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HomeMy WebLinkAbout26-Mayor's Office ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Mayor Patrick J. Morris Subject: Resolution of the Mayor and Common Council of the City of San Dept: Mayor's Office Bernardino authorizing the City Manager to execute the Memorandum of Understanding Date: January 23, 2008 between the County of San Bernardino and the City of San Bernardino for the Operation M/CC Meeting Date: February 4, 2008 Phoenix Eastern Area. Synopsis of Previous Council Action: November 15, 2007 —M/CC approved the expansion of the Operation Phoenix Neighborhood Initiative and authorized the City manager to execute the proposed Memorandum of Understanding subject to review and approval by the City Attorney; and, Authorized the Director of Finance to amend the FY 2007-2008 Adopted Budget to reflect the $518,900 cost to expand the Operation Phoenix Neighborhood Initiative for the remainder of FY 2007-2008, and to reflect the associated revenue reimbursement of$388,900 ($98,000 from the County and $290,900 from EDA). Recommended motion: Adopt resolution. a„ g Contact person: Kent Paxton Phone: 5133 Supporting data attached: Staff report, resolution&MOU Ward: 4 & 7 FUNDING REQUIREMENTS: Amount: none Source: (Acct. No.) (Acct. Description) Finance: Council Notes: sp Zob 8— Agenda Item No. 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 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. Background: On November 15, 2007, the City Council approved the expansion of the Operation Phoenix Neighborhood Initiative, authorizing the execution of a Memorandum of Understanding with the County, and authorizing the Director of Finance to amend the FY 07-08 Adopted Budget to reflect the cost of expanding the Operation Phoenix Neighborhood Initiative for the remainder of FY 07-08. Today's action, approving the Memorandum of Understanding in legal form, will allow the City to execute the M.O.U. with the County and receive the $98,000 in County funds to support Operation Phoenix. Fiscal Impact: None. Recommendation: Adopt resolution. C (OPY 1 RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN 5 BERNARDINO AND THE CITY OF SAN BERNARDINO FOR THE OPERATION PHOENIX EASTERN- 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized 9 and directed to execute on behalf of said City, the Memorandum of Understanding with the 10 11 County of San Bernardino for the Operation Phoenix Eastern Area, a copy of which is attached, 12 hereto, marked Exhibit A, and incorporated herein by reference as fully as though set forth at 13 length. 14 SECTION 2. The authorization to execute the above referenced agreement is rescinded 15 if the parties to the agreement fail to execute it within ninety (90) days of passage of this 16 resolution. 17 18 19 20 21 22 23 24 /// 25 26 1H 27 28 1H - N - 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN 4 BERNARDINO AND THE CITY OF SAN BERNARDINO FOR THE OPERATION .PHOENIX EASTERN AREA. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th day 8 of February, 2008, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 12 BAXTER 13 BRINKER 14 DERRY 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of , 2008. 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to 25 Form: 26 JAMES F. PENMAN, 27 City Attorney 28 By: - 2 - Exhibit A 1 MEMORANDUM OF UNDERSTANDING 2 BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF 3 SAN BERNARDINO FOR OPERATION PHOENIX EASTERN AREA 4 1. INTRODUCTION 5 6 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 7 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 8 violence through partnership with the County of San Bernardino ("County"), the San Bernardino City Unified School District, the State Department of Corrections, 9 California State University San Bernardino, and other public agencies and private 10 organizations. 11 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. 12 There was also a 21.11% citywide reduction of UCR Part I crime, compared to 13 2005, during that same time period. 14 On June 4, 2007, the City Council identified five additional target areas for possible expansion of Operation Phoenix: 15 • Central Area(expanded) one mile radius of Wabash and Sierra 16 . Eastern Area one mile radius of Sterling and Highland 17 • Northern Area one mile radius of 44`h and Sepulveda 0 Western Area one mile radius of 16`' and California 18 • Southern Area one mile circumference of Mill and Meridian 19 Funding and operational expenses are limited for the expansion of this program. In 20 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 21 Understanding to provide shared resources. This sharing of resources is consistent with the continuing protocol of combining City and County resources in the Central 22 Phoenix Area. 23 2. DURATION OF AGREEMENT 24 This agreement is to be in effect from December 1, 2007 to June 30, 2008. This 25 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 26 amended in writing. The duration of this agreement may be extended by the written 27 consent of the City Manager, and by the County's Director of Community Development and Housing. 28 1 3. COMMITMENTS TO OPERATION PHOENIX EASTERN AREA 2 3 County Support 4 • The County Sheriff's Office will deploy 1 sergeant and 3 deputies for purposes of coordination with the San Bernardino Police Department and 5 mutual efforts in the Operation Phoenix Eastern Area. 6 The County will provide a 1.5 full-time Code Enforcement Officer who 7 will augment county code enforcement activities in the Eastern Phoenix Area, including coordination and collaboration with city code 8 enforcement activities in the Eastern Phoenix Area. The full-time County 9 Code Enforcement Officer will be bilingual in Spanish. 10 The County will make a $98,000 contribution to the City's Operation Phoenix budget for purposes of defraying the costs associated with the I1 City of San Bernardino programs for the Operation Phoenix Eastern Area as described below. The City will invoice the County on a quarterly 12 basis for reimbursement. 13 City of San Bernardino 14 • The City will create an Operation Phoenix Street Team and coordinate its 15 activities in the Eastern Area. The Street Team will consist of representatives from the various partner agencies that are engaging residents 16 in the target area through City/County coordinated law enforcement, code 17 enforcement, and human services. Ongoing communication and coordination of partner agencies will occur through regular meetings of the Street Team to 18 maximize collaboration and provide services to residents in the target area. A representative from the Sheriff's Office and County Code Enforcement 19 will be invited to participate in Street Team meetings to insure coordinated 20 efforts between City and County services. 21 The City will establish a physical center in the Eastern Area to provide supervised, after school and evening activities for children and youth, and 22 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 23 activities by the City, the County, and other government, nonprofit and 24 community agencies. 25 • The City will augment police services, code enforcement services, and graffiti abatement in the Eastern Area and it will enhance street lighting and 26 other public improvements in the Eastern Area, as the Operation Phoenix 27 budget provides. These mutual commitments by the County and the City will cover the area 28 designated as the Operation Phoenix Eastern Area which includes County 1 unincorporated areas. A map of the Operation Phoenix Eastern Area is attached 2 as Attachment 1. 3 If conflict resolution is required among City and County agencies, it will be 4 facilitated through the Operation Phoenix Steering Committee which serves as an advisory committee on operational issues for Operation Phoenix. If satisfactory 5 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. 6 4. ADMINISTRATION 7 8 Administration of the Operation Phoenix program, including the County and City commitments identified above, will be coordinated through the Operation Phoenix 9 Executive Team, which includes the Mayor, City Manager, Police Chief, Parks and Recreation Director, and the Operation Phoenix Executive Director. 10 11 5. NOTICES 12 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 13 supporting documentation that the expenditures were utilized in the Eastern Operation Phoenix/Arden-Guthrie target area. Any notices to be given pursuant to 14 this Agreement shall be deposited with the United States Postal Service, postage 15 prepaid and addressed as follows: 16 TO THE CITY: TO THE COUNTY: 17 Fred Wilson, City Manager Tom Ramirez, 300 North"D" Street Community Development &Housing 18 San Bernardino, CA 92418 215 North "D" Street, Suite 202 19 Telephone: (909) 384-5122 San Bernardino, CA 92415-0043 20 6. MUTUAL INDEMNIFICATION CLAUSE 21 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 22 all liability, loss, expense, attorney's fees, or claims for injuries or damages arising 23 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 24 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. 25 The costs, salaries, and expenses of the City Attorney and members of his office 26 shall be considered as "Attorneys' Fees" for the purposes of this paragraph. 27 28 -3- 1 2 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 3 all liability, loss, expense, attorney's fees, or claims for injuries or damages arising 4 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 5 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. 6 The costs, salaries, and expenses of the County Counsel and members of his office 7 shall be considered as "Attorneys' Fees" for the purpose of this paragraph. 8 7. ATTORNEYS' FEES 9 In the event that litigation is brought by any party in connection with this 10 Agreement, the prevailing party shall be entitled to recover from the opposing party 11 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 12 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 13 offices in enforcing this Agreement shall be considered as "attorneys' fees" for the 14 purpose of this paragraph. 15 8. COOPERATION; FURTHER ACTS 16 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 17 convenient to attain the purposes of this Agreement. 18 9. COUNTERPARTS 19 This Agreement may be signed in counterparts, each of which shall constitute an 20 original and which collectively shall constitute one instrument. 21 10. SUPERSEDING AGREEMENT 22 This Agreement supersedes any prior oral statements or agreements between or 23 among the Parties as related to the Operation Phoenix Eastern Area. 24 11. SEVERABILITY 25 If any provision of this Agreement is determined by a court of competent 26 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 27 or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 28 _4_ 1 2 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date indicated below. 3 4 5 CITY OF SANrBERNARDINO COUNTY OF SAN BERNARDINO 6 By: By: 7 Fred Wilson, Mark Uffer, 8 City Manager County Administrative Officer 9 Date: Date: 10 11 APPROVAL AS TO FORM: 12 13 By: By: James F. Penman, Ruth E. Stringer, 14 City Attorney County Counsel 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT 1 City of Seh Bernardfn— Porc-e Deparfinen -, Opera�fo .Phoenix Focus Areas J. e'- _ .3 3 r . 330 Tune p �'•`�* -. enod ' :.w Go tiered: July 1,2006=May 16,2007 Reporting Districts _ ! eastern E S230D=260 FA4 S E 53010.185 FA1 S2180-140 FM W270.136 FA5 - Q 51280-134 FAS Westem f S1730.82 FA3 =S1460-65 FA2 O S18S0-45 FA2 - — Police Districts Easttm SoutAem N.o m Souftm QWestern M M Vi0i0M Come tMWdss:0.Lttltrs,6tiutl AtNUts, a Robb�de:.andApyraaJtkO Atnub.. 0 0.,. 1 2 3 4 a PrepadyCdinetircludss:Buryhriu,TMlls, M8e6 ind�OrAi°` Date is preliminary and subject io etiange 5.ECKLEY 50378•SBPD 060107 700 1 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF 3 SAN BERNARDINO FOR OPERATION PHOENIX EASTERN AREA 4 1. INTRODUCTION 5 6 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 7 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 8 violence through partnership with the County of San Bernardino ("County"), the San Bernardino City Unified School District, the State Department of Corrections, 9 California State University San Bernardino, and other public agencies and private 10 organizations. 11 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. 12 There was also a 21.11% citywide reduction of UCR Part I crime, compared to 13 2005, during that same time period. 14 On June 4, 2007, the City Council identified five additional target areas for possible expansion of Operation Phoenix: 15 • Central Area(expanded) one mile radius of Wabash and Sierra 16 a Eastern Area one mile radius of Sterling and Highland 17 ` Northern Area one mile radius of 44th and Sepulveda • Western Area one mile radius of 10 and California 18 • Southern Area one mile circumference of Mill and Meridian 19 Funding and operational expenses are limited for the expansion of this program. In 20 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 21 Understanding to provide shared resources. This sharing of resources is consistent with the continuing protocol of combining City and County resources in the Central 22 Phoenix Area. 23 2 DURATION OF AGREEMENT 24 This agreement is to be in effect from December 1, 2007 to June 30, 2008. This 25 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 26 amended in writing. The duration of this agreement may be extended by the written 27 consent of the City Manager, and by the County's Director of Community Development and Housing. 28 1 3. COMMITMENTS TO OPERATION PHOENIX EASTERN AREA 2 3 Count�Support 4 • The County Sheriff's Office will deploy 1 sergeant and 3 deputies for purposes of coordination with the San Bernardino Police Department and 5 mutual efforts in the Operation Phoenix Eastern Area. 6 The County will provide a 1.5 full-time Code Enforcement Officer who • 7 will augment county code enforcement activities in the Eastern Phoenix Area, including coordination and collaboration with city code 8 enforcement activities in the Eastern Phoenix Area. The full-time County 9 Code Enforcement Officer will be bilingual in Spanish. 10 The County will make a $98,000 contribution to the City's Operation Phoenix budget for purposes of defraying the costs associated with the 11 City of San Bernardino programs for the Operation Phoenix Eastern Area as described below. The City will invoice the County on a quarterly 12 basis for reimbursement. 13 City of San Bernardino 14 • The City will create an Operation Phoenix Street Team and coordinate its 15 activities in the Eastern Area. The Street Team will consist of 16 representatives from the various partner agencies that are engaging residents in the target area through City/County coordinated law enforcement, code 17 enforcement, and human services. Ongoing communication and coordination of partner agencies will occur through regular meetings of the Street Team to 18 maximize collaboration and provide services to residents in the target area. A representative from the Sheriff's Office and County Code Enforcement 19 will be invited to participate in Street Team meetings to insure coordinated 20 efforts between City and County services. 21 The City will establish a physical center in the Eastern Area to provide supervised, after school and evening activities for children and youth, and 22 their families, in the focus area. The center will also act as the coordination 23 location for the Operation Phoenix Street Team and other various outreach activities by the City, the County, and other government, nonprofit and 24 community agencies. 25 • The City will augment police services, code enforcement services, and graffiti abatement in the Eastern Area and it will enhance street lighting and 26 other public improvements in the Eastern Area, as the Operation Phoenix 27 budget provides. These mutual commitments by the County and the City will cover the area 28 designated as the Operation Phoenix Eastern Area which includes County I _ unincorporated areas. A map of the Operation Phoenix Eastern Area is attached 2 as Attachment 1. 3 If conflict resolution is required among City and County agencies, it will be 4 facilitated through the Operation Phoenix Steering Committee which serves as an advisory committee on operational issues for Operation Phoenix. If satisfactory 5 resolution is not achieved through this forum, subsequent efforts to resolve the 6 conflict will occur between the Mayor's Office and the Board of Supervisors. 7 4. ADMINISTRATION 8 Administration of the Operation Phoenix program, including the County and City commitments identified above, will be coordinated through the Operation Phoenix 9 Executive Team, which includes the Mayor, City Manager, Police Chief, Parks and 10 Recreation Director, and the Operation Phoenix Executive Director. 11 5. NOTICES 12 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 13 supporting documentation that the expenditures were utilized in the Eastern Operation Phoenix/Arden-Guthrie target area. Any notices to be given pursuant to 14 this Agreement shall be deposited with the United States Postal Service, postage 15 Prepaid and addressed as follows: 16 TO THE CITY: TO THE COUNTY: 17 Fred Wilson, City Manager Tom Ramirez, 300 North"D" Street Community Development& Housing 18 San Bernardino, CA 92418 215 North "D" Street, Suite 202 19 Telephone: (909) 384-5122 San Bernardino, CA 92415-0043 20 6. MUTUAL INDEMNIFICATION CLAUSE 21 The City of San Bernardino shall defend, indemnify, and hold the County of San 22 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 23 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 24 caused as a result of the negligent or intentional acts or omissions of the City of San 25 Bernardino or its agencies, their respective officers, agents, or employees. 26 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. 27 28 -3- 1 2 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 3 all liability, loss, expense, attorney's fees, or claims for injuries or damages arising 4 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 5 caused as a result of the negligent or intentional acts or omissions of the County of 6 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 7 shall be considered as "Attorneys' Fees" for the purpose of this paragraph. 8 7. ATTORNEYS' FEES 9 In the event that litigation is brought by any party in connection with this 10 Agreement, the prevailing party shall be entitled to recover from the opposing party 11 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 12 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 13 offices in enforcing this Agreement shall be considered as "attorneys' fees" for the 14 purpose of this paragraph. 15 8. COOPERATION; FURTHER ACTS 16 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 17 convenient to attain the purposes of this Agreement. 18 9. COUNTERPARTS 19 This Agreement may be signed in counterparts, each of which shall constitute an 20 original and which collectively shall constitute one instrument. 21 10. SUPERSEDING AGREEMENT 22 This Agreement supersedes any prior oral statements or agreements between or 23 among the Parties as related to the Operation Phoenix Eastern Area. 24 11. SEVERABILITY 25 If any provision of this Agreement is determined by a court of competent 26 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 27 or of the offending provision in any other circumstance, and the remaining 28 provisions of this Agreement shall remain in full force and effect. A- - 1 2 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date indicated below. 3 4 5 CITY OF SANrBERNARDINO COUNTY OF SAN BERNARDINO 6 By: By: 7 Fred Wilson, Mark Uffer, 8 City Manager County Administrative Officer 9 Date: Date: 10 11 APPROVAL AS TO FORM: 12 13 By: •c By: es F. Penman, Ruth E. Stringer, 14 ity Attorney County Counsel 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o I ATTACHMENT 1 Cfty of San Bernardino Pofte Deparfrnen Operation Focus Areal NOIIIIWII _ 1 Time Period Covered: t' July 1,2006-May 16,2007 Reporting Districts Eeslem e S230D-28D FA4 S3070-185 FA1 S2180-140 FA4 -- 51270:136 FAS Q S128D-134 FAS Western =S1730-82 FA3 _ OS1450.55 FA2 =S1350-46 FA2 police Districts Central Ace. QEastem - r Souttwm Northern Southern OWestern r M v W++rne otem Ca tnduaes'Maraene,SexwiAswulis, 0 0.5 1 2 3 4 e RoEWMS.mdAC➢revektl Ateauh-. Prawny can.tea::euyaiN:,mesc, Miles ati°�'"°;"'�' Data is prefiminery and subject to aliange 5.ECKLEY 50378-SBPD 060107 t00 DRAFT— 11/09/07 MEMORANDUM OF UNDERSTANDING COUNTY OF SAN BERNARDINO ASSITANCE TO THE CITY OF SAN BERNARDINO, OPERATION PHOENIX EASTERN AREA I. INTRODUCTION The Mayor's Office 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, the San Bernardino City Unified School District, the State Department of Corrections, and California State University San Bernardino. 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 2 1.11% 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 mile circumference of Wabash and Sierra • Eastern Area one mile circumference of Sterling and Highland • Northern Area one mile circumference 44th and Sepulveda • Western Area one mile circumference around 16th and California • Southern area one mile circumference around approximately Mill and Meridian Funding and operational expenses are limited for this expansion. In order to expand to the Eastern Phoenix Area the City of San Bernardino and the County of San Bernardino are interested in entering into a Memorandum of Understanding to provide shared resources. This sharing of resources is consistent with the continuing protocol 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. 3. COMMITMENTS TO OPREATION PHOENIX EASTERN AREA County Support • The County will deploy an additional five Deputy Sheriffs' and one Sergeant to be assigned to the county unincorporated areas in eastern San Bernardino 32 3 0 30 -1- 0 DRAFT— 11/09/07 and western Highland, for purposes of coordination with the San Bernardino Police Department and mutual efforts in the Operation Phoenix Eastern Area. • The County 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 County will make a $98,000 contribution to 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. City of San Bernardino • The City will create and coordinate an Operation Phoenix Street Team and its activities in the Eastern Area. The City will create a Street Team that consists of representatives from the various partner agencies that are engaging residents in the target area through direct services. Ongoing communication and coordination of partner agencies will occur through regular meetings of the Street Team to maximize collaboration and quality 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 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 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 by the Operation Phoenix Eastern area which includes County pockets. A map of the area is attached and by reference is part of the Memorandum of Understanding. 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 to the Mayor and County Supervisors. 4. ADMINISTRATION Administration of this program will coordinated through the Operation-Phoenix Executive Team and Street Team consistent with the organization structure and protocol established by Operation Phoenix. -2- DRAFT— 11/09/07 5. MUTUAL IDEMNIFICATION CLAUSE The City of San Bernardino shall defend, indemnify, and hold the County of San Bernardino and its agencies, their respective officers, employees, and agents harmless from and against any and all liability, loss expense, attorneys' fees, or claims for injuries or damages are causes as a result of the negligent or intestinal acts or omissions of the City of San Bernardino, its officers, agents or employees, The costs, salaries, and expenses of the City Attorney and member of his office enforcing this contract on behalf of the City shall be considered as "Attorneys' Fees" for the purposes of this paragraph. 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, salaries, and expenses of the County Counsel and members of his office enforcing this contract on behalf of the City shall be considered as "Attorneys' Fees" for the purpose of this paragraph. -3- DRAFT— 11/09/07 MEMORANDUM OF UNDERSTANDING COUNTY OF SAN BERNARDINO ASSITANCE TO THE CITY OF SAN BERNARDINO, OPERATION PHOENIX EASTERN AREA 1. INTRODUCTION The Mayor's Office 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, the San Bernardino City Unified School District, the State Department of Corrections, and California State University San Bernardino. 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 2 1.11% 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 mile circumference of Wabash and Sierra • Eastern Area one mile circumference of Sterling and Highland • Northern Area one mile circumference 44`b and Sepulveda • Western Area one mile circumference around 16th and California • Southern area one mile circumference around approximately Mill and Meridian Funding and operational expenses are limited for this expansion. In order to expand to the Eastern Phoenix Area the City of San Bernardino and the County of San Bernardino are interested in entering into a Memorandum of Understanding to provide shared resources. This sharing of resources is consistent with the continuing protocol 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. 3. COMMITMENTS TO OPREATION PHOENIX EASTERN AREA County Support • The County will deploy an additional five Deputy Sheriffs' and one Sergeant to be assigned to the county unincorporated areas in eastern San Bernardino fig, 1171,or /1l0 . 02(0 DRAFT— 11/09/07 and western Highland, for purposes of coordination with the San Bernardino Police Department and mutual efforts in the Operation Phoenix Eastern Area. • The County 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 County will make a $98,000 contribution to 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. City of San Bernardino • The City will create and coordinate an Operation Phoenix Street Team and its activities in the Eastern Area. The City will create a Street Team that consists of representatives from the various partner agencies that are engaging residents in the target area through direct services. Ongoing communication and coordination of partner agencies will occur through regular meetings of the Street Team to maximize collaboration and quality 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 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 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 by the Operation Phoenix Eastern area which includes County pockets. A map of the area is attached and by reference is part of the Memorandum of Understanding. 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 to the Mayor and County Supervisors. 4. ADMINISTRATION Administration of this program will coordinated through the Operation-Phoenix Executive Team and Street Team consistent with the organization structure and protocol established by Operation Phoenix. -2- DRAFT— 11/09/07 5. MUTUAL IDEMNIFICATION CLAUSE The City of San Bernardino shall defend, indemnify, and hold the County of San Bernardino and its agencies, their respective officers, employees, and agents harmless from and against any and all liability, loss expense, attorneys' fees, or claims for injuries or damages are causes as a result of the negligent or intestinal acts or omissions of the City of San Bernardino, its officers, agents or employees, The costs, salaries, and expenses of the City Attorney and member of his office enforcing this contract on behalf of the City shall be considered as "Attorneys' Fees" for the purposes of this paragraph. 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, salaries, and expenses of the County Counsel and members of his office enforcing this contract on behalf of the City shall be considered as "Attorneys' Fees" for the purpose of this paragraph. -3-