HomeMy WebLinkAboutContract 37823Y SECRETARY
CONTRACT NO.
AGREEMENT BETWEEN
THE CITY OF FORT WORTH
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 Carl L.
Smart, its duly authorized Acting 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 One -Hundred and Ninety -Nine Thousand and No/100 Dollars
($199,000) 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,1-35W South
on the West, East Berry on the South, arid South Riverside Drive on the East.
C. The Weed and Seed Initiative involves code enforcement efforts which focus on
education, enforcement and abatement of code violations within the Target Area. The Weed and
Seed Initiative created a Steering Committee to direct the operation of the initiative that includes
the Fort Worth Code Compliance Department.
D. NSCDC agrees to underwrite the overtime cost of the Code employees
involvement from the Weed Le Inative, and the City agrees to make Code 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
1.
Administration
City agrees to provide Code employees 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
�,t We�d�eed, a U.S. Department of Justice Initiative in all media announcements.
C��frI�BAL RECORD
CITY SECRETARY
FT. WORTH,
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B. The City agrees to provide resources in order to educate citizens and reduce code
violations, facilitating the targeted area in becoming a cleaner, safer, and more attractive 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 educating, enforcing and abating code violations within the targeted
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 C. Guy Natale. 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 code violations
that encourage deterioration of an area; leading to an increase in unlawful activities and public
safety hazards.
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 code violations.
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 educate, enforce and abate code
violations that affect the quality of life for residents in the Target Area.
3.
Funding
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A. The NSCDC will pay up to $14,274.00 for overtime (not including salaries or
)enefits) for Code employees. The overtime costs must be incurred from January 1, 2008 through
December 31, 2008. If an extension is granted for the project period (January 1, 2008 — December
31, 2008) from the US Department of Justice, costs incurred my be extended beyond December
311 2008. Official notification of period extension will come fiom Site Coordinator.
B. City shall submit monthly invoices 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
therefore 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 $14,274.00.
4.
Term
The term of this Agreement is for a period beginning on June 1, 2008 and ending on
December 31, 2008.
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.
TerminationBreach
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
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services rendered and NSCDC shall remit payment in full within sixty (00) days after the date of
such invoice.
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.
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.
Be
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
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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.
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 C. Guy Natale, 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.
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CITY OF
:)ate
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ATTEST:
Date:
NEAR SOUTHEAST COMMUNITY
DEV LOPMENT C RPORATION
Shirley Leers
Executive/Direc�tor
Date: !' v//3 /d�6 0 'q
APPROVED AS TO FORM AND LEGALITY:
Karen Anderson
Senior Assistant City Attorney
Authority:
M&C
OFFf CIAL RECORD
-�- CITY SECRETARY
FT. WORTH, TX
Page 1 of 2
City of Fort Worth, Texas
• • • • •
DATE: Tuesday, July 15, 2008
LOG NAME: 230VERTIME
REFERENCE NO.: G-16205
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• • - • - • ••- • • - • - • •• ••• - • •• C- --
RECOMMENDATION:
It is recommended that City Council:
1. Authorize the City Manager to execute an agreement with the Near Southeast Community Development
Corporation providing for overtime compensation to Code Compliance Officers for a joint Code Compliance
and neighborhood clean-up program to coordinate activities which focus on enforcement and abatement of
code violations and educate citizens on how to identify, report and abate code violations 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 $14,274.00 from the Near Southeast Community Development
Corporation for the joint Code Compliance and neighborhood clean-up program; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $14,274.00 upon execution of the agreement.
DISCUSSION:
The Near Southeast Community Development Corporation (NSE/CDC) submitted an application to the
Department of Justice, Office of Justice Programs, Community Capacity Development Office which allowed
for $14,274.00 in overtime compensation for Code Compliance Officers. This program represents a
comprehensive approach to improving the targeted area, making it a cleaner, safer, and more attractive
place to live, work, and raise a family.
This partnership approach will aid in providing a safe environment for children to learn and attend school,
will establish amulti-agency strategy to control and reduce unlawful activities, code violations, nuisances
and will improve the coordination of existing federal, state, local and private agency resources. The City will
also provide a senior level staff officer to serve on the Weed and Seed Steering Committee to assist with
governing the Weed and Seed initiative.
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/23/2008
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendation, funds will
the current operating budget, as appropriated, of the Grants Fund. The Code Compliance
responsible for submitting request for reimbursement to offset the expenditures. Funds will
by grantor after expenditures are made.
TO Fund/Account/Centers
GR76 451981 023459301000 $14,247.00
GR76 5 $14,274.00
(VARIOUS) 023459301010
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Charles Daniels (6183)
Brandon Bennett (6345)
C. Guy Natale (6327)
be available in
Department is
be reimbursed
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 10/23/2008