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HomeMy WebLinkAbout12651 ~,--'~_.,- t 1 RESOLUTION NO. /:;.tS'/ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO WESTS IDE COMMUNITY 3 DEVELOPMENT CORPORATION PROVIDING FOR THE FUNDING OF A CRIME AWARENESS PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 8 9 10 authorized and directed to execute on behalf of said City an agreement with San Bernardino Westside Community Development Corporation providing for the funding of a crime awareness pro- gram, a copy of which is attached hereto, marked Exhibit "I" and 11 12 incorporated herein by reference as fully as though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 15 adopted by the Mayor and Common Council of the City of San 17 vote, to wit: ~ meeting thereof, held ~!~ ' 1977, by the following V cormOilme~;t'h: ~/_.., ~ Y.!,--!",- - __ /f ) '-/ .1V.././?1..//./'l'7;'A~ <~.L:.-n piA./' '-J ) /~~~ ( 16 Bernardino at a on the ,.3M day of 18 19 AYES: 20 NAYS: 21 ABSENT: 22 '-~~'!'&Ci~' The foregoing resolution is hereby appr this~~; day of t~/./Lr. , 1977. t / i -' V 23 24 25 26 27 APpr~t~e~. t ~/ ~) City At orney 28 1 A G R E E MEN T 2 (crime awareness program) THIS AGREEMENT is made and entered into this ~~~. day of 9d.-.?../'hV"""1:!' ,1977 by and between the CITY OF SAN BERNARDINO, fimuniciPa corporation, hereinafter called "City", and SAN 3 4 5 6 BERNARDINO WESTSIDE COMMUNITY DEVELOPMENT CORPORATION, a nonprofit 7 community service organization, hereinafter called "Service 8 Organization" . 9 WIT N E SSE T H: 10 WHEREAS, Service Organization is desirous of conducting a 11 Crime Awareness P,rogram using a communication center located at 13 Bernardino, California, for the purpose of encouraging inhabitants 12 the Westside Shopping Center at 1724 West Highland Avenue, San 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 17 and sundry reasons; and 18 WHEREAS, the criminal awareness communication center is 19 to screen calls from citizens who either witnessed or who are 20 victims of crime and relay the information and data obtained 21 to the Police Department or other appropriate agency; and 22 WHEREAS, City desires to grant certain funds for the use 23 of Service Organization for the aforesaid purpose upon certain 24 conditions and with the understanding that the receipt of said 25 funds shall not imply a continuing obligation of the City beyond 26 the term of this agreement; and 27 WHEREAS, Service Organization has represented that the 28 expenditures 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 "cooperation" of the 3 citizenry with the Police Department of City and other appropriate 4 governmental agencies, 5 NOW, THEREFORE, it is mutually agreed by the parties 6 hereto as follows: 7 1. Term. The term of this agreement shall be for a 8 period from December 20, 1976 through June 30, 1977, unless sooner 9 terminated as hereinafter set forth. 10 2. City shall pay to Service Organization the total sum 11 Ii of II P Dollars 12 ) of which the sum of two thousand dollars ($2,000.00) 13 has previously been advanced by City to Service Organization. The 14 remaining balance of 15 ($ ) shall be paid as follows: in six equal monthly 16 installments over the balance of the term of this agreement 17 commencing , 1977. 18 3. Sums paid to Service Organization shall be used by it 19 solely for the purpose set forth in this agreement, i.e., to 20 fund the activities of Service Organization's Crime Awareness 21 Program as set forth herein. Said funds shall be expended only 22 for the items set forth in Service Organization's budget for said 23 Crime Awareness Program for the term of this agreement, a copy of 24 said budget is attached hereto, marked Exhibit "A" and 25 incorporated herein by reference as though set forth in full and 26 at length. A ten percent (10%) or less transfer of funds shall be 27 allowed on any budget line item provided the prior approval of the 28 City Administrator of City is first had and obtained. At the end -2- 1 of said term, all unexpended funds granted hereunder shall be 2 returned to City by Service Organization. 3 4. Prior to the final payment under this agreement, and 4 at such other times as may be requested by the City Administrator 5 or Director of Finance of City, the Service Organization shall 6 submit to the City Administrator, with a copy to the Director of 7 Finance, an accounting of the proposed and actual expenditures of 8 said funds, including the line item amounts and purposes for which 9 said funds have been spent or obligated. The accounting or 10 financial statement of Service Organization shall separate 11 expenditures for the Crime Awareness Program from other organiza- 12 tional expenditures. Expenditures shall be identified according 13 to the type of expenditure: costs of materials and supplies, 14 utility costs, long distance phone calls, automobile and travel 15 costs, etc. Fiscal records shall be maintained by Service 16 Organization in such a manner as to permit the City to easily 17 trace the expenditures of the funds. All books and records of 18 Service Organization are to be kept open for inspection at any 19 time during the business day by the City or its officers or agents 20 The accounting report shall be submitted by the Service 21 Organization in conformance with established City guidelines. 22 Internal controls shall be implemented by Service Organization to 23 comply with these guidelines and said audit guide. Service 24 Organization shall comply with any rule or regulation of the 25 Mayor and Common Council concerning services provided by 26 organizations funded with City revenue, labor, equipment or 27 supplies as may be now in effect or hereinafter enacted. 28 5. The services of Service Organization funded hereunder -3- 1 shall be made available to all residents and inhabitants of the 2 City of San Bernardino. No person shall be denied service because 3 of race, color, creed, or sex. Service Organization shall have 4 and comply with Affirmative Action guidelines in its employment 5 practices. 6 6. City reserves the right to require Service Organization 7 to obtain the written consent of City prior to the imposition of 8 any charges or fees for any service to be rendered in connection 9 with the Crime Awareness Program. 10 7. Service Organization agrees that it shall maintain 11 detailed records of all contacts made to it by members of the 12 public and shall make available to investigating officers of 13 Police Department promptly, upon the request of the Police Depart- 14 ment, the maximum possible information regarding victims of crime, 15 witnesses and potential witnesses to crimes, etc., in order that 16 the Police Department may properly investigate and prepare 17 cases against alleged criminal offenders. It is recognized that 18 some information received through the Crime Awareness Program may 19 be of a confidential nature and that it may not be possible for 20 all such information to be given to the Police Department. Howeve, 21 every effort will be made by personnel in the Program to report 22 as much detail as possible. Service Organization agrees to 23 perform all acts and do all things necessary to encourage the 24 cooperation of said victims and witnesses with the Police Depart- 25 ment of City. 26 8. Service Organization agrees to cause to be installed 27 into the City's Communication Center a "hotline" telephone line 28 for the purpose of transmitting requests for emergency service. -4- The Communication Division of City shall be responsible for screening said calls and relaying same promptly to the proper agency for response. The Service Organization agrees that the telephone number for said "hotline" shall be maintained as a confidential number and restricted to appropriate personnel who are to be held responsible for maintaining the confidentiality of said telephone number. In the event said number is disclosed, Service Organization shall, upon the request of City, promptly cause said number to be changed to a new confidential telephone number. The cost of the installation of said "hotline" and any number changes shall be at the sole expense of Service Organiza- tion. 9. Service Organization represents and warrants to City that it will have no part in organizing any regular patrol or 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. 10. Service Organization agrees to make available to City all of its records in connection with the Crime Awareness Program forthwith upon demand of City at all reasonable times and places and agrees to report on a monthly, or other basis as determined by City, to the City Police Department, all contacts made to it by the citizenry. Monthly reports shall be due on or before the 5th day of the following month for the preceding full month period and shall be in such form or forms as designated by the Police Department of City. -5- 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 11. 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 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. 12. 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 establishe by said Division or the Police Department. 13. 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. 14. The City Administrator, with the concurrence of the Mayor, is authorized 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 satisfaction of the City Administrator. -6- 1 15. Service Organization hereby covenants and agrees to 2 indemnify and save harmless the City and its employees and agents I 3 from all liabilities and charges, expenses (including counsel 4 fees), suits or losses however occurring, or damages arising or 5 growing out of the use or receipt of the funds paid hereunder and 6 !all operations under this agreement;payments hereunder are made I 7 with the understanding that the City is not involved in the 8 !performance of services or other activities of Service Organizatio i 9 Iservice Organization and its employees and agents are independent 10 Ilcontractors and not employees or agents of the City in performing ! 11 said services. 12 16. The Service Organization agrees to conform to and abide 13 by the provisions of "Section 1. Recommendations", of a portion 14 of a report entitled "Report of the Special Council Subcommittee 15 for Social Service Funds" dated and adopted on February 18, 1975 16 and on file in the Office of the City Clerk of City. 17 17. If Service Organization shall fail to complY with any 18 term, condition or provision of this agreement or to expend or 19 use the funds as herein provided, the City may terminate this 20 agreement by mailing written notice to Service Organization, and 21 this agreement shall thereupon terminate forthwith. 22 City shall have the right to terminate this agreement and 23 any funding hereunder for any reason by mailing a ten (10) day 24 written Notice to Service Organization and this agreement shall 25 terminate ten (10) days after the mailing of such notice; and 26 27 28 -7- 1 thereafter any unpaid funds shall not be prorated or paid to 2 Service Organization. 3 IN WITNESS WHEREOF, the parties hereto have subscribed 4 their names the day and year first hereinabove written. 5 6 I I ATTEST: 7 . / ~/ , ;/,". ,/ (-- - ' A7./. , // 8' C ty cirk ~ /, / 9 10 11 12 13 14 15 16 Approved as to form: ~..<~.. ~ (/)f::h{>:~-:5) ::. _ _ '}{~~'~--c...__,"_' ~Tty A1; orney 17 18 19 20 21 22 23 24 25 26 27 28 -8- B CITY Hayor SAN BERNARDINO WESTSIDE COHHUNITY DEVELOPI~NT CORPORATION !~ /2/~? ~/ By Title "::h:e~F 7Ate t/ / , . . , .. '." . PROPOSED 6 month p~riod) BUDGET SPACE COSTS: Utilties: Telephone Installation Fee Monthly Billing (Average) .,', .' . Electn.ci ty . , Deposit' Monthly Billing (Average) Gas Deppsit Monthly Billing (Average) Water Deposit. Monthly Billing (Average) CITIZENS BAND BASE UNIT: Plus Antena Lic;ense DESK TOP SUPPLIES: ~_Staff, @ $16.65 ea. SCRIBER: - This can be used on loan or in the office by citizens. BUILDING SUPPLIES: MISCELLANEOUS: BUILDING: Supplied by H. Mitchell, West Side Shopping Center for first six (6) months. At the end of 6 months we will be responsible for paying rent. $lOO.OO/month . TOTAL MONTHLY COST: TOT~L STARTING COST: TOTAL ESTIMATED COST FOR SIX MONTHS: 31~ f. -,48 ~,;'iOl (,LZ~:?- 36 , - 100<> ~ 'wo OZ'" r'() go ;" 30 SO '3Q I'f . '>~ z. ,~ '':f~ .~ ~ (,82- ~ h-f:.. . 187.(. CPit.. ~ ---- 81~ n:.!- [).l<'7C -3; '7a~ $ JM.~~Q.9.~ $ 20 . 00" .. .:no $ 30.0~* $ e:.~......._ 50.00.- -.-..,. $ 30.00* ...~""",,",:~ $ 50.00~ --".. $ 30.00* . "....~.-:'J...l~ $ 14.00---- $ 350.00* $ ...-....".. .-...... 12.00* ...,....~ti,..~~. $ 49.95-.-.... $ 30.00*.. ' ...'l)"!l'o'~" $ - 1.-..Q,o Q. ,J) Q..* $ ~ ,!l.q.9.~Ojl..* $ N/c $ 1,103.70 $ 2,682'.00* $ 3,785.70. Requesting that the above monies be provided by Revenue Sharing or by the San Bernardino Police Department. * Starting Cost EXHIBIT "An