HomeMy WebLinkAboutContract 63363CSC No. 63363
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
ADVOCATES FOR COMMUNITY TRANSFORMATION
THIS AGREEMENT ("Agreement") is made by and entered into by and between the City of Fort
Worth ("City"), a home rule municipal corporation of the State of Texas and Advocates for
Community Transformation ("ACT"), a nonprofit 501(c)(3). The City and ACT are each herein
individually referred to as "party" and collectively as the "parties."
RECITALS:
WHEREAS, the City as part of its plan to reduce violent crime, identifies problem
properties, evaluates their compliance with applicable criminal laws, and applies enforcement
measures;
WHEREAS, ACT is a nonprofit organization that exists to make safe neighborhoods a
normal reality for everyone by representing residents in the civil justice system to eliminate
nuisance properties;
WHEREAS, the City and ACT have successfully worked together since 2021 to address
crime and other nuisance activity occurring on properties within the City of Fort Worth; and
WHEREAS, the City and ACT wish to continue to work collaboratively in an effort to
pursue the common goal of enhancing residents' quality of life.
NOW THEREFORE, for the mutual consideration herein stated, the City and ACT agree
as follows:
The City and ACT agree to the following terms and conditions of this Agreement to the
extent permissible under City policy and applicable state and federal laws, and to the extent
information shared between the parties is not protected by attorney -client privilege:
Section 1
ACT Responsibilities
ACT will:
1.1 Notify all enumerated departments (Police, Code, and the City Attorney's Office)
on no less than a quarterly basis concerning active, ongoing litigation and its
casework target areas.
1.2 Notify all enumerated departments when it sends a demand letter or files a lawsuit
against the owner of a nuisance property.
1.3 Maintain regular communication with the Fort Worth Police Department (FWPD)
Neighborhood Police Officers (NPOs) in neighborhoods where ACT has casework
and agrees to provide NPOs with information learned by its program staff related
to high -crime properties on a regular (quarterly at minimum) basis. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACT/City of Fort Worth MOA 1
1.4 Periodically schedule engagement activities with divisional FWPD officers to
facilitate collaboration and open communication. ACT agrees to provide officers
with information learned by its program staff related to high -crime properties. This
includes the addresses of high -crime properties, persons associated with the
properties, vehicles associated with the properties, and details of the criminal
activities associated with the properties, to the extent known.
1.5 Request FWPD records through the proper mechanisms via email as directed by
FWPD.
1.6 Educate residents that it engages with to call 911 to alert FWPD to criminal activity
and to utilize 311 for reporting ordinance violations.
1.7 Encourage residents that it engages with to participate in neighborhood associations
and crime -watch groups.
1.8 Treat as confidential all data and information received from the City under the terms
of this Memorandum of Agreement. All data provided to ACT shall be maintained
securely and shall not be furnished to any other organization or entity unless ACT
receives permission from the City or is compelled to provide such information by
subpoena or court order. ACT agrees to notify the City before involuntarily sharing
such information with outside entities. This section does not apply to records
obtained by ACT through a Texas Public Information Request.
1.9 Not use any private, confidential information provided by FWPD outside the open
records process to contact residents, witnesses, or other individuals involved in an
active investigation without obtaining permission from the Nuisance Abatement
Officer or chain of command.
Section 2
FWPD Responsibilities
FWPD will:
2.1 Provide ACT access to NPOs in each Division where ACT has casework in order
to educate NPOs on ACT's work, ensuring that officers can make residents aware
of ACT as a resource.
2.2 Provide ACT access to Narcotics Officers in order to educate the Narcotics unit on
ACT's model and on how to refer concerned residents to ACT.
2.3 Refer concerned residents to ACT where appropriate.
2.4 Provide a Nuisance Abatement Officer and a Narcotics Officer to consult with ACT
on a regular basis (quarterly at a minimum) to refer high -crime and nuisance
properties.
2.5 Assign a FWPD representative to respond to ACT's weekly request for FWPD's
narcotics information related to properties ACT is reviewing for the purpose of
determining whether ACT will submit an open records request in accordance with
the Texas Public Information Act. FWPD will provide information concerning
whether:
ACT/City of Fort Worth MOA 2
(a) police report records exist for the property (including which years),
(b) no police report records exist for the property, or
(c) police report records exist for the property, but are currently the subject
of an active investigation.
2.6 Assign a FWPD officer to provide on a quarterly basis a list of the residential
locations where a narcotics -related search warrant was executed during the quarter,
subject to the need to protect an active investigation.
2.7 Assign a FWPD Crime Analyst to provide on a quarterly basis a geocoded shapefile
containing all calls for service and incidents reported during the quarter, including
for each call or incident, where available: a unique case/incident number, specific
street address, specific date and time, and category/description (e.g., drug house),
subject to the need to protect an active investigation, officer safety, or records made
confidential by law (e.g. juvenile records).
2.8 Assign a FWPD representative to compile the information requested in ACT's
Texas Public Information Act requests. ACT will specifically state in the records
request submitted through the Legal Liaison Unit that the request should be routed
to the designated department charged with handling public information requests.
2.9 Provide ACT with the requested public information documents in accordance with
the Texas Public Information Act.
2.10 Assign a FWPD representative to provide a weekly spreadsheet summary of the
offenses and calls for service at properties requested by ACT for the purpose of
evaluating ACT casework, subject to the need to protect an active investigation,
officer safety, or records made confidential by law (e.g. juvenile records). ACT will
submit its weekly request to a designated email address.
2.11 Designate a Nuisance Abatement Officer or chain of command representative for
retention of any real-time crime center (RTCC) camera footage requested by ACT.
Section 3
Code Compliance Responsibilities
Code Compliance will:
3.1 Provide ACT access to Code inspectors for the purpose of collaborating on specific
nuisance properties, including the sharing of information according to Section 1.8.
3.2 Provide a Code representative to consult with ACT on a regular basis (quarterly at
a minimum) to discuss opportunities for collaboration on nuisance properties.
3.3 Nothing in this Agreement shall be construed to require any department of the City
to share information subject to sections 826.0211 or 826.0311 of the Texas Health
and Safety Code, or the identity of any person or persons covered under the Code
Informer's Privilege.
ACT/City of Fort Worth MOA 3
Section 4
City Attorney's Office Responsibilities
The City Attorney's Office (CAO) will:
4.1 Provide ACT access to nuisance abatement attorney(s) from the CAO to meet on a
regular basis (quarterly at a minimum) to discuss potential opportunities for
collaboration on criminal nuisance and blighted properties.
4.2 Notify ACT on a regular (quarterly at minimum) basis concerning properties on which
it has active, ongoing litigation. This notification may also be provided by the City's
Nuisance Abatement Officer, in lieu of the CAO.
4.3 If the CAO has filed or anticipates filing a nuisance lawsuit pursuant to Ch. 125 of the
Texas Civil Practice and Remedies Code in state district court or county court at law
against a property of interest to ACT, the CAO will not oppose a motion by ACT to
intervene in that suit. Likewise, if ACT has filed or anticipates filing a nuisance lawsuit
in state district court or county court at law against a property of interest to the CAO,
ACT will not oppose a motion by the CAO to intervene in that suit.
Section 5
Liability and Indemnification
5.1 ACT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF ACT, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
5.2ACT AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS
A GAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND
EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO AN OWNER'S BUSINESS AND ANYRESULTING
LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING
DEATH)THAT MAYRELATE TO, ARISE OUT OF, OR BE OCCASIONED
BY (I) ACT'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT OR (H) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF ACT, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF
THIS AGREEMENT; EXCEPT THAT THE INDEMNITYPROVIDED FOR
IN THIS SECTION SHALL NOT APPL Y TO ANYLIABILITYRESUL TING
ACT/City of Fort Worth MOA 4
FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH ACT
AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A
WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER
PROVIDED BY THE LAWS OF TEXAS.
Section 6
Misc. & Conclusion
6.1 Term Period for Agreement: Either party may terminate the Agreement at any time
and for any reason by providing written notice to all parties to the Agreement.
6.2 Litigation Participation: Occasionally, a lawsuit filed by ACT attorneys on behalf of
residents against the owner of a high -crime property will require a trial or other
testimonial proceeding. In those instances, the City agrees to provide at least one officer
from each relevant department to testify about the authenticity of records offered as
evidence and to provide testimony about activity at the property.
6.3 Spirit of Cooperation: All parties agree to work together in a spirit of cooperation to
reduce crime and increase the quality of life for Fort Worth residents. The City agrees
that any departments not enumerated in this document will partner with ACT in the
same spirit of cooperation for the same purposes.
6.4 Public Information Act: The City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to the Texas Public
Information Act. The parties acknowledge and agree that this Agreement shall be
performed in strict compliance with the Texas Public Information Act.
(signature page follows)
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ACT/City of Fort Worth MOA 5
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
City:
William Johnson (Ju 3, 2025 09:29 CDT)
By:
Name:
William Johnson
Title:
Assistant City Manager
Date: 06/03/2025
Advocates for Community Transformation
(ACT)
By:
me: Reid (porter
T CEO, ACT
Date:
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
By: Robert All"gen 2, 2025 13:00 CDT) erformance and re ortig ren uirem t
yp p requirements.
s
Name: Robert A. Alldredge, Jr.
Title: Executive Assistant Chief, Police L I
By:
Approved as to Form and Legality: Name: Loraine Coleman
Title: Administrative Services Manager
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P O� pORT�a��
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By: City Secretary:
Name: Jerris Mapes an reza5aa
Title: Sr. Assistant City Attorney
By:
Contract Authorization: Name: Jannette Goodall
M&C: N/A Title: City Secretary
Approved: N/A
1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACT/City of Fort Worth MOA 6