Title
Dept/ Agency: Police
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Memorandum of Understanding with
New Jersey State Department of Transportation and Acceptance of Grant Funds
Purpose: [1] Establishment of cooperative agreement between the State of New Jersey, the Newark Police Department and the Essex County Prosecutor's Office involving the prevention and detection of automobile thefts and carjackings and the apprehension and prosecution of those who commit such crimes and [2] acceptance of associated grant funds from the State.
Entity Name: New Jersey State Department of Transportation
Entity Address: 25 Market Street, P.O. Box 094, Trenton, New Jersey 08625
Project Location: Newark, New Jersey
Reimbursement Amount: $400,000.00 total
Contract Period: August 15, 2014, until the termination by any party or until the Newark Police Department has incurred $300,000.00 in personnel costs, whichever occurs first.
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( X ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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WHEREAS, the City of Newark is committed to ensuring public safety through the deployment of effective, efficient and appropriate law enforcement resources; and
WHEREAS, automobile thefts and carjackings represent a substantial and especially dangerous threat to public safety; and
WHEREAS, the prevention and detection of automobile thefts and carjackings, and the apprehension and prosecution of those who commit such crimes, are best achieved by proactive and targeted law enforcement activities utilizing specialized equipment; and
WHEREAS, the State of New Jersey, Office of the Insurance Fraud Prosecutor (the "OIFP"), and the Essex County Prosecutor's Office ("ECPO"), share similar commitments to public safety through the prevention and detection of automobile thefts and carjackings, and the apprehension and prosecution of those who commit such crimes; and
WHEREAS, the OIFP and the ECPO wished to establish a cooperative effort with the Newark Police Department ("NPD") (hereinafter collectively referred to as the "Task Force") to more effectively and efficiently combat automobile thefts and carjackings, with the terms and conditions of said cooperative effort having been memorialized in a "Cooperative Agreement between the State of New Jersey, Division of Criminal Justice, Office of the Insurance Fraud Prosecutor, the Newark Police Department and the Essex County Prosecutor's Office" (the "Cooperative Agreement"); and
WHEREAS, the Cooperative Agreement included the OIFP providing the City of Newark with funds, up to a total of $400,000.00, necessary to pay for certain commitments of NPD personnel and equipment, more specifically,
· $100,000.00 to fund the costs associated with the operation of the NPD helicopter for the first four (4) hours of each shift for which NPD Officers and a Supervisor are working the Task Force's initiative, with the helicopter acting as an additional deterrent and law enforcement presence, and assisting in vehicular and suspect pursuits, apprehensions and recoveries of stolen vehicles, and
· up to $300,000.00 to fund the costs associated with eight (8) NPD Officers and one (1) NPD Supervisor being utilized, all on an overtime basis, to work the Task Force's initiative during the shifts deemed appropriate by the Task Force; and
WHEREAS, notwithstanding the provisions of the Cooperative Agreement described above, it is understood that any and all costs associated with the operation of the NPD helicopter beyond the first four (4) hours of each shift designated by the Task Force must be borne entirely by the City of Newark; and
WHEREAS, the Director of the NPD, being of the opinion that the Cooperative Agreement and the Task Force's initiative were of great benefit to the City of Newark by working to reduce the levels of automobile thefts and carjackings in the City, caused the Cooperative Agreement to be executed on behalf of the NPD on or about June 15, 2014 (a copy of said executed Cooperative Agreement is attached hereto and made a part hereof); and
WHEREAS, as a result of the Cooperative Agreement being executed, on or about August 7, 2014, the State of New Jersey issued a check to the NPD in the amount of $100,000.00 to be used to fund the costs associated with the operation of the NPD helicopter for the Task Force's initiative as described above (attached hereto and made a part hereof are copies of [1] the check and an accompanying memorandum from the State of New Jersey dated August 7, 2014, and [2] an August 11, 2014, NPD memorandum regarding the check and an accompanying City Deposit Summary); and
WHEREAS, the State of New Jersey is prepared to issue an additional payment of $300,000.00 to the City to be used to fund the costs of the NPD personnel utilized for the Task Force's initiative (attached hereto and made a part hereof is a copy of a January 14, 2015, letter from the State confirming same, and indicating that said funds must be accepted by the City by February 20, 2015); and
WHEREAS, no municipal funds or utilization of municipal resources (other than those being funded by the State as described herein) are required for receipt or acceptance of the State funds in question; and
WHEREAS, in accordance with the Memorandum of Understanding between the City of Newark and the Director of the Division of Local Government Services, the Division of Local Government Services has approved the funding arrangement set forth in the Cooperative Agreement (the Approval Form is attached hereto and made a part hereof).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY THAT:
1. The Mayor and/or his designee, the Director of the Newark Police Department, are hereby authorized to enter into and execute a "Cooperative Agreement between the State of New Jersey, Division of Criminal Justice, Office of the Insurance Fraud Prosecutor, the Newark Police Department and the Essex County Prosecutor's Office" in the form attached hereto, which shall begin on the date of execution by all parties and shall remain in effect until terminated by any party or until the Newark Police Department incurs $300,000.00 in personnel costs, whichever occurs first.
2. The Municipal Council hereby ratifies its authorization of the execution of the Cooperative Agreement from June 15, 2014, until the date of adoption of this authorizing Resolution.
3. The $100,000.00 from the State of New Jersey to the Newark Police Department intended to fund the costs associated with the operation of the Newark Police Department helicopter for the Task Force's initiative under the Cooperative Agreement are hereby accepted, and furthermore, the Municipal Council ratifies its authorization of the acceptance of said funds from the date they were received by the Newark Police Department until the date of adoption of this authorizing Resolution.
4. The $300,000.00 to be paid by the State of New Jersey to the Newark Police Department intended to fund certain personnel costs incurred by the Newark Police Department relative to the Task Force's initiative under the Cooperative Agreement are hereby accepted.
5. No municipal funds or utilization of municipal resources (other than those being funded by the State of New Jersey as described herein) are required for receipt or acceptance of the funds in question.
6. The Director of the Newark Police Department shall file a fully executed copy of the Cooperative Agreement in the Office of the City Clerk.
STATEMENT
This resolution authorizes and ratifies the Mayor and/or his designee, the Director of the Newark Police Department, to enter into and execute a "Cooperative Agreement between the State of New Jersey, Division of Criminal Justice, Office of the Insurance Fraud Prosecutor, the Newark Police Department and the Essex County Prosecutor's Office," the purpose of which is to combat automobile thefts and carjackings and to fund the City's costs in regard thereto. The resolution also authorizes and ratifies the acceptance of $100,000.00 from the State to fund the costs associated with the operation of the NPD helicopter for the Task Force's initiative under the Cooperative Agreement, and accepts $300,000.00 from the State to fund certain NPD personnel costs incurred relative to the Task Force's initiative under the Cooperative Agreement.