NY Exec L § 846-C (2021)
2021 New York Laws EXC - Executive Article 36 - Neighborhood Preservation Crime Prevention Act 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.