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HomeMy WebLinkAbout2002-115 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III RESOLUTION NO. 20C2-llS RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR SUPPLEMENTAL POLICE SERVICES WITH THE COUNTY OF SAN BERNARDINO HOUSING AUTHORITY THAT REIMBURSES THE POLICE DEPARTMENT FOR OVERTIME AND OPERATIONAL COSTS ASSOCIATED WITH AN ENHANCED POLICE PRESENCE IN CERTAIN HOUSING AUTHORITY PROPERTIES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. That the Mayor and Common Council of the City of San Bernardino authorize the Mayor to execute an Agreement for Supplemental Police Services between the City of San Bernardino and the County of San Bernardino Housing Authority, to reimburse the Police Department for overtime and operational costs associated with providing an enhanced police presence in certain housing authority properties (Agreement is attached as Exhibit "A" and incorporated herein), SECTION 2. The authorization to execute the above referenced agreement is rescinded if it is not signed by both parties within ninety (90) days of the passage of this resolution, HEcj[Suppols.Res] April lJ, 2002 2002-115 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN 2 AGREEMENT FOR SUPPLEMENTAL POLICE SERVICES WITH THE COUNTY OF SAN BERNARDINO HOUSING AUTHORITY THAT 3 REIMBURSES THE POLICE DEPARTMENT FOR OVERTIME AND OPERATIONAL COSTS ASSOCIATED WITH AN ENHANCED POLICE 4 PRESENCE IN CERTAIN HOUSING AUTHORITY PROPERTIES. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a j t. reg. meeting thereof, held on the 7 15tlUayof April, 2002, by the following vote, to-wit: 8 COUNCIL MEMBERS: 9 ESTRADA 10 LIEN II MCGINNIS 12 DERRY 13 SUAREZ 14 ANDERSON 15 MCCAMMACK 16 AYES NAYS ABSTAIN ABSENT x x ---X-- ---X-- ----L- x x 17 (2~~ ~ Clerk The foregoing Resolution is hereby approved this Ilrl' 18 19 20 21 22 /' dith Valles, Mayor ( / ity of San Bernardino 23 24 Approved as to form and legal content: 25 JAMES F, PENMAN, 26 City Attorney 27 By: tn,..;, U /' <7/1- 7'ile-=~ 28 HEcj[Suppols.Rcsl 2 April 9, 2002 20C2-115 AGREEMENT FOR SUPPLEMENTAL POLICE SERVICES 1. IDENTIFICATION This Agreement For Supplemental Police Services ("Agreement" herein), effective as of the date specified in Section 3 below, is entered into by the City of San Bernardino ("CITY" herein) and the Housing Authority of the County of San Bernardino ("AUTHORITY" herein). 2. RECITALS 2.1 AUTHORITY operates two public housing developments within CITY's territorial boundaries, ("subject properties" herein), 2.2 AUTHORITY desires to obtain supplemental police services from CITY in order to (i) create a drug- and crime-free environment at the subject properties; and (ii) provide for the safety and protection ofthe residents of AUTHORITY's housing developments. 2.3 CITY desires to provide supplemental police services for AUTHORITY in order to (i) create a drug- and crime-free environment at the subject properties; and (ii) provide for the safety and protection of the residents of AUTHORITY's housing developments, 2.4 CITY and AUTHORITY agree that the services rendered by CITY under this Agreement are in addition to CITY's baseline level police services for the subject properties. CITY and AUTHORITY further agree that CITY will not reduce its baseline level of police services for the subject properties, particularly in the areas of community policing, patrol, criminal investigations, records, dispatch and special operations, Now, therefore, for and in consideration ofthe mutual covenants and conditions herein contained, CITY and AUTHORITY agree as follows: 3. TERM This Agreement will become effective on April 15. 2002 and will conclude on December 31, 2002 unless terminated earlier, Either party may terminate this Agreement upon thirty days written notice to the other party, 4. ASSIGNED PERSONNEL 4.1 Subject to the provisions of paragraph 4.2 below, CITY shall render the services required by this Agreement by means of POST -certified sworn and non-sworn personnel MOU Between San Bernardino Police Department and Housing Authority Page I of6 2002-115 of CITY's police department ("Assigned Personnel" herein), 4.2 AUTHORITY may request CITY to replace any of the Assigned Personnel for any of the reasons set forth in this paragraph 4.2. In conjunction with each replacement request, AUTHORITY shall provide a written statement of the reasons therefore and shall include supporting documentation, CITY shall have a reasonable opportunity to evaluate the request and to make changes in the Assigned Personnel. The grounds on which AUTHORITY may request replacement of any of the Assigned Personnel are as follows: a. Neglect or non-performance of duties, b, Disorderly conduct, use of abusive or offensive language, or fighting. c. Criminal action, d. Selling, consuming, possessing or being under the influence of intoxicants, including alcohol or illegal substances, e, Inadequate punctuality or attendance. f, Substantiated complaints from residents or management of AUTHORITY's housing developments. 5. SCOPE OF SERVICES 5.1 SERVICES PROVIDED BY CITY 5,1.1 Sworn officers of the Assigned Personnel shall conduct, in two-man units, specialized patrols of the subject properties for purpose of enforcing applicable State statutes, local ordinances and regulations. Such patrols shall take place at times mutually agreed upon by CITY and AUTHORITY. 5,1.2 Assigned Personnel will be trained in community relations and will possess interpersonal communications skills. The Assigned Personnel shall employ community policing concepts and shall assist AUTHORITY in enhancing crime prevention programs in the subject properties, 5.1.3. In connection with each criminal incident at the subject properties to which the Assigned Personnel respond, the Assigned Personnel shall complete public housing police activity fonus provided by AUTHORITY. Completion of such fonus shall be in addition to, and not in lieu of, completion of any police report forms utilized by CITY, MOU Between San Bernardino Police Department and Housing Authority Page 2 of6 2002-115 5,1.4 To the extent necessary, the assigned personnel will appear as witnesses in AUTHORITY's administrative grievance procedure, civil eviction hearings, or other court proceedings where the issue includes criminal conduct in or near the subject properties involving any resident, member of a resident's household, or any guest or guests ofa resident or household member. The AUTHORITY will pay the Police Department for costs incurred for this service as per the contract between the Police Department and the City of San Bernardino, 5.1.5 CITY shall designate a member of its Police Department to the CITY's Liaison Officer for purposes of this Agreement, CITY's Liaison Officer shall work in concert with the AUTHORITY's Executive Director or that official's designate to facilitate the implementation ofthis Agreement. CITY's Liaison Officer shall meet with resident leadership and management representatives of the subject properties on a quarterly basis for the purposes of (i) reviewing CITY's performance under this Agreement and (ii) planning for future changes or modifications anticipated by this Agreement. 5.2 SERVICES PROVIDED BY AUTHORITY 5,2,1 AUTHORITY shall provide training workshops for residents of its housing developments, AUTHORITY's on-site management staff and the Assigned Personnel. Such training workshops shall address community policing and crime prevention issues associated with public housing and shall include, without limitation, the following: crime prevention and security responsibilities; community organization against the causes of and precursors to crime; drug awareness and control; familiarization with the subject properties; AUTHORITY's lease contract and AUTHORITY's lease compliance enforcement procedures and policies. 5,2.2 AUTHORITY shall provide suitable space at each ofthe subject properties for use by the Assigned Personnel as a satellite office. AUTHORITY shall be responsible for ensuring that such space is supplied with utilities (water, heat, and electricity) and maintenance (routine and extraordinary), AUTHORITY shall make reasonable modifications (including minor structural, electrical, and mechanical changes) to such space in order to meet CITY's operational needs, 5.2,3 On a quarterly basis, AUTHORITY shall submit to CITY an assessment of the effectiveness of the services rendered by CITY under this Agreement, 5.2.4 AUTHORITY shall provide CITY with an adequate supply of public housing police activity forms that AUTHORITY desires the Assigned Personnel to complete in connection with each criminal incident at the subject properties to which the Page 3 of6 MOU Between San Bernardino Police Department and Housing Authority 20C2-115 Assigned Personnel respond. 5.2,5 AUTHORITY shall provide CITY with a copy of AUTHORITY's rules and regulations for the subject properties. 5,2.6 As requested by CITY, AUTHORITY will work with CITY to subsidize housing costs for volunteer police officers to reside in a public housing development selected by AUTHORITY. 6. AUTHORITY 6.1 CITY shall provide the Assigned Personnel with such basic equipment as may be necessary and reasonable for performance of the services required by this Agreement. Any additional automobiles, motor vehicles, bicycles, or other equipment requested by AUTHORITY shall be furnished by AUTHORITY at its sole expense, and shall remain the property of AUTHORITY. 6.2 CITY and AUTHORITY may agree to jointly supply each satellite office with any additional equipment as may be appropriate for the performance of the services required by this Agreement. Additionally, CITY and AUTHORITY may agree to jointly lease equipment or vehicles as may be appropriate for the performance of the services required by this Agreement. 6.3 CITY shall be responsible for reparrmg or replacing any equipment provided by AUTHORITY for the Assigned Personnel that is damaged beyond the normal wear for such article of equipment. 7. COMPENSATION AUTHORITY agrees to pay CITY, and CITY agrees to accept in full satisfaction for the services provided hereunder, compensation as follows: 7. I AUTHORITY shall pay CITY the amount of the actual overtime salary of each individual member of the Assigned Personnel per hour spent by such member in the performance of the services required by this Agreement, for the use of the police unit, and the HT expense; provided, however, that AUTHORITY shall not pay CITY more than thirty thousand dollars ($30,000.00) in the aggregate, for CITY's services under this Agreement. CITY may issue invoices, on a monthly basis or less frequently, for services rendered. Payments to CITY shall be made within thirty days of receipt of the invoice by AUTHORITY. Invoices shall specify the services provided, the amount due under the invoice, and the aggregate amount of payments made by AUTHORITY under this Agreement. Page 4 of6 MOU Between San Bernardino Police Department and Housing Authority 2002-115 8. RELATIONSHIP OF PARTIES The Assigned Personnel shall at all times remain part of, subject to and in direct relationship with CITY's chain of command, Additionally, CITY shall at all times provide sole supervision, control, and direction of work activities and assignments of the Assigned Personnel, including disciplinary actions, CITY shall be solely responsible for the compensation and employee benefits of the Assigned Personnel. 9. INDEMNIFICATION 9,1 To the full extent authorized by law, AUTHORITY will defend, indemnify, and hold harmless CITY, its employees, agents, and officers, from any liability, claim, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, as well as attorney's fees, court costs, interest, defense cost (including expert witness fees) and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of, arising out of, or in any way attributable to, in whole or in part, AUTHORITY's performance of the services required by this Agreement. 9,2 To the full extend authorized by law, CITY will defend, indemnify, and hold harmless AUTHORITY, its employees, agents, and officers, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, fees, court costs, interest, defense costs (including expert witness fees) and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of, arising out of, or in any way attributable to, in whole or in part, CITY's performance of the services required by this Agreement. 9,3 The obligations imposed by this Section 9 shall survIve the termination of this Agreement. 10. NOTICES All notices required or desired to be served by cither party hereunder upon the other party shall be in writing and may be served by registered or certified United States mail return receipt requested, Service by mail shall be deemed complete on the expiration of the second day after mailing and shall be addressed as follows: 1) If served upon AUTHORITY, notice shall be addressed as follows: EXECUTIVE DIRECTOR, HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO, 715 East Brier Dr., San Bernardino, California 92408-2841. MOU Between San Bernardino Police Department and Housing Authority Page 5 of6 2002-115 2) If served upon CITY, notice shall be addressed as follows: CHIEF OF POLICE, CITY OF SAN BERNARDINO POLICE DEPARTMENT, 710 North D Street, San Bernardino, California 92401. TO EFFECTIVE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below, Date: /' "AUTHORITY" HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO "CITY OF SAN BERNARDINO" By: Judith V - 'Ii . By: /11:: ( . Johnfl'. McGrath, .ij - I (" -0;2 Date: "'I ~ (. ') -{ 2- APPROVED AS TO FORM AND LEGAL CONTENT James F. Penman, City Attorney MOU Between San Bernardino Police Department and Housing Authority Page 6 of6