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HomeMy WebLinkAboutResolution_49-01/02_06/13/2002• • RESOLUTION NO. 49 - 01/02 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE COMMISSION FOR FLORIDA LAW ENFORCEMENT, INC., ORLANDO, FLORIDA, FOR REACCREDITATION OF THE TEQUESTA POLICE DEPARTMENT, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Reaccreditation Agreement with The Commission for Florida Law Enforcement, Inc., of Orlando , Florida, attached hereto as Exhibit "A" and incorporated by reference as part of the resolution, is hereby approved. THE FOREGOING RESOLUTION WAS ~NSd1t(,G who motion was seconded _ an the ote was as follows: OFFERED BY Councilmember moved its adoption. The by Councilmember d upon being put to vote, FOR ADOPTION AGAINST ADOPTION r ~ ,C~-e.~,c-v Vu~~1a~t(,l~roh~ .C~~..~c._ Ceu~r~~~l~ k~3~i ~ ~.~t.LQCk. ~l>uiytC~t~vi,evul~- Ed ~J~ D.rZeontk, • • The Mayor thereupon declared the Resolution duly passed and adopted this 13tr' day of June, A.D., 2002. MAYOR OF TEQUESTA ~~ A ~~ 'aFir ` Geraldine Genco T: Mary Wo cott Village C1 rk • II Commission for Florida Law Apri124, 2002 Chief Stephen Allison Tequesta Police Department 357 Tequesta Drive Tequesta;~b'~-3-346--____..~ Dear Chief Allison: Enforcement Accreditation, Inc. This letter is to advise you that the second.anniversary date of your state reaccreditation has come. In keeping with the agree~~nt, tb~~Commission requires that an annual report be submitted no later than 90'~d~~~~'rom the date: Hof this letter. To assist you with this requirement, the annual report format approved b}~ the Commission is 'included in your AC/TRAC software package. Your agreement also requires you to notify the Commission of your intent for reaccreditation by your second anniversary. Please sign the enclosed Reaccreditation Agreement and submit it along with your annual report. An invoice is enclosed for your reaccreditation fee, with a 15% discount if paid in full within 60 days. ,--~ , L If I can provide assistance or answer any questions, please do not hesitate to contact me. Thank you for your continued support and cooperation, and I look forward to hearing from you soon! Sincerely, Deborah Moody Program Manager 3504 Lake Lynda Drive, Suite 380 • Orlando, Florida 32817 • (800) 558-0218 • (407) 275-4171 • Fax (407) 275-4174 REACCREDITATION AGREEMENT This Agreement is entered into between the Village of Tequesta with principal offices at 250 Tequesta Drive, Tequesta, Florida 33469 hereafter referred to as the "Applicant", and the Commission for Florida Law Enforcement Accreditation, Inc., a Florida not-for-profit corporation, at 3504 Lake Lynda Drive, Suite 380, Orlando, Florida 32817, hereafter referred to as the "Commission". WITNESSETH The Applicant's Police Department and the Commission, for and in consideration of the mutual convenants set forth in this Agreement and the compensation to be paid the Commission by the Applicant's Police Department hereinafter specified, covenant and agree to be bound by the provisions, terms, and covenants contained herein. WHEREFORE, each party covenants and agrees as follows: 1. PURPOSE OF THIS AGREEMENT: 1.1 The purpose of this Agreement is to establish the continued relationships between, and set the continued responsibilities of, the parties to this Agreement by assessing the Applicant's Police Department continued compliance with the standards established by the Commission in order for the Commission to determine if the Applicant's Police Department is eligible for reaccredited status. 1.2 Unless specifically stated otherwise, all terms and conditions stated in this Agreement apply to reaccreditationand the Applicant's Police Department is responsible for complying with all terms and conditions of this Agreement during the reaccreditationprncess. 2. APPLICANT'S POLICE DEPARTMENT'S RESPONSIBILITIES: The Applicant's Police Department agrees to: 2.1 Provide all information, using its best and honest judgement in good faith, requested by the Commission. 2.2 Provide all documents, files, records, and other data as required by the Commission so far as the same may be provided in accordance with laws, regulations, and ordinances • 1 Rev.3/14/01 • of the county and locality, or municipality in which the Applicant's Police Department is located. 2.3 Conduct aself-assessment as to the degree of compliance with standards that pertain to agency functions and provide full and accurate results thereof to the Commission. 2.4 Provide one or more persons to assist the Commission's representatives, hereafter referred to as the "Assessors", in making the necessary inquiries and assessments of agency information relative to compliance with the standards, provide access to files and records, and provide necessary facilities that are requested by the Assessors. 2.5 Respond to all communications from the Commission within ten (10) business days from the receipt thereof. 2.6 An Applicant's Police Department seeking reaccreditation by comparative compliance must satisfy the Commission standards found as Appendix B in the current edition of the Florida Standards Pvlanual. • 2.7 If the Applicant's Police Department received reaccredited status by comparative compliance, the Applicant's Police Department must notify the Commission in writing upon the expiration, revocation, or withdrawal of Applicant's Police Department's reaccredited status with the Commission on Accreditation for Law Enforcement Agencies, Inc., (C.A.L.E.A) 3. COMMISSION'S RESPONSIBILITIES: The Commission agrees to: 3.1 Provide necessary documentation, forms and instructions regarding the reaccreditationprncess. 3.2 Provide Assessors for the purpose of conducting an on-site assessment as to the Applicant's Police Department's continued compliance with standards. 3.3 Promptly analyze all compliance data and advise the Applicant's Police Department of (a) any need for additional information, or (b) the results of the on-site assessment. • 2 Rev. 3/14/01 3.4 Assess all compliance data against the standards and • certify the Applicant's Police Department as reaccredited if the relevant standards are met and compliance is accepted by the Commission. 3.5 If the Applicant's Police Department is reaccredited, provide (a) a certificate, or (b) additional indications of reaccreditation, if necessary. 3.6 Following an examination of compliance with the applicable standards, if the Applicant's Police Department is not reaccredited by the Commission at the time of review, the Applicant's Police Department will be notified with the reasons for such determination within 30 days. 4. TIME PERIOD COVERED BY THIS AGREEMENT: 4.1 This agreement shall take effect when the Applicant's Police Department's Chief Executive Officer, or authorized representative and the Commission's authorized representative sign the Agreement and shall be for three years from the date the Commission certifies the Applicant's Police • Department as reaccredited at a general meeting. 4.2 The terms and covenants of this Agreement shall terminate in the following circumstances: (a) Failure to achieve reaccreditation; except as provided in Section 4.3; or (b) Upon written notice by the Applicant's Police Department that the Applicant's Police Department intends to withdraw from the reaccreditation process; or (c) Upon termination pursuant to Section 5.2 hereof; or (d) Upon notification pursuant to Section 15, that the Applicant's Police Department cannot maintain compliance with standards set forth by the Commission; or (e) Upon failure of the Applicant's Police Department to pay all fees and costs required by this • 3 Rev. 3/14/01 • Agreement relating to the Applicant's Police Department's reaccreditation within the time mandated, except that the Agreement may be extended pursuant to Section 4.3; or (f) Upon expiration or revocation of the Applicant's Police Department's reaccredited status. 4.3 The Applicant's Police Department may submit a written request to the Commission to extend this Agreement in order to comply with the relevant standards for reaccreditation if the standards cannot be met at the expiration of the Applicant's Police Department's accredited status. The Commission, in its discretion, may grant an extension in accordance with the "Contract Extension Policy" adopted 10/98, and in such an event the Applicant's Police Department shall pay any additional fees the Commission deems reasonable. 4.4 An Applicant's Police Department accredited by the Commission on Accreditation for Law Enforcement Agencies, Inc., CALEA, whose initial accreditation was • based on comparative compliance must maintain its CALEA accreditation during the time of any reaccreditation under this Agreement. Failure to mamtam CALEA accredited status during the pendancy of this Agreement may result in the Commission requiring an immediate on-site review (full or partial compliance) at any time during the Applicant's Police Department's reaccreditation period and will result in reaccreditation being based on a full compliance on-site assessment at the time of reaccreditation. 5. MODIFICATIONS: 5.1 Applicant's Police Department shall not make any modifications to this Agreement except in writing, signed by both parties, and executed with the same formalities as this document. 5.2 The Applicant's Police Department recognizes and acknowledges that it will be necessary for the Commission to make reasonable modifications and amendments to the Agreement and other related documents, including but not limited to the accreditation standards and procedures thereto and hereby agrees to endorse and agree to all modifications • 4 Rev. 3/14/01 • and amendments. Applicant's Police Department shall be notified of such modifications and/or amendments in writing. In the event the Applicant's Police Department refuses to comply with any modifications or amendments, the Commission reserves the right to terminate this Agreement after due consideration thereof by giving notice by registered or certified mail, return receipt requested, within twenty (20) days, of such refusal. 5.3 Applicant's Police Department must utilize the most current edition of the Florida Standards Manual in circulation at time of signing this Agreement. If the Commission approves another standards edition during the pendancy of this Agreement, Applicant's Police Department may notify the Commission in writing of its intent to utilize the approved edition of standards. The Applicant's Police Department must utilize only one edition of the standards in its entirety. 6. TIME AND MANNER OF PAYMENT: 6.1 Payment of reaccreditation fees shall be based upon the fee structure below. One-half of the total fee is due upon • signing of the contract and the balance due in twelve (12) months; or 6.2 If the Applicant's Police Department chooses to pay the full amount within sixty (60) days upon signing the contract a fifteen (15%) percent discount shall be applied. 6.3 The Applicant's Police Department shall be responsible for Assessor costs, including travel, lodging, and per diem paid in accordance with Applicant's Police Department's travel policy. The Applicant's Police Department shall not be responsible for any overtime or other salary costs associated with Assessors performing duties in connection with this Agreement. 6.4 Applicant's Police Departments pursuing full compliance reaccreditation shall be required to pay a fee to the Commission in accordance with the following fee structure. Such fee structure is based on the number of authorized, sworn law enforcement positions at the time this agreement is executed: • NUMBER FEE 5 Rev. 3/14/01 - 1 - 09 Donation - 10 - 24 $ 500.00 - 25 - 99 1,000.00 - 100 - 299 2,000.00 - 300 - 499 3,000.00 - 500 + 4,000.00 6.5 Applicant's Police Department s pursuing comparative compliance reaccreditation, i.e., those Applicant's Police Department s currently accredited with the Commission on Accreditation for Law Enforcement Agencies (CALEA) shall be required to pay a fee to the Commission for reaccreditation in accordance with the following fee structure. Such fee structure is based on the number of authorized, sworn law enforcement positions at the time this agreement is executed. This fee structure represents aforty- five (45%) reduction from the full compliance fee structure: NUMBER FEE - 1 - 09 • _ 10 - 24 25 - 99 - 100 - 299 - 300 - 499 - 500 + Donation $ 275.00 550.00 1,100.00 1,650.00 2,200.00 6.6 The Applicant's Police Department agrees that any and all fees submitted will be forfeited if the Applicant's Police Department does not become reaccredited or withdraws from the process before the completion unless an extension is granted pursuant to Section 4.3 above. 7. NEWS RELEASES: 7.1 The Commission shall have the right to identify the Applicant's Police Department in news releases and any publicity program the Commission deems appropriate after the Applicant's Police Department's on-site has been scheduled. The purpose of said news release or publicity programs will be to identify the Applicant's Police Department as accredited and seeking reaccreditation. Where specific mention of the Applicant's Police Department is used • in this regard, a copy of the news release or publicity material 6 Rev. 3/14/01 • will be provided to the Applicant's Police Department for its information. 7.2 The Applicant's Police Department shall provide the Commission with a copy of all its news releases or publicity material concerning its accreditation activities. 8. ,THE COMMISSION AS AN INDEPENDENT CONTRACTOR: In all matters pertaining to this Agreement, the Commission shall be acting as an independent contractor, and neither the Commission nor any officer, employee, or agent of the Commission will be deemed an employee of the Applicant's Police Department. The selection and designation of the personnel of the Commission as it relates to performance of its responsibilities under this Agreement shall be made by the Commission. 9. WARRANTY NOT INTENDED OR IMPLIED: 9.1 It is understood that the Commission's award of • reaccreditation does not constitute a warranty, expressed or implied, of total or continued compliance by the Applicant's Police Department Agency with all applicable standards and further, that it is not a substitute for the Applicant's Police Department Agency's ongoing and in depth monitoring and evaluation of its activities and the quality of its services. 9.2 The Commission makes no representations or warranties, expressed or implied, of the benefit of any person or entry with regard to aspect of the standards contained herein. 10. INDEMNIFICATION: To the extent provided by general and special law, the Applicant's Police Department shall indemnify and hold harmless the Commission, its officers, employees and agents from any and all liability loss ox damage which may be suffered or incurred as a result of claims, demands suits or actions arising out of the Applicant's Police Department's performance under this Agreement. This shall not applq to any claims based on the Commission's negligence in its performance under this Agreement. Nothing herein shall be • 7 Rev. 3/14/01 • construed as a waiver of any right of sovereign immunity as set forth in FSS 768.28. 11. INTEGRATION: This instrument embodies the whole Agreement of the parties. The parties warrant that there are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 12. SEVERABILITY: If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement and the application of such provisions to persons or circumstances other than those to which it is held invalid, shall not be ai~ected thereby. The terms and conditions of this Agreement shall be binding on the Applicant's Police Department for the entire • reaccreditationperfod. 13. CHOICE OF LAW: This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with Florida law. 14. MAINTAINING THE APPLICANT'S POLICE DEPARTMENT'S ACCREDITED/ REACCREDITED STATUS: 14.1 If the Applicant's Police Department is awarded reaccredited status by the Commission, the Applicant's Police Department agrees to remain in compliance with those standards under which reaccreditation is awarded. After an award of reaccreditation, the Applicant's Police Department agrees to (a) file a brief annual report that testifies to its continuing compliance on a form approved by the Commission and (b) promptly notify the Commission when it cannot maintain compliance with standards under which it was reaccredited. • 8 Rev.3/14/01 • I4.2 If the Commission has determined that reasonable grounds exists to believe an agency is not in compliance with the standards under which reaccreditationtyas awarded, the Commission may require an immediate on-site review (full or partial) at any time during the Applicant's Police Department's reaccreditation period at the expense of the Applicant's Police Department. The Commission may revoke reaccredited status if the review indicates that the Applicant's Police Department is not in compliance with the standards under which it was reaccredited or may take such other action as the Commission deems appropriate. 15. WAIVER: Any waiver by the Commission of any breach of this Agreement by the-Applicant's Police Department shall relate only to that particular breach and shall not amount to a general waiver. 16. NOTICE: • Any notice between the parties shall be in writing to the addresses as specified in the preamble to the Agreement or to such other address as either party may specify in writing in accordance with this section. 17. HEADINGS: The headings to this Agreement shall not be deemed part of it and shall not in any way affect its construction. 18. CONSENT TO BE BOUND: 18.1 The Applicant's Police Department has read the following document and agrees to and accepts the standards set forth by the Commission for Florida Law Enforcement Accreditation, Inc. 18.2 All disputes arising under this Reaccreditation Agreement of the enforcement, execution, or any other actions, relative to this Reaccreditation Agreement or any other agreement, standard, rule, or regulation, pertaining to the reaccreditation process, will be arbitrated in the city of Orlando, Florida, pursuant to the Commercial Arbitration Rules of the American • Arbitration Association. 9 Rev. 3/14/01 • 18.3 The person signing on behalf of the Applicant's Police Department hereby represents and warrants that he/she has the power and the authority to execute this Agreement and to bind the Applicant's Police Department to all terms and conditions set herein including, but not limited to, the provisions of this Section 18. • IN WITNESS WHEREOF, the Applicant's Police Department has caused this Agreement to be executed on (date): Attest: * Title: Attest: * * Title: IN WITNESS WHEREOF, the Commission has caused this Agreement to be executed by the Executive Director of the Commission, acting on its behalf, on (date): Commission for Florida Law Enforcement Accreditation, Inc. • 10 Rev.3/14/01 By: Executive Director * Title of the Applicant's Police Department's Chief Executive Officer * * Title of the appropriate civil authority in the event such signature is required to effect this Agreement. 11 Rev.3/14/01