HomeMy WebLinkAbout2008-049
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RESOLUTION NO. 2008-49
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO FOR THE OPERATION
PHOENIX EASTERN AREA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City, the Memorandum of Understanding with the
County of San Bernardino for the Operation Phoenix Eastern Area, a copy of which is attached,
hereto, marked Exhibit A, and incorporated herein by reference as fully as though set forth at
length.
SECTION 2. The authorization to execute the above referenced agreement is rescinded
if the parties to the agreement fail to execute it within ninety (90) days of passage of this
resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN
BERNARDINO AND THE CITY OF SAN BERNARDINO FOR THE OPERATION
PHOENIX EASTERN AREA.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th day
of February, 2008, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
BAXTER X
BRINKER X
DERRY ~
KELLEY X
JOHNSON X
MC CAMMACK X
q...JcJ. ~. ~
City Clerk
The foregoing resolution is hereby approved this 4 th day of F"hrtlAry , 2008.
Approved as to
Form:
JAMES F. PENMAN,
City Attorney
/ Ie---
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2008-49
Exhibit A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO FOR OPERATION PHOENIX EASTERN AREA
1. INTRODUCTION
~
The City of San Bernardino ("City") has developed and initiated Operation Phoenix,
a coordinated response to crime and related family and youth issues and to create
long-term neighborhood assets, in target areas in the City with a high rate of Part I
crimes. Operation Phoenix addresses the complex issues contributing to crime and
violence through partnership with the County of San Bernardino ("County"), the
San Bernardino City Unified School District, the State Department of Corrections,
California State University San Bernardino, and other public agencies and private
organizations.
The initial success of Operation Phoenix between June 10, 2006 and December 31,
2006, included a 37.59% reduction in UCR Part I crime in the original target area.
There was also a 21.11% citywide reduction of UCR Part I crime, compared to
2005, during that same time period.
On June 4,2007, the City Council identified five additional target areas for possible
expansion of Operation Phoenix:
. Central Area (expanded) one rnile radius of Wabash and Sierra
. Eastern Area one mile radius of Sterling and Highland
. Northern Area one mile radius of 44th and Sepulveda
. Western Area one rnile radius of 16th and California
. Southern Area one mile circumference of Mill and Meridian
Funding and operational expenses are limited for the expansion of this program. In
order to expand to the Eastern Area, which includes County unincorporated areas,
the City and the County are interested in entering into a Memorandum of
Understanding to provide shared resources. This sharing of resources is consistent
with the continuing protocol of combining City and County resources in the Central
Phoenix Area.
2. DURATION OF AGREEMENT
This agreement is to be in effect from December 1, 2007 to June 30, 2008. This
agreement may be terminated at any time by thirty-(30) day's written notice by
either party. The terms of this agreement shall remain in force unless mutually
amended in writing. The duration of this agreement may be extended by the written
consent of the City Manager, and by the County's Director of Community
Development and Housing.
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2008-49
3.
COMMITMENTS TO OPERATION PHOENIX EASTERN AREA
Countv Support
. The County Sheriff's Office will deploy I sergeant and 3 deputies for
plITR,oses of coordination with the San Bernardino Police Department and
mutual efforts in the Operation Phoenix Eastern Area.
. The County will provide a 1.5 full-time Code Enforcement Officer who
will augment county code enforcement activities in the Eastern Phoenix
Area, including coordination and collaboration with city code
enforcement activities in the Eastem Phoenix Area. The full-time County
Code Enforcement Officer will be bilingual in Spanish.
. The County will make a $98,000 contribution to the City's Operation
Phoenix budget for purposes of defraying the costs associated with the
City of San Bernardino programs for the Operation Phoenix Eastern
Area as described below. The City will invoice the County on a quarterly
basis for reimbursement.
City of San Bernardino
. The City will create an Operation Phoenix Street Team and coordinate its
activities in the Eastern Area. The Street Team will consist of
representatives from the various partner agencies that are engaging residents
in the target area through City/County coordinated law enforcement, code
enforcement, and human services. Ongoing communication and coordination
of partner agencies will occur through regular meetings of the Street Team to
maximize collaboration and provide services to residents in the target area.
A representative from the Sheriffs Office and County Code Enforcement
will be invited to participate in Street Team meetings to insure coordinated
efforts between City and County services.
. The City will establish a physical center in the Eastern Area to provide
supervised, after school and evening activities for children and youth, and
their families, in the focus area. The center will also act as the coordination
location for the Operation Phoenix Street Team and other various outreach
activities by the City, the County, and other government, nonprofit and
community agencies.
. The City will augment police services, code enforcement services, and
graffiti abatement in the Eastern Area and it will enhance street lighting and
other public improvements in the Eastern Area, as the Operation Phoenix
budget provides.
These mutual commitments by the County and the City will cover the area
designated as the Operation Phoenix Eastern Area which includes County
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2008-49
. unincorporated areas. A map of the Operation Phoenix Eastern Area is attached
as Attachment 1.
If conflict resolution is required among City and County agencies, it will be
facilitated through the Operation Phoenix Steering Committee which serves as an
. advisory committee on operational issues for Operation Phoenix. If satisfactory
resolution is not achieved through this forum, subsequent efforts to resolve the
conflict will occur between the Mayor's Office and the Board of Supervisors.
4. ADMINISTRATION
Administration of the Operation Phoenix program, including the County and City
commitments identified above, will be coordinated through the Operation Phoenix
Executive Team, which includes the Mayor, City Manager, Police Chief, Parks and
Recreation Director, and the Operation Phoenix Executive Director.
5. NOTICES
It is understood that the funds will be reimbursed monthly by the County upon
submittal of a reimbursement request from the City, with certification and
supporting documentation that the expenditures were utilized in the Eastern
Operation Phoenix! Arden-Guthrie target area. Any notices to be given pursuant to
this Agreement shall be deposited with the United States Postal Service, postage
prepaid and addressed as follows:
TO THE CITY:
TO THE COUNTY:
Fred Wilson, City Manager
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
Tom Ramirez,
Community Development & Housing
215 North "D" Street, Suite 202
San Bernardino, CA 92415-0043
6. MUTUAL INDEMNIFICATION CLAUSE
The City of San Bernardino shall defend, indemnify, and hold the County of San
Bernardino, its officers, employees, and agents harmless from and against any and
all liability, loss, expense, attorney's fees, or claims for injuries or damages arising
out of the performance of this agreement, but only in proportion to, and to the extent
such liability, loss, expense, attorney's fees, or claims for injuries or damages are
caused as a result of the negligent or intentional acts or omissions of the City of San
Bernardino or its agencies, their respective officers, agents, or employees.
The costs, salaries, and expenses of the City Attorney and members of his office
shall be considered as "Attorneys' Fees" for the purposes of this paragraph.
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2008-49
The County of San Bernardino shall defend, indemnify, and hold the City of San
Bernardino, its officers, employees, and agents harmless from and against any and
all liability, loss, expense, attorney's fees, or claims for injuries or damages arising
out of the performance of this agreement, but only in proportion to, and to the extent
such liability, loss, expense, attorney's fees, or claims for injuries or damages are
caused as a result of the negligent or intentional acts or omissions of the County of
San Bernardino or its agencies, their respective officers, agents, or employees.
The costs, sala1ies, and expenses of the County Counsel and members of his office
shall be considered as "Attorneys' Fees" for the purpose of this paragraph.
7. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this
Agreement, the prevailing party shall be entitled to recover from the opposing party
all costs and expenses, including reasonable attorneys' fees, incurred by the
prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions or provisions hereof. The costs, salary
and expenses of the City Attorney and/or County Counsel and members of their
offices in enforcing this Agreement shall be considered as "attorneys' fees" for the
purpose of this paragraph.
8. COOPERATION; FURTHER ACTS
The Parties shall fully cooperate with one another, and shall take such additional
acts or sign such additional documents as may be necessary, appropriate, or
convenient to attain the purposes of this Agreement.
9. COUNTERPARTS
This Agreement may be signed in counterparts, each of which shall constitute an
original and which collectively shall constitute one instrument.
10.
SUPERSEDING AGREEMENT
This Agreement supersedes any prior oral statements or agreements between or
among the Parties as related to the Operation Phoenix Eastern Area.
11. SEVERABILITY
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable for any reason, such determination shall
not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance, and the remaining
provisions of this Agreement shall remain in full force and effect.
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2008-49
1
2 IN WITNESS WHEREOF, the Parties have executed this Agreement as of
the last date indicated below.
CITY OF SAl'fBERNARDINO
COUNTY OF SAN BERNARDINO
By:
Fred Wilson,
City Manager
By:
Mark Uffer,
County Administrative Officer
Date:
Date:
APPROVAL AS TO FORM:
By:
James F. Penman,
City Attorney
By:
Ruth E. Stringer,
County Counsel
-5-
2008-49
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ATTACHMENT 1
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FOR COUNTY USE ONL Y
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~ New Vendor Code Depl. Contract Number
I- Change SC A
Cancel
County Department Depl. Orgn. Contractor's License No.
Community Development and Housing ECD PROJ
County Department Contract Representative Telephone Total Contract Amount
David G. Dobson, Director (909)388-0808 $381,555
D Revenue D Encumbered Contract Type
D Unencumbered lXI Other: Other Countv Department
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
January 1, 2008 June 30, 2008 $381,555
Fund Depl. Organization Appr. ObjlRev Source GRClPROJ/JOB No. Amount
SAR ECD PROJ , 540 5010 3148 $381,555
Fund Depl. Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Amount
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Fund Depl. Organization Appr. Obj/Rev Source GRClPROJ/JOB No. Amount
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Project Name Estimated PaymentTotal by Fiscal Vear
Operation Phoenix - FV Amount 110 FV Amount I/O
Del Rosa Area 2007-08 $381,555
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County of San Bernardino
CONTRACT TRANSMITTAL
CONTRACTOR Sheriffs Department
FederallD No. or Social Security No.
Contractor's Representative Sheree Stewart, Deputy Chief
"
Address 655 East Third Street, San Bernardino, CA
Phone (909)387-3405
Nature of Contract: (Briefly describe the general terms of the contract)
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Approval of this item will enable the extension of Operation Phoenix activities to tho e U~~Boilated Area of Del Rosa.
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"Operation Phoenix" is a comprehensive crime prevention and nei~QQ~';;\d'iri!Vitalization program that involves youth
programs, health services, intensive code enhancement activiti~..~n, \iff' increase in police patrols. The City of San
Bernardino has successfully implemented the "Operation Phoe,Qix"!lprog,am in a portion of the City and now wishes to expand
the program to additional areas, one of which includese~~nSj6\lheunincorporat~.., a. of Del Rosa.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
COUNTY OF SAN BERNARDINO SHERIFF'S DEPARTMENT
AND
COUNTY OF SAN BERNARDINO
COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENT
WHEREAS, the County of San Bernardino ("County") has entered into a contract with
City of San Bernardino ("City") regarding Operation Phoenix, a coordinated response to
crime and related family and youth issues in certain targeted areas of the City of San
Bernardino and the Unincorporated Area known as Del Rosa; and
WHEREAS, the County, as its participation in Operation Phoenix, has committed
additional resources to be provided by the Sheriff's Department ("Sheriff") within the
Unincorporated Area of Del Rosa; and
WHEREAS, in order to provide the additional resources, Sheriff requires additional
County funding; and
WHEREAS, there are currently adequate Program Income Funds available in the
Neighborhood Initiative Program (NIP) Fund, administered by the Community
Development and Housing Department (CD H), which can be used to provide increased
resources through Sheriff; and
WHEREAS, CDH and Sheriff are entering into this Memorandum of Understanding
("MOU") in order to provide the funding for additional Sheriff resources.
NOW, THEREFORE, both parties hereby agree as follows:
Section 1. Commitment of Additional Resources. Sheriff hereby agrees to provide
additional resources, over and above those service levels previously provided to the
Unincorporated Area of Del Rosa, as follows: three (3) additional Deputy Sheriffs, one
(1) Sergeant and all necessary vehicles.
Section 2. Funding. In exchange for providing the additional resources, CDH will
reimburse $381,555 to cover the costs of providing those additional resources.
Reimbursement will be made monthly upon submittal of a Reimbursement Request,
along with a Certification and all supporting documentation necessary to demonstrate that
the service levels provided were over and above the normal previously provided service
levels in the Del Rosa Area. In the event of an extension as described in Section 3
hereof, CDH is under no obligation to provide additional funding.
Section 3. Term. This MOU shall commence as of January I, 2008, and terminate June
30, 2008. In the event the City extends Operation Phoenix, the County continues to
participate in the Program and funds remain unspent from the original allocation, Sheriff
may request an extension of time in which to complete the services to be provided. Both
Sheriff and Director ofCDH may extend this MOO, for time only, without further Board
of Supervisors' approval.
Section 4. Modifications. No modifications may be made to this MOO unless in
writing. Both Sheriff and Director of CDH are authorized to make modifications to this
MOO, with the exception of any increase in funding, without further Board of
Supervisors' approval. Any increase in funding must be approved by the Board of
Supervisors.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
last date indicated below.
SHERIFF'S DEPARTMENT
Gary Penrod,
Sheriff
By:
Date:
Date:
APPROVAL AS TO FORM:
By:
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ATTACHMENT 1
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
. OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
. .
February 5, 2008
FROM:
DAVID G. DOBSON, Director
Community Development and Housing Department
MEMORANDUMS
SUBJECT: NEIGHBORHOOD INITIATIVE PROGRAM
UNDERSTANDING AND RELATED ACTIONS
RECOMMENDATION:
OF
1) Increase the allocation of Neighborhood Initiative Program (NIP) income funds by $1,000,
bringing the total amount allocated to $544,555.
2) Approve Memorandum of Understanding (MOU) between the County of San Bernardino and
the City of San Bernardino (Agreement No. 08-99) in the amount of $98,000, for expansion
of the Operation Phoenix Youth Programs within the Unincorporated Area of Del Rosa and
authorize the County Administrative Officer to execute the MOU.
3) Approve MOU between the Department of Community Development and Housing (CDH) and
the Sheriff's Department (Agreement No. 08-100) in the amount of $381,555, for enhanced
levels of service in conjunction with the Operation Phoenix Program efforts within the
Unincorporated Area of Del Rosa and authorize both the Director of CDH and the Sheriff to
execute the MOU to provide those resources.
4) Approve an additional allocation of $65,000, increasing the existing MOU between CDH and
Land Use Services Department to provide enhanced code enforcement within the Operation
Phoenix area.
BACKGROUND INFORMATION: On November 20, 2007 (Item No.5), the County Board of
Supervisors approved the use of NIP funds to create a new Operation Phoenix Target Area
comprised of portions of both the County of San Bernardino and the City of San Bernardino. The
Board of Supervisors committed $543,555 to the project at that time and requested that
Memorandums of Understanding (MOUs) be developed delineating the scope of work and
funding. The City of San Bernardino's final costs related to the services they are to provide were
increased by $1,000 necessitating an increase in the total allocated amount of NIP funds to
$544,555.
ee: CDH - Dobson wi (4) agrees
Contractor(s) cia CDH wi agree
NC-R - Aects Payable Mgr wi agree(s)
NC-R - General Aee! Mgr wi agree(s)
Perieulum cia Risk Mgmt wi agree(s)
Risk Mgmt
Co. Counsel - Blakemore
CDH - Milian
Sheriff - Stewart
LUSD - Rogers
CAG - Valdez
File wi agree(s)
ed 1/19/08
Page 1 of 2
Reeord of Action of the Board of Supervisors
Agreement Nos. 08.99, 08-100
APPROVED LENDAR)
B 5
C INO
MOTION AYE OVE SECONO
1 4 5
BY
DATED:
ITEM 025
, ,
,
BOARD OF SUPERVISORS
NEIGHBORHOOD INITIATIVE PROGRAM MEMORANDUMS OF UNDERSTANDING
AND RELATED ACTIONS
FEBRUARY 5, 2008
PAGE 2 of2
"Operation Phoenix" is a comprehensive crime prevention and neighborhood revitalization
program that involves youth programs, health services, intensive code enforcement activities and
an increase in police patrols. The City of San Bernardino has successfully implemented the
"Operation Phoenix" Program in a portion of the City and now wishes to expand the program to
additional areas, one of which includes portions of the Unincorporated Area of Del Rosa.
Approval of these recommendations will enable the extension of Operation Phoenix activities to
the Unincorporated Area of Del Rosa. While the City/County MOU indicates a December 1,
2007, start date, County participation began on January 1, 2008. No reimbursement of costs
incurred by the City prior to January 1, 2008, will be authorized or paid. Operation Phoenix
activities are anticipated to be provided through June 30, 2008, in accordance with the MOU
provisions. Upon written approval, the duration of these MOUs may be extended by the
signatories, but once the committed funds have been expended, the County is not committed, nor
obligated to continue to fund this program. No further approval at the Board of Supervisors is
required to initiate such extensions.
REVIEW BY OTHERS: This item has been reviewed by County Counsel (Michelle D.
Blakemore, Deputy County Counsel, 387-5445) on January 28, 2008; the Department of
Community Development and Housing (Arthur T. Milian, Contract Compliance Designee, 388-
0962) on January 28, 2008; the Sheriff's Department (Sheree Stewart, Deputy Chief, 387-3405)
on January 28,2008; Land Use Services Department (Randy Rogers, Deputy Director, 387-9050)
on January 28, 2008; and the County Administrative Office (Beatriz Valdez, Principal
Administrative Analyst, 387-5301) on January 28, 2008.
FINANCIAL IMPACT: The approval of this item will impose no financial impact on the County's
General Fund, Community Development Block Grant Program Fund or HOME Program Fund.
Neighborhood Initiative Program income funds in the amount of $544,555 will be used to pay
obligations associated with these MOUs. Sufficient appropriation and revenue exist in CDH's
Fiscal Year 2007-08 Budget (SAR-ECD) to fund the enhanced levels of service.
SUPERVISORIAL DISTRICT(S): Third
PRESENTER: David G. Dobson, Director, 388-0808
2/5/08 025
.
FOR COUNTY USE ONL Y
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New Vendor Code Dept. Contract Number
Change CITYOFS772 SC A O'tqr
Cancel
County Department Dept. Orgn. Contractor's License No.
ommunity Development and Housing ECD PROJ
County Department Contract Representative Telephone Total Contract Amount
David G. Dobson, Director (909)388-0808 $98,000
County of San Bernardino
FAS
Contract Type
o Revenue [Xl Encumbered D Unencumbered D Other:
CONTRACT TRANSMITTAL
If not encumbered or revenue contract type, provide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
q5~OD January 1, 2008 June 30, 2008 $98,000
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
SAR ECD PROJ 200 2005 ODeD 3150 $98,000
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name
Operation Phoenix-
Del Rosa Area
FY
2007-08
Estimated Payment Total by Fiscal Year
Amount lID FY Amount
$98,000
lID
CONTRACTOR City of San Bernardino
FederallD No. or Social Security No. N/A
Contractor's Representative Fred Wilson, City Manager
Address 300 North "D" Street, San Bernardino, CA 92401
Phone (909)384-5122
Nature of Contract: (Briefly describe the general terms of the contract)
Approval of this item will enable the extension of Operation Phoenix activities to the u~incfrpa~eted Area of Del Rosa.
"Operation Phoenix" is a comprehensive crime prevention and neighbo.~Qopd\~J~li~;ion program that involves youth
programs, health services, intensive code enhancement activities and~~ il!.ci\!ase in police patrols. The City of San
Bernardino has successfully implemented the "Operation PhOeniX"?fdii~rilil'l a portion of the City and now wishes to expand
the program to additional areas, one of which includes portionslQ,f tilliLumncorporated area of Del Rosa.
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN
BERNARDINO FOR OPERATION PHOENIX EASTERN AREA
1. INTRODUCTION
The City of San Bernardino ("City") has developed and initiated Operation Phoenix, a
coordinated response to crime and related family and youth issues and to create long-term
neighborhood assets, in target areas in the City with a high rate of Part I crimes.
Operation Phoenix addresses the complex issues contributing to crime and violence
through partnership with the County of San Bernardino ("County"), the San Bernardino
City Unified School District, the State Department of Corrections, California State
University San Bernardino, and other public agencies and private organizations.
The initial success of Operation Phoenix between June 10,2006 and December 31, 2006,
included a 37.59% reduction in UCR Part I crime in the original target area. There was
also a 21.1 I % citywide reduction of UCR Part I crime, compared to 2005, during that
same time period.
On June 4, 2007, the City Council identified five additional target areas for possible
expansion of Operation Phoenix:
. Central Area (expanded) one mile radius of Wabash and Sierra
. Eastern Area one mile radius of Sterling and Highland
. Northern Area one mile radius of 44th and Sepulveda
. Western Area one mile radius of 16th and California
. Southern Area one mile circumference ofMiII and Meridian
Funding and operational expenses are limited for the expansion of this program. In order
to expand to the Eastern Area, which includes County unincorporated areas, the City and
the County are interested in entering into a Memorandum of Understanding to provide
shared resources. This sharing of resources is consistent with the continuing protocol of
combining City and County resources in the Central Phoenix Area.
2. DURATION OF AGREEMENT
This agreement is to be in effect from December 1, 2007 to June 30, 2008. This
agreement may be terminated at any time by thirty-(30) day's written notice by either
party. The terms of this agreement shall remain in force unless mutually amended in
writing. The duration of this agreement may be extended by the written consent of the
City Manager, and by the County's Director of Community Development and Housing.
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3. COMMITMENTS TO OPERATION PHOENIX EASTERN AREA
Countv Support
· The County Sheriff's Office will deploy I sergeant and 3 deputies for
purposes of coordination with the San Bernardino Police Department and
mutual efforts in the Operation Phoenix Eastern Area.
. The County will provide a 1.5 full-time Code Enforcement Officer who will
augment county code enforcement activities in the Eastern Phoenix Area,
including coordination and collaboration with city code enforcement activities
in the Eastern Phoenix Area. The full-time County Code Enforcement Officer
will be bilingual in Spanish.
. The County will make a $98,000 contribution to the City's Operation Phoenix
budget for purposes of defraying the costs associated with the City of San
Bernardino programs for the Operation Phoenix Eastern Area as described
below. The City will invoice the County on a quarterly basis for
reimbursement.
Citv of San Bemardino
. The City will create an Operation Phoenix Street Team and coordinate its
activities in the Eastern Area. The Street Team will consist of representatives
from the various partner agencies that are engaging residents in the target area
through City/County coordinated law enforcement, code enforcement, and human
services. Ongoing communication and coordination of partner agencies will occur
through regular meetings of the Street Team to maximize collaboration and
provide services to residents in the target area. A representative from the Sheriff's
Office and County Code Enforcement will be invited to participate in Street Team
meetings to insure coordinated efforts between City and County services.
. The City will establish a physical center in the Eastern Area to provide
supervised, after school and evening activities for children and youth, and their
families, in the focus area. The center will also act as the coordination location
for the Operation Phoenix Street Team and other various outreach activities by the
City, the County, and other government, nonprofit and community agencies.
. The City will augment police services, code enforcement services, and graffiti
abaternent in the Eastern Area and it will enhance street lighting and other public
improvements in the Eastern Area, as the Operation Phoenix budget provides.
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These mutual commitments by the County and the City will cover the area designated as
the Operation Phoenix Eastern Area which includes County unincorporated areas. A map
of the Operation Phoenix Eastern Area is attached as Attachment I.
If conflict resolution is required among City and County agencies, it will be facilitated
through the Operation Phoenix Steering Committee which serves as an advisory
committee on operational issues for Operation Phoenix. If satisfactory resolution is not
achieved through this forum, subsequent efforts to resolve the conflict will occur between
the Mayor's Office and the Board of Supervisors.
4. ADMINISTRATION
Administration of the Operation Phoenix program, including the County and City
commitments identified above, will be coordinated through the Operation Phoenix
Executive Team, which includes the Mayor, City Manager, Police Chief, Parks and
Recreation Director, and the Operation Phoenix Executive Director.
5. NOTICES
It is understood that the funds will be reimbursed monthly by the County upon submittal
of a reimbursement request from the City, with certification and supporting
documentation that the expenditures were utilized in the Eastern Operation
Phoenix/Arden-Guthrie target area. Any notices to be given pursuant to this Agreement
shall be deposited with the United States Postal Service, postage prepaid and addressed as
follows:
TO THE CITY:
TO THE COUNTY:
Fred Wilson, City Administrator
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5122
Tom Ramirez,
Community Development & Housing
215 North "D" Street, Suite 202
San Bernardino, CA 92415-0043
6. MUTUAL IDEMNIFICATION CLAUSE
The City of San Bernardino shall defend, indemnify, and hold the County of San
Bernardino, its officers, employees, and agents harmless from and against any and all
liability, loss, expense, attorney's fees, or claims for injuries or damages arising out of the
performance of this agreement, but only in proportion to, and to the extent such liability,
loss, expense, attorney's fees, or claims for injuries or damages are caused as a result of
the negligent or intentional acts or omissions of the City of San Bernardino or its
agencies, their respective officers, agents, or employees.
The costs, salaries, and expenses of the City Attorney and members of his office shall be
considered as "Attorneys' Fees" for the purposes of this paragraph.
-3-
The County of San Bernardino shall defend, indemnify, and hold the City of San
Bernardino, its officers, employees, and agents hannless from and against any and all
liability, loss, expense, attorney's fees, or claims for injuries or damages arising out of the
performance of this agreement, but only in proportion to, and to the extent such liability,
loss, expense, attorney's fees, or claims for injuries or damages are caused as a result of
the negligent or intentional acts or omissions of the County of San Bernardino or its
agencies, their respective officers, agents, or employees.
The costs, salaries, and expenses of the County Counsel and members of his office shall
be considered as "Attorneys' Fees" for the purpose of this paragraph.
7. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and
expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions or provisions hereof. The costs, salary and expenses of the City Attorney
and/or County Counsel and members of their offices in enforcing this Agreement shall be
considered as "attorneys' fees" for the purpose of this paragraph.
8. COOPERATIONjFURTHER ACTS
The Parties shall fully cooperate with one another, and shall take such additional acts or
sign such additional documents as may be necessary, appropriate, or convenient to attain
the purposes of this Agreement.
9. COUNTERPARTS
This Agreement may be signed in counterparts, each of which shall constitute an original
and which collectively shall constitute one instrument.
10. SUPERSEDING AGREEMENT
This Agreement supersedes any prior oral statements or agreements between or among
the Parties as related to the Operation Phoenix Eastern Area.
11. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the
validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance, and the remaining provisions of this Agreement
shall remain in full force and effect."
-4-
, ,.."
. .
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
last date indicated below.
BERNARDINO
COUNTY OF SAN BERNARDINO
By:
Mark Uffer,
County Administra
Date:
Date:
.,,? Ie' 1l'.P
APPROVAL AS TO FORM:
By:
~
es F. Penman,
Attorney
BY\"'~~
Ruth E. . er,
County Counse
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written pennission of the City of San Bernardino.
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