribute a survey of public safety and quality of life problems. B. Evaluate data from problem identification surveys and formulate a priority list for addressing such problems. C. Meet with community members, law enforcement, and agency representatives at regular sessions of community groups, or at discussion sessions organized by the Community Prosecutor. The Community Prosecutor, NPO , the CCO, and other City agency staff will meet with community groups to present survey results and solicit citizen ideas for ultimate strategies to address the problems identified in the survey. D. The Community Prosecutor will work with the NPO, the Code Compliance Officer and community members and community organizations within the Target Area to focus resources to solve the most significant and pressing problems identified in such surveys. Resources that may be called upon by the Community Prosecutor include: -3- (i) the City Attorney's Office; (ii) the Fort Worth Police Department; (iii) the Municipal Courts of Fort Worth; (iv) Probation and Parole Departments; (v) schools; (vi) churches; (vii) neighborhood associations; (viii) business associations; (ix) neighborhood watch organizations; (x) healthcare providers; (xi) service organizations; (xii) fire departments. E. In working with law enforcement, code compliance, and the community to craft solutions, the Community and Special Prosecutors will rely upon: (i) criminal prosecution: felony, misdemeanor and infraction; (ii) civil prosecution; (iii) probation and parole violations; (iv) informal meetings; (v) mediation; (vi) citizen mobilization; (vii) commercial intervention; (viii) local legislative process; (ix) juvenile prosecution; (x) community action; and (xi) landlord training. F. Attend regular meetings of public and private organizations and neighborhood and business associations in the Target Area. G. Monitor the filing and prosecution of significant "impact cases" affecting the Target Area. H. Familiarize community members with the criminal justice process. I. Advise NPO concerning legal issues that arise in the course of investigations, arrests, and searches in cases involving community problems. J. Consult with NPO, the CCO, City personnel, and community members to devise strategies to eliminate community problems. K. Periodically distribute surveys to evaluate the success of the Program. -4-{QQ{��w�SS!'l Ir11Slf�jjf�'C 3. Funding A. Subject to the terms set out in this Section 3, "Eligible Expenses" shall include collectively all staffing costs associated with the Program, and supplies and other equipment necessary for the execution of the Program. The estimated salary and benefits for personnel directly assigned to the Program is attached hereto, marked Exhibit "B", and is incorporated herein for all purposes. The positions include up to two (2) prosecutors and one (1) code enforcement officer. Indirect costs incurred by the City shall not be Eligible Expenses and NSCDC shall not be responsible for such indirect costs. B. City shall submit an invoice to NSCDC on or before the tenth (loth) business day of each month for Eligible Expenses incurred by the City for the previous month. City shall notify NSCDC in writing of any necessary unbudgeted items prior to expenditure therefor by the City. NSCDC shall submit full payment as indicated on each invoice within thirty (30) days of receipt of the invoice. In the event NSCDC disputes any invoice or a portion thereof, NSCDC shall notify City in writing within ten (10) days of receipt of such invoice, specifying any contested charges. Within ten (10) business days of City's receipt of NSCDC's objection, City will respond with additional information. If, after receipt of additional information, any charges remain in dispute, the City Manager or his designee, and the NSCDC Executive Director or her designee shall meet to resolve any such contested charges. Failure of the parties to reach resolution of disputed charges shall be grounds for termination of this Agreement as set forth below. C. The parties acknowledge that the funding commitment of NSCDC to the Program contemplated by this Agreement is limited to One Hundred Thousand and No/100 Dollars ($100,000) ("Grant Funds"). Additional funds for the Program are expected to be provided by the City in the amount of One Hundred Sixty Thousand and No/100 Dollars ($160,000). 4. Term The term of this Agreement is for a period beginning on September 1, 2006, and ending on December 31, 2006, subject to extension through September 30, 2007, if the same is obtained from the Department of Justice and if such agreement and terms of any extension are agreed to in writing by the City. -5- 5. Condition of Funding It is expressly understood and agreed by and between the parties hereto that this Agreement is wholly conditioned upon the actual receipt by NSCDC of funds from the U. S. Department of Justice Weed and Seed Program, and that if such funds from the U. S. Department of Justice Weed and Seed Program are not timely forthcoming, in whole or in part, NSCDC may, at its sole discretion, terminate this Agreement. 6. Termination/Breach A. This Agreement may be terminated by either party hereto, in whole or in part, at any time and for any reason, upon written notice to the other party. Such written notice shall specify to what extent the work under the Agreement is being terminated and the effective date of the termination. Within thirty (30) days after the effective date of such termination, City shall forward to NSCDC a final invoice for the appropriately prorated unpaid balance hereunder for services rendered and NSCDC shall remit payment in full within sixty (60) days after the date of such invoice. B. NSCDC and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms and provisions of this Agreement, each party shall provide written notice to the other as soon as reasonably possible after the non -breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed fifteen (15) days, the non -breaching party shall have the right to declare this agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 7. Access to Records City covenants and agrees to fully cooperate with NSCDC in monitoring the effectiveness of the services and work to be performed by City and its employees under this Agreement, and NSCDC shall have access at all reasonable hours to offices and records of the City, its officers, agents and employees for the purpose of such monitoring, such access being subject to the limitations and requirements under the Texas Public Information Act. 8. Independent Relationship City shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of NSCDC. City shall be solely responsible for the acts and omissions of its officers, agents, servants, and employees. Neither City nor NSCDC shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of the officers, agents, servants or employees of the other. 9. Liabilitv for Propertv NSCDC shall in no way nor under any circumstances be responsible for any property belonging to City, its officers, agents, employees, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 10. Nondiscrimination A. NSCDC and City covenant that neither of them nor any of their officers, agents, employees or program participants, while engaged in performing this Agreement 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, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. B. NSCDC and City, in the execution, performance or attempted performance of this Agreement, will not discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will either party permit its agents, employees or program participants to engage in such discrimination. 11. Provisions Severable 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. 12. Performance The failure of NSCDC or City 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 NSCDC's or City's right to assert or rely upon any such term or right on any future occasion. -7- 13. Venue 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 Tarrant County, Texas. 14. Authorization The governing bodies of NSCDC and City have approved the execution of this Agreement, and the persons signing the Agreement have been duly authorized by the governing bodies of the NSCDC and City to sign this Agreement on behalf of the governing bodies. 15. Integration This written instrument constitutes the entire agreement by the parties hereto 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. 16. Notices Notices to NSCDC shall be deemed given when delivered in person to the Executive Director of NSCDC, or the next business day after the mailing of said notice addressed to said District by United States mail, certified or registered mail, return receipt requested, and postage paid at 1233 East Terrell, Fort Worth, Texas 76104. Notices to City shall be deemed given when delivered in person to Joe Paniagua, or the next business day after the mailing of said notice addressed to said City by United States mail, certified or registered mail, return receipt requested, and postage paid at 1000 Throckmorton, Fort Worth, Texas 76102. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] IN WITNESS WHEREOF, the partiesPereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, this 0 day of October, A.D. 2006. ATTEST: CITY OF FORT WORT By: City Secretaryb Name: ` 4, s Title: ATTEST: NEAR SOUTHEAST COMMUNITY DEVELOPMENT CORPORA ON By: !/v Shirley L wis EXecutivAirector LINDA LOYD CAMERON = Notary Public, State of Texas My Commission Expires December20,2006 APPROVED AS TO , F RM AND LEGALITY: F:\JSBDATA\Near SE Dev\Agreement.redline092106.doc ASSISTANT'/CITY ATTORNEY 0'_ar__1N11L0 _. 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Approve execution of a contract with Near Southeast Community Development Corporation (NSCDC) for implementation of a Community Prosecutor Program; 2. Authorize the City Manager to accept $100,000.00 from the NSCDC for the Community Prosecutor Program; 3. Authorize the transfer of $160,000.00 from the Crime Control and Prevention District Fund to the Grants Fund for the City Match; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $260,000.00. DISCUSSION: NSCDC has received funding under the United States Department of Justice Weed and Seed Program, in the amount of One Hundred Seventy -Five Thousand and No/100 Dollars ($175,000) for the period from August 1, 2006 through December 31, 2006, subject to extension if the same is obtained from the Department of Justice (the "Weed and Seed Grant"). The Weed and Seed Grant recognizes and creates a Near Southeast Weed and Seed target area (the "Target Area") which encompasses the area between I- 35W on the West, South Riverside Drive on the East, East Lancaster Avenue on the North, and East Berry Street on the South. The Weed and Seed Grant involves law enforcement efforts which focus on targeting prosecution and illegal drug use within the Target Area. In addition to community policing goals including educating and informing residents of the strategies being implemented in the Target Area to combat crime, the Weed and Seed Grant contemplates the creation of a Community Prosecutor Program to be implemented within the Target Area. NSCDC will underwrite a portion of the cost of the Community Prosecutor Program from the Weed and Seed Grant for an amount not to exceed $100,000.00, and the City will make personnel available and provide additional funding for such program totalling $160,000.00 from the Crime Control and Prevention Fund. These funds were appropriated by the Crime Control and Prevention District in the CCPD's FY2007 budget, which was approved by City Council on July 18, 2006. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/16/2007 Page 2 of 2 Under the Agreement, the City determines the personnel assigned to the Community Prosecutor Program, but it is anticipated that Program staffing will include two prosecutors and a Code Compliance Officer, in addition to having a Neighborhood Police Officer assigned to the Program. The Agreement has a term of September 1, 2006, and ending on December 31, 2006, subject to extension through September 30, 2007. Either party may terminate the agreement for any reason upon 30 days notice. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451981 012459152000 GR76 472079 012459152000 GR76 51VARIOUS 012459152010 GR76 51VARIOUS 023459152020 Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: FROM Fund/Account/Centers $100,000.00 GR79 538070 0121000 $80,000.00 $160,000.00 GR79 511010 0359404 $80,000.00 $111,800.00 $148,200.00 Joe Paniagua (6191) David Yett (7623) Leann Guzman (8973) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/16/2007