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HomeMy WebLinkAbout20-Police Department . . CIlY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon, Chief of Police Dept: Police Department Date: March 20, 2002 f""' ,.. " ;\~ a\", \ ...' I . ' Subject: Resolution of the Mayor and Conunon 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. Synopsis of Previous Council Action None. Recommended Motion: 1. Adoptresolution. 2. Authorize the Director of Finance to amend the FY 01/02 adopted budget and increase Police Department overtime by $15,000 (001-213-5015) for expenses related to the enhanced deployment at certain Housing Authority complexes, and to increase Police Department revenues in a corresponding amount ($15,000, 001-000-4740) to reflect the reimbursement from the County Housing Authority. ~~ MICHAEL BILLDT, ASSISTANT CHIEF OF POLICE Contact person: Phone: 384-5751 Lieutenant Donald Soderbloom Supporting data attached: Yes FUNDING REQUIREMENTS: Council Notes: Ward: All Amount: Net cost = $0 Increase revenue #001-000-4740 - $15,000 Increase expenditure #001-213-5015 - $15,000 fk~(/Jt&,t- F ce 1(f:; -sa::!!: Cba d -\ \ S ~ 115"/~ Agenda Item No.dO CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT 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. BACKGROUND Commencing on July 1, 1999, the Police Department began providing an enhanced police presence in the Waterman Gardens and 9th Street Projects on behalf of the County of San Bernardino Housing Authority. The Housing Authority agreed to reimburse the Police Department for all overtime and operational costs associated with this deployment pursuant to an agreement for supplemental police services. The most recent agreement expired December 31, 2001. The Housing Authority has secured funding to extend this program for a fourth and final year. Funding available for enhanced police services is capped at $30,000 for calendar year 2002. This will provide approximately 60 days of overtime coverage by two-person units working five- hour shifts. Actual deployment times and days of week will be varied based on an analysis of calls for service data in the selected properties. The Police Department will retain sole supervision, control and direction of assigned officers. The Housing Authority will reimburse the Police Department on a monthly basis for actual overtime costs, operation of police vehicles and use of handie talkie radios. Through the enhanced deployment, the city will realize reduced calls for service, a reduction in crime and fear of crime and an increase in apprehensions of criminals in the selected properties. FINANCIAL IMPACT The net impact on the City's general fund will be zero. Expenditures and revenues will be increased by $15,000 in FY 01/02 and again in FY 02/03. All overtime and operational costs associated with this agreement will be 100% reimbursement by the County of San Bernardino Housing Authority on a monthly basis for calendar year 2002. RECOMMENDATIONS 1. Adopt resolution. 2. Authorize the Director of Finance to amend the FY 01/02 adopted budget and increase Police Department overtime by $15,000 (001-213-5015) for expenses related to the enhanced deployment at certain Housing Authority complexes, and to increase Police Department revenues in a corresponding amount ($15,000, 001-000-4740) to reflect the reimbursement from the County Housing Authority. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLVTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEM'E~T FOR SUPPLEMENTAL POLICE SERVICES WITH THE COUNTY OF" SAN BERNARDINO HOUSING AUTHORITY THAT REIMBURSES THE POLICE DEPARTMENT FOR OVERTIME AND OPERATIONAL C08-T,S ASSOCIATED WITH AN ENHANCED POLICE PRESENCE IN CERTAI)iijlIOUSING AUTHORITY PROPERTIES. BE IT RESOLVED BY:rHE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDI~O AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino authorize the Chief of Police to execute an agreement between the City of San Bernardino Police Department 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. SECTION 2. The authorization to execute the above referenced agreement is rescinded ifit is not signed by both parties within one hundred-twenty (120) days of the passage of this resolution. III III III III III -# ;) () L/)J5)IJif- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this _ day of ,2002. Judith Valles, Mayor City of San Bernardino Fred Aguiar, Chairman County Board of Supervisors Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: . ~ , J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 III 18 III 19 III 20 III 21 III 22 III 7' III _J 24 III 25 III 26 III 27 III 28 III . . (g~. r\ !~.. "1. I, ,I " \.:::::.-; LJ RESOLUTION NO. ' 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 Bemardino 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 aboye referenced agreement is rescinded if it is not signed by both parties within ninety (90) days of the passage of this resolution. No. 20 f/IJ~r~'1J2 IIEcj[SUPPllls,Rt:s I 8 COUNCIL MEMBERS: 9 ESTRADA 10 LIEN II MCGINNIS 12 DERRY 13 DEVLIN . 14 ANDERSON IS MCCAMMACK 16 17 18 . .' 2 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. , .) 4 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 meeting thereof, held on the 7 _ day of , 2002, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT 19 City Clerk The foregoing Resolution is hereby approved this _ day of ,2002. 20 21 22 Judith Valles, Mayor City of San Bernardino 23 24 Approved as to form and legal content: Fred Aguiar, Chairman County Board of Supervisors 25 JAMES F. PENMAN, 26 City Attorney 27 By: f.~ U /! <7 ./ 7" j.e..,..~ 28 HEcj[Suppols.Res] 2 April 9. 2002 . . . AGREEMENT FOR SUPPLEMENTAL POLICE SERVICES 1. IDENTIFICA nON 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 of the 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 of the mutual covenants and conditions herein contained, CITY and AUTHORITY agree as foUows: 3. TERM This Agreement will become effective on Aorill5. 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 . . . of CITY's police department ("Assigned Personnel" herein). 4.2 AUTHORITY may request CITY to replace any ofthe 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. J.l 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 forms provided by AUTHORITY. Completion of such forms 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 . . . 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 ofa 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 of this 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 of the 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 MOU Between San Bernardino Police Department and Housing Authority Page3 of 6 . .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. .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 of this 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. ,ERVICES PROVIDED BY AUTHORITY . ;.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 . een San Bernardino Police Department and Housing Authority Page3 of6 . . . 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 ina 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: 7.1 AUTHORITY shall pay CITY the amount ofthe 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 ofthe 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 specny the services provided, the amount due under the invoice, and the aggregate amount of payments made by AUTHORITY under this Agreement. MOU Between San Bernardino Police Department and Housing Authority Page 4 of6 . . . 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, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, as well as attorneys' 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 ofthe services required by this Agreement. 9.2 To the full extent authorized by law, CITY will defend, indemnity, and hold harmless AUTHORITY, its employees, agents, and officers, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, as well as attorneys' 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 tennination of this Agreement. 10. NOTICES AU notices required or desired to be served by either 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 PageS of 6 . . . 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. "CITY OF SAN BERNARDINO" "AUTHORITY" HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO By: Judith Valles, Mayor By: ~iL ( ?:2~' cLlT / John/C. McGrath, ~cutiVe Director Date: Date: L/~t ';-t 2- APPROVED AS TO FORM AND LEGAL CONTENT James F. Penman, City Attorney '" MOU Between San Bernardino Police Department and Housing Authority Page 60f6 . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): '--\ - 15"-0;;2 Item # :;;'0 Resolution # dODd. -I/~ Vote: Ayes~ Nays ..f} Abstain e- Absent Er Change to motion to amend original documents: Reso. # On Attachments: I Contract term: --- Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: "+ - 11.0 . 0 ;;l Date of Mayor's Signature: 4- 1(,-0;;- Date of Clerk/CDC Signature: 1\ -\ i-O ;J... Date Memo/Letter Sent for Signature: ~ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attache : Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney .J Parks & Rec. Code Compliance Dev. Services police../ Public Services Water Notes: NulVVoid After: ClO, , '1-1'5-0~ By: - Reso. Log Updated: Seal Impressed: V' )/ Date Returned: _ Yes .,j No By_ By_ By_ By_ By_ Yes NOl No No No Yes Yes Yes EDA Finance \/ MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: 4-\<1-D)- Revised 01/12/01