N.Y. Executive Law § 846-c: Contracts with companies

§ 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.