HomeMy WebLinkAboutOrdinance 17249-10-2006Ordinance No. 17249-10-2006
AN ORDINANCE INCREASING ESTIMATED RI;CI;IPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $26Q000
FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING A CONTRACT
WfTH THE NEAR SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION
FOR IMPLEMENTATION FO A COMMUNITY PROSECUTOR PROGRAM;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments far Fiscal Year 2006-
2007 and in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Grants Fund in the amount of $260,000 from available funds for the purpose of
funding a contract with the Near Southeast Community bevelopment Corporation for
implementation of a Community Prosecutor Program.
SECTION 2.
That should any portion, section ar part of a section of this ordinance I?e declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17142 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting previsions of said prier ordinances and appropriations are hereby expressly repealed.
SECTION 4
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
~~.
Assistant City Attar ey
ADOPTED AND EFFECTIVE: October 24, 2006
AGREEMENT FOR IMPi.ElVIENTATIUN
OF COMMUNITX 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"), anot-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.
RECITAI_,S
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'g 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 ar~d 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:
c~GREEMENT
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.
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A. The Community Prosecutor Program (the "Program"} shall be ennducted 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 as determined by the
City ("Target Area Site"}.
B. The City shall be responsible for the day-to-day administration of the Program anal
the selection of all personnel necessary far 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 ar 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 qualif cations 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 an 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. ~n
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 fa
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 Cade
of Fort Worth within the Target Area, and that the GCO 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 Prograrxa. City agrees to
provide NSCDC reports of Program activity in a format and an a schedule to be agreed between
the parties.
C, The City Manager or his designee, the City Attorney, ar 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,
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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 al` Texas or his designee, Tarrant County
Commissioner Roy Brooks, 1Mort Worth Mayor Pro Tem Kathleen Hicks, the Tarrant County
District Attorney or his designee, and the Dart 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 far contractual issues
related to this Agreement. The initial representative of the City shall be Jae Paniagua. The initial
representative of the NSCDC shall be Shirley Lewis.
2.
General ®ratline of 1~es~vnsibiIities of Cvnn~nnnity and Special Prvsec~atvrs
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 Cade 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:
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(i) the City Attorney's Office;
(ii) the Fort Worth Police Department;
(iii} the Municipal Courts of Fart 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;
(iii) 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;
(ice) 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.
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3.
~undin~
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 far the execution of the Program. The estimated salaxy and benefzts 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. Tndirect costs incurred by the City shall oat be Eligible Expenses and
NSCDC shall not be responsible for such indirect costs.
B. City shall submit an invoice to NSCDC an 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. Tn 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 abjection, 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.
G 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 Nn/100 Dollars ($160,OOOj.
~1.
Term
The term of this Agreement is far 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 arc agreed to in
writing by the City.
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S.
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.
TerminntionBreach
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
ar 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.
S.
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 nnr NSCDC shall be responsible under the
Doctrine of Respondeat Superior far the acts and omissions of the officers, agents, servants or
employees of the other.
9.
Liabili far Prc~ er
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 last, stolen, destroyed or in any way daxnaged.
10.
l~andiseri~nination
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 teams, 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., ar
statutory requirement.
8. NSCDC and City, in the execution, performance or attempted performance of this
Agreement, will not discriminate against any person ar persons because of sex, race, religion, age,
disability, color, national origin, or familial status, nnr 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 ar other part of this Agreement shall be determined to be invalid by a court ar federal
ar state agency, hoard 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 ar 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.
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I3.
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.
I4.
Anthoriaation
The governing bodies of NSCDC and City have approved the execution of this
Agreement, and the persons signing the Agreezxaent have been duly authorized by the govenning
bodies of the NSCDC and City to sign this Agreement on behalf of the governing bodies.
1S.
Inte~ratdon
This written instrument constitutes the entire agreement by the parties hereto concerning
the work and services to be performed hereunder, and any prior ox contemporaneous, oral or
written agreement which purports to vary from the terms hereof shall be void.
1 ~.
l~otices
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 7b104.
Notices to City shall be deemed given when delivered in person to doe 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.
_g..
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples
in Fort Worth, Tarrant County, Texas, this day of October, A.D. 2000.
ATTEST:
CITY OF FORT WORTH
By:
City Secretary Name:
Title:
ATTEST:
NEAR SOUTHEAST COMMUNITY
DEVELOPMENT CORPORATION
By:
Shirley Lewis
Executive Director
F:USBDA'I'A1Near S~ DevlAgreement.redline042106.doc
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Cr° cif Fart '~/®~, T°~~as
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/24/2006 -Ordinance No. 17249-10-2006
DATE: Tuesday, ~ctolaer 24, 2006
LOG NAME: 12CMMTYPROS REFERENCE NO.: C-21796
SUBJECT:
Approve Execution of a Contract with Near Southeast Community Development Corporation for
Implementation of Community Prosecutor Program; Authorize Acceptance of Funds from NSCDC;
Authorize Transfer of Crime Control and Prevention District Funds to the Grants Fund for City
Match; and Adopt Appropriation Ordinance
RECOMMEND/~TION:
It is recommended that the City Council:
1. 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 Qne Hundred Seventy-Five Thousand and Na1100 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 bast 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 far such program totalling $160,000.00 from the Crime Cnntrnl and Prevention
Fund. These funds were appropriated by the Crime Control and Prevention District in the CCPD's FY2007
Lagname: 12CMMTYPROS Page 1 of 2
budget, which was approved by City Council on Jufy 18, 2006.
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
nOtlCe.
FISCAL 1NFORMATIONICERTIFICATION:
The Finance Director certifies that upon approval of the above recommendafiion and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of
fihe Grants Fund.
TO FundlAccountlCenters
GR76 451981 012459152000 $100.000.00
GR76 472079 012459152000 x,180.000.00
GR7E 51VAR10US 012459152010 111 800.00
GR76 51 VARIOUS 023459152020 14$ 200.00
FROM FundlAccountlCenters
GR79 538070 0121000
GR79 511010 0359404
Aso o~oo.oo
~so.ooa.oo
Sul3mitted for City Manager`s Office b~; Jae Paniagua (6191}
Originating ®e_partment Head: David Yett (7623}
Additional Information Contaet~ Leann Guzman (8973}
Lagname: 12CMMTYPROS Page 2 of 2