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This entry was published on 2014-09-22
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SECTION 846-C
Contracts with companies
Executive (EXC) CHAPTER 18, ARTICLE 36
§ 846-c. Contracts with companies. 1. The commissioner may enter into
contracts, either on his own initiative, or upon application of a
company or the municipality having jurisdiction over such company, for
the performance of company activities. Such contracts shall be entered
into, however, only after appropriate findings by the commissioner,
subject to the limitations hereinafter set forth.

2. Prior to entering into, renewing, extending or replacing a contract
with a company, the commissioner shall have made a finding that said
company which proposes to contract with the commissioner is a bona fide
organization which shall have been in existence for at least one full
year within a three year period immediately prior to application for
funding. Its existence shall have been as a corporation or an
unincorporated, organized group which has demonstrated by its activities
that it has the ability to establish and maintain tenant-lobby,
street-foot patrols, or auto patrols or other approved activities in the
proposed neighborhood. The commissioner shall also find that the
activities proposed are needed by the neighborhood and that the proposed
activities utilize resident involvement to the fullest extent possible.
A finding shall also be made as to the ability of the company to acquire
or gain access to the requisite staff, office facilities, and expertise
to enable it to perform the activities which it proposes to undertake
pursuant to said contract.

3. a. In determining whether to enter into, renew, extend or replace a
contract with a company pursuant to this article, the commissioner shall
investigate, to the extent deemed necessary or appropriate, and
establish that:

(i) the geographic boundaries proposed by the applicant for such a
contract define a recognized or established neighborhood or area within
the municipality;

(ii) the activities proposed by the company are reasonably calculated
to have a generally positive effect on the prevention of crime and on
the reduction of the fear of crime within the neighborhood and are
designed to provide additional and particular focus when necessary to
address the needs of senior citizens with respect thereto;

(iii) the presence of the company within the neighborhood has not
resulted in and will not result in a decrease in the crime prevention
activities performed by existing police agencies in such neighborhood;

(iv) the company has coordinated and will continue to coordinate its
activities with existing police agencies;

(v) the company's officers, directors and members represent the
residents and the legitimate interests of the neighborhood, and they
will carry out such a contract in a responsible manner;

(vi) a majority of the directors of the company are residents of the
neighborhood;

(vii) the plan submitted by the company demonstrates that the company
will recruit and utilize neighborhood volunteers and will, to the extent
possible, acquire loaned or donated equipment for the performance of its
activities;

(viii) the commissioner shall also find that the plan submitted by the
company demonstrates that such company when hiring employees will give
priority, to the extent possible, to residents of the neighborhood who
are either unemployed or not fully employed.

b. Nothing contained within the contract shall impose liability upon
the division or the community for injury incurred during the performance
of any approved activities.

4. Contracts entered into hereunder with companies shall be limited in
duration to periods of one year, but may thereafter be renewed,
extended, or succeeded by new contracts from year to year in the
discretion of the commissioner for up to an aggregate of four additional
years. Contract awards shall be limited in amount to the sum of sixty
thousand dollars in a single year. Each company shall also define with
particularity the neighborhood or portion thereof within which the
company's activities shall be performed under such contract. The
contract shall also set forth the company's obligations to provide
training in approved crime prevention techniques, and in community
relations, to those who shall perform crime prevention activities for
the company.

5. Every such contract shall provide that the company shall maintain
books, records and accounts deemed appropriate and open to review by the
commissioner and that such accounts shall be currently maintained in
conformance with generally accepted accounting principles and practices.

6. Nothing within this article shall preclude a municipality from
applying to or contracting with the commissioner on behalf of qualifying
auxiliary police services.