State Codes and Statutes

Statutes > New-york > Exc > Article-36 > 846-c

§ 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  thediscretion 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.

State Codes and Statutes

Statutes > New-york > Exc > Article-36 > 846-c

§ 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  thediscretion 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Exc > Article-36 > 846-c

§ 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  thediscretion 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.