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HomeMy WebLinkAboutContract 36680 CITY SECRETARY CONTRACT NO. AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE NEAR SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION (NSE/CDC) ON BEHALF OF THE FORT WORTH WEED AND SEED INITIATIVE 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 received funding under the United States Department of Justice Weed and Seed Program, in the amount of Two-Hundred and Twenty-Five Thousand and No/100 Dollars ($225,000)from the Department of Justice (the"Weed and Seed Initiative"). B. The Weed and Seed Initiative recognized and created a Near Southeast Weed and Seed target area(the "Target Area") with boundaries at East Lancaster on the North, I-35W South on the West, East Berry on the South,and South Riverside Drive on the East. C. The Weed and Seed Initiative involves law enforcement efforts which focus on targeting violent crimes, drug trafficking, and related drug crime 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 Initiative created a Steering Committee to direct the operation of the initiative that includes the Fort Worth Police Department. D. NSCDC agrees to underwrite the overtime cost of the Police Officers and Police Supervisors involvement from the Weed and Seed Initiative, and the City agrees to make Police personnel available based 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 � 4- 02-25-08 P03:53 IN 1. Administration City agrees to provide Police Officers within the Target Area, pursuant to the terms and conditions set forth herein. A. The City agrees to state that their activities are efforts between the City and the Southeast Weed and Seed, a U.S. Department of Justice Initiative in all medial announcements. B. The City agrees to provide resources in order to reduce crime and make the city a safer place to live, work, and raise a family. C. The City agrees to support the initiative and to provide a comprehensive and integrated approach to fighting violent crime, drug abuse, gang activity, and deterioration of social and economic opportunities within the targeted high crime community. 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 Gerald L. Chandler. The initial representative of the NSCDC shall be Shirley Lewis. E. The City agrees to provide a senior level staff officer to serve on the Weed and Seed Steering Committee to assist with governing the Initiative. 2. General Outline of Responsibilities of NCSDC and the City The City will perform the following duties if, subject to the City's discretion, acting reasonably after consultation with the NSCDC, the Parties determine that the duties are necessary to the operation of the Initiative in the Target Area: A. Attend meetings of community organizations to familiarize community members with the Initiative, and to develop a multi-agency strategy to control and prevent violent crime, drug trafficking, and related drug crime. B. To work with the NSCDC in providing a safe environment for children to learn and attend school, families to live, worship, and raise a family. C. Meet with community members, law enforcement, and agency representatives at regular meetings of community groups, or at discussion sessions organized by the NSCDC. To coordinate existing federal, state, local and private agency resources and concentrate those resources in the Target Area to maximize their impact on reducing violent crime, drug trafficking and drug related crime. D. The City will work with the NSCDC and community organizations within the Target Area to focus resources to solve the most significant and pressing problems. E. The City agrees to: provide coordinators to establish new neighborhood crime watches and encourage/rejuvenate pre-existing crime watches; serve on the NSCDC Steering Committee; establish at least one, possibly two new Safe Havens within the Target Area; work to stop drug trafficking and use of drugs; educate citizens to reduce exposure as crime victims; assist in reducing property crime; work in collaboration to reduce or eliminate nuisance crimes such as prostitution, and reduce hazardous traffic conditions that affect the quality of life for residents in the Target Area. 3. Funding A. The NSCDC will pay up to $5,800.00 for overtime (not including benefits) for Neighborhood Police Officers up to 40 hours per month for nine (9) months. The overtime costs must be incurred from March 1, 2007 through December 31, 2007. In addition, the NSCDC will pay up to $13,849.00 to cover officer overtime for Special Details and Events, and the purchase of equipment to be used by officers in the target area in the amount not to exceed $11,000.00. B. City shall submit monthly invoices to NSCDC on or before the tenth (10t') 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 City contemplated by this Agreement is limited to $30,649.00. 4. Term The term of this Agreement is for a period beginning on March 1, 2007 and ending on December 31, 2007. 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 r ement, and �-NEBC shall have access at all reasonable hours to offices and records of the 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. Liability for Property 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. -5- 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 Gerald Chandler, 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.] -6- CITY O FO RTH NEAR SOUTHEAST COMMUNITY DEV MENT CORPO TIO Joe5iaa Assisity Manager Shirley Lewi Executive Director Date: 4�s a" Date: d" ATTEST: City Secretary Date: pti APPROVED AS TO FORM AND LEGALITY: Karen Anderson Senior Assistant City Attorney Authority: M&C - ^7— � �Gllo Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/5/2008 - Ord. No. 17971-02-2008 DATE: Tuesday, February 05, 2008 LOG NAME: 350JPWEED REFERENCE NO.: **C-22657 SUBJECT: Authorize the City Manager to Ratify and Execute an Agreement with the Near Southeast Community Development Corporation as a Result of the City Providing Overtime in Participation in a Joint Law Enforcement and Neighborhood Program Between the City and the Near Southeast Community Development Corporation; Authorize the City Manager to Accept $30,649 from the Near Southeast Community Development Corporation; Authorize the City Manager to Ratify All Expenditures Made and to Collect Revenues for Certain Expenses, and Adopt the Appropriation Ordinance Increasing Estimated Receipts and Appropriations by the Grant Fund by $30,649 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to ratify and execute an Agreement with the Near Southeast Community Development Corporation to coordinate new neighbor crime watches, to establish two new Safe Havens, to stop drug trafficking and use of drugs, and to educate citizens to reduce their exposure in the targeted area bound by East Lancaster on the north, Interstate 35W South on the west, East Berry on the south, and South Riverside on the east; 2. Authorize the City Manager to accept $30,649 from the Near Southeast Community Development Corporation for the Joint Law Enforcement and Neighborhood Program; 3. Authorize the City Manager to ratify all expenditures made and collect revenues for overtime expended for special details and events in support of the Southeast Weed and Seed Initiative; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $30,649 upon execution of the agreement. DISCUSSION: The Near Southeast Community Development Corporation (NSCDC) received an award from the Department of Justice, Office of Justice Programs, Community Capacity Development Office that included $16,800 for overtime for Neighborhood Police Officers and up to an additional $13,849 to cover officer overtime for special details and events. The Executive Director of NSCDC intended to formalize an agreement with the City but NSCDC operational circumstances prevented a timely submittal. This program contains a comprehensive strategy that leverages law enforcement and neighborhood crime fighting efforts to remove violent criminals and drug traffickers from the targeted neighborhood. The program also represents a comprehensive approach to fighting violent crime, drug abuse, and gang activity. This partnership approach will provide a safe environment for children to learn and attend school, will establish a multi-agency strategy to control and prevent violent crime, drug trafficking and related drug crime, will improve the coordination of existing federal, state, local and private agency resources, and will mobilize existing resources to identify and remove violent offenders. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/27/2008 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, execution of the contract and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. The Police Department is responsible for submitting request for reimbursement to offset the expenditures. Funds will be reimbursed by grantor after expenditures are made. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 (VARIOUS) 035459240010 $30,649.00 GR76 451981 035459240000 $30,649.00 Submitted for City Manager's Office b Joe Paniagua (6575) Originating Department Head: Ralph Mendoza (4212) Additional Information Contact: Kara Shuror (4221) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/27/2008