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HomeMy WebLinkAbout12890 ! I, r 1 2 3 4 5 Ii 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. /~J7)?4? RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO WESTS IDE COMMUNITY DEVELQPMEllIT CORPORATION RELATING TO THE CRIME AWARENESS PROGRAM. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with San Bernardino Westside Community Development Corporation relating to the Crime Awareness Program, a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at ~ ~A;;.I.J ---f~ I<-v meeting thereof, held on the j?l?f day of _____~~~~, 1977, by the following vote, to wit: AYES: Councilmen NAYS: ('1~-U7' j;h .h___~ ~A'~./ ~:~~~j?~ ~~~ cOY; ~//wljJ.i is hereby approved this day ABSENT: q:!! / The foregoing resolution of (J?-,~-;6- , [). 1977 . an Bernar 1no Approved as to form: <:F IL~,D c? AUG 151917 LUCILLE GQFORlt:t,CItySI.k .."i!!!z...~..""" 1 2 AGREEMENT (crime awareness program) 3 4 THIS AGREEMENT is made and entered into this /;<:t1. day of S , ~~~~~~' 1977, by and between the CITY OF SAN BERNARDINO, a munici#l corporation, hereinafter called "City", and SAN BERNARDINO WESTSIDE COMMUNITY DEVELOPMENT CORPORATION, a nonprofit 1 8 ~ community service organization, hereinafter called "Service Organization" . WIT N E SSE T H: 10 WHEREAS, Service Org~nization is desirous of continuing a 11 Crime Awareness Program using a communication center located at 12 the westside Shopping Center at 1724 West Highland Avenue, San 13 Bernardino, California, for the purpose of encouraging inhabitants 14 of the City to report crimes and possible crimes where the persons 15 who are the victims of or witnesses of crime are reluctant to 16 make direct contact with the Police Department of City for various 11 and sundry reasons; and 18 WHEREAS, the criminal awareness communication center is to 19 screen calls from citizens who either witnessed or who are victims 20 of crime and relay the information and data obtained to the Police 21 epartment or other appropriate agency; and 22 WHEREAS, City desires to grant certain funds for the use of 23 Service Organization for the aforesaid purpose upon certain con- 24 itions and with the understanding that the receipt of said funds 2S shall not imply a continuing obligation of the City beyond the 26 term of this agreement; and 27 WHEREAS, Service Organization has represented that the 28 xpenditures authorized are for valid municipal public purposes, 1 to wit: to assist the Police Department of City in the detection 2 of criminal activity and to encourage the citizenry to work 3 cooperatively with the Police Department of City and other appro- 4 priate governmental agencies, S NOW, THEREFORE, it is mutually agreed by the parties hereto 6 as follows: 7 1. Term. The term of this agreement shall be for a 8 period from August 1, 1977 through December 31,1977, unless sooner 9 terminated as hereinafter set forth. 10 2. City shall pay to Service Organization, the total sum 11 of fifteen hundred dollars ($1500.00) which said sum shall be paid 12 in five equal monthly installments of three hundred dollars 13 ($300.00) commencing August 1, 1977, and continuing thereafter on 14 the first day of each of the following months. 15 3. Sums paid to Service Organization shall be used by it 16 solely for the purpose set forth in this agreement, i.e., to fund 17 the activities of Service Organization's Crime Awareness Program 18 as set forth herein. Said funds shall be expended only for the 19 items set forth in Service Organization's budget for said Crime 20 Program .for the term of this agreement, a copy of said 21 is attached hereto, marked Exhibit "A" and incorporated 22 by reference as though set forth in .full and at length. 23 otwithstanding the foregoing, it is understood and agreed that 24 Service Organization will provide for 'and promptly pay the rent 2S for the term of this agreement for their location at 1724 West 26 ighland Avenue, San Bernardino, California, from said funds. A 27 en percent (10%) or less transfer of funds shall be allowed on 28 ny budget line item provided the prior approval of the City -2- 1 2 Administrator of City is first had and obtained. At the end of said term all unexpended funds granted hereunder shall be returned I I I ! , 3 to City by Service Organization. 4 4. Prior to the final payment under this agreement, and 5 , at such other times as may be requested by the City Administrator or Director of Finance of City, the Service Organization shall submit to the City Administrator, with a copy to the Director of 7 8 9 Finance, an accounting of the proposed and actual expenditures of said funds, including the line item amounts and purposes for which 10 said funds have been spent or obligated. The accounting or 11 financial statement of Service Organization shall separate ex- 12 penditures for the Crime Awareness Program from other organization~ 13 al expenditures. Expenditures shall be identified according to 14 the type of expenditure: rent, costs of materials and supplies, 15 utility costs, long distance phone calls, automobile and travel 16 costs, etc. Fiscal records shall be maintained by Service 17 Organization in such a manner as to permit the City to easily trace the expenditures of the funds. All books and records of ! Service Organization are to be kept open for inspection at any I time during the business day by the City or its officers or agents The accounting report shall be submitted by the Service Organiza- 22 tion in conformance with established City guidelines. Internal 18 19 20 21 23 controls shall be implemented by Service Organization to comply 24 with these, guidelines and said audit, guide. Service Organization 25 shall comply with any rule or regulation of the Mayor and Common 26 Council concerning services provided by organizations funded with 27 City revenue, labor, equipment or supplies as may be now in effect 28 or hereinafter enacted. -3- 1 5. The services of Service Organization funded hereunder 2 shall be made available to all residents and inhabitants of the I I because 3 City of San Bernardino. No person shall be denied service 4 of race, color, creed, or sex. Service Organization shall have 5 and comply with Affirmative Action guidelines in its employment 6 practices. 7 6. City reserves the right to require Service Organization to obtain the written consent of City prior to the imposition of 8 9 any charges or fees for any service to be rendered in connection with the Crime Awareness Program. 10 11 7. Service Organization agrees that it shall maintain detailed records of all contacts made to it by members of the public and shall make available to investigating officers of Police Department promptly, upon the request of the Police Depart- 12 13 14 15 16 ment, the maximum possible information regarding victims of crime, witnesses and potential witnesses to crimes, etc., in order that 17 the Police Department may properly investigate and prepare cases 18 against alleged criminal offenders. It is recognized that some 19 information received through the Crime Awareness Program may be 20 of a confidential nature and that it may not be possible for all 21 such information to be. given to the Police Department. However, 22 every effort will be made by personnel in the Program to report 23 as much detail as possible. Service Organization agrees to per- 24 form all acts and do all things necessary to encourage the 25 cooperation of said victims and witnesses with the Police Depart- 26 ment of City. 27 8. Service Organization represents and warrants to City 28 that it will have no part in organizing any regular patrol or -4- 1 2 3 4 5 , 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 25 26 27 28 vigilante-type organization, and in the event that City, in its sole discretion, determines that said Service Organization is causing the Crime Awareness Program to be so conducted, then this agreement shall terminate forthwith, and Service Organization shall immediately refund to City all unexpended funds. 9. Service Organization agrees to maintain comprehensive and complete records of its activities and agrees to make said records available to City and to City's Chief of Police, forth- with upon the demand of either, at all reasonable times and places and further agrees to report at times and in a form satiSfactory to the Chief of Police, Crime Awareness Program activities and all other information requested by the Chief of Police. Said reports shall include a specification of all contacts made to it by the citizenry in such form or forms as designated by the Chief of Police of City. Comprehensive monthly reports will be submitted to the Chief of Police on or before the 5th day of the month following the month being reported. Further, Service Organization understands that the Chief of Police of City has been directed by the Mayor and Common Council of City to render a complete report on Service Organization's activities on December 5, 1977. Service Organization shall cooperate fully with the Chief of Police to enable him to render a satisfactory report to the Mayor and Common Council as directed. 10. The Service Organization's communication center shall be maintained, open and operative from 9:00 a.m. to 2:00 a.m. on each weekday during the term hereof and from the period from 6:00 p.m. Saturday to 2:00 a.m. on Sunday during the term hereof. A list of calls, crimes and times reported to the Police shall be -5- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 11 18 19 20 21 n 23 ~ 25 26 27 28 typed daily. Every Friday during the term hereof the said daily reports of the week's activities shall be forwarded to the Police Department of City. 11. Service Organization agrees to conduct its activities and provide supervision for the performance of its functions in connection with the Crime Awareness Program provided for herein in accordance with related rules and regulations and directives promulgated by the Police Department of City. The activities of Service Organization shall not, directly or indirectly, interfere or conflict with procedures for emergency calls by citizens to the Central Communication Division to report crimes as established by said Division or the Police Department. 12. City agrees to make available to Service Organization during the term hereof, three CETA VI employees, whiCh said employees shall be at the grade of PSW-Utility I, and which said three CETA VI employees shall be required to work for a total of 110 man hours per week in the program. 13. The City Administrator, with the concurrence of the Mayor, subject to ratification by the Common Council, is authorize to place a temporary freeze on or terminate the payment of funds to Service Organization when any violation of the agreement, in the discretion of said City Administrator, occurs and the same shall continue until such violation is corrected to the satisfacti n of the Mayor and Common Council. 14. Service Organization hereby covenants. and agrees to indemnify and save harmless the City and its employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses however occurring, or damages arising or . growing out of the use or receipt of the funds paid hereunder and -6- I; . I 1 all operations under this agreement; payments hereunder are made 2 with the understanding that the City is not involved in the 3 performance of services or other activities of Service Organizatio . 4 Service Organization and its employees and agents are independent 5 contractors and not employees or agents of the City in performing , said services. 7 8 15. The Service Organization agrees to conform to and abide by the provisions of "Section 1. Recommendations", of a portion 9 of a report entitled "Report of the Special Council Subcommittee 10 for Social Service Funds" dated and adopted on February 18, 1975 11 and on file in the Office of the City Clerk of City. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. If Service Organization shall fail to comply with any term, condition or provision of this agreement or to expend or use the funds as herein provided, the City may terminate this agreement by mailing written notice to Service Organization, and this agreement shall thereupon terminate forthwith. City shall have the right to terminate this agreement and any funding hereunder for any reason by mailing a ten (10) day written notice to Service Organization and this agreement shall terminate ten (10) days after the mailing of such notice; and thereafter any unpaid funds shall not be pro-rated or paid to Service Organization. 17. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 San Bernardino Wests ide Community Development Corp. 1724 West Highland Avenue San Bernardino, CA 92411 -7- 1 2 IN WITNESS WHEREOF, the parties hereto have executed this 3 agreement on the date first hereinabove written. 4 5 6 ATTEST: C 7 8 9 10 11 12 Approved as to form: ~~P C~ty orney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN BERNARDINO or Pro Tempore N BERNARDINO WESTSIDE):on;MUNITY DEVELOPMENT CORP .... By '-' Title -8- ( ( CRIME AWARENESS CENTER COMMUNICATION CENTER SIX-MONTH BUDGET, MODIFICATION 1 ~'O SALARIES & WAGES: To be supplied through CETA OFFICE.....................$ ~ FRINGE BENEFITS: See above . . . . . . . . . . . . . . . . . . . . . $ Total Salaries, Wages Fringe Benefits SPACE COSTS & RENTAL: Rental: No Charge first six months . . . . . . . . . . . . . . . . . . . . . $ ~. $ .~ ~ Leasehold Improvements: ~ Repairs, construction of officece, etc.................$ 1,00&.00 Alarm System: Installation charges {Necessary for the protection of equipment, furnishings and supplies housed in the Communications Center) .....................$ Monthly Alarm System fee @ $66/mo X 6 mos .............$ 670.00 330.00 Total Space Costs & Rentals $ 2,000.00 OFFICE EQUIPMENT & FURNISHINGS: Citizens Band Base Unit and Licensing (Transmitter & Receiver, microphone and antenna ....$ One (1) Numbering Devise and. Ink Pad ..................$ .One (1) Eme7gency Channel Scanner Unit ................$ Two (2) Scribers for the purpose of identification ~ marking for residents' property @ 40.00 each ......$ Two (2) desks, two (2) chairs & one (1) file cabinet ..$ Total Office Equipment & Furnishings UTILITIES: Gas, electricity, water and telephone CONSUMABLE SUPPLIES: Desk Top Supplies: Three (3) staff persons @ $lO/mo ea. X 6 mos. Postage :. .....$ @ $30/mo X 6 mos . . . . . . . . . . . . . . . . . . . . . $ Total Consumable Suppl~es $ / Glhllnj A' 662.00 30.00 150.00 80.00 400.00 $ 1,322.00 646.00 180.00 180.00 360.00 ( ( Crime Awareness Program Communication Center Six-Month Budget, Modification 1 (Cont.) PUBLIC RELATIONS & PUBLIC AFFAIRS: printing & Reproduction: $45/mo X 6 mos. . . . . . . . . . . . . . . . . . . . . . . . $ Advertising (handouts, pamphlets stickers, etc.) .......$ Total Public Relations & Public Affairs 310. 240. $ 550. INDIRECT COSTS: To include any contingency items which may arise @ 35/mo X 6 mos .......................$ 2~0. Total Budget $ 5,088. .~ . DR/mb Mod. 1 - 5/5/77 .' Page 2 Of 2 /