HomeMy WebLinkAboutDocumentation_Regular_Tab 9-A_9/10/1998 4
RESOLUTION NO. 38 - 97/98
•
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING THE.
ACCREDITATION AGREEMENT COMMISSION FOR
FLORIDA LAW ENFORCEMENT ACCREDITATION,
INC. AND THE TEQUESTA POLICE DEPARTMENT
AND AUTHORIZING THE CHIEF OF POLICE TO
SIGN THE SAME 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. Accreditation Agreement between the
Commission for Florida Law Enforcement Accreditation,
Inc. . and the Tequesta Police Department attached hereto
as Exhibit "A" and incorporated by reference as a part of.
this Resolution, is hereby approved and the Mayor of the
Village of Tequesta is authorized to execute the same on
behalf of the Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
, who moved its adoption. The motion
was seconded by Councilmember , and upon
being put to a vote, the vote was as follows : .
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed
and adopted this 10th day of September, A.D. , 1998 .
MAYOR OF TEQUESTA
Elizabeth A. Schauer
ATTEST:
Joann Manganiello
Village Clerk
amipro\resolutions\38-9798
e
44111111k
‘- i/,
f VILLAGE OF TEQUESTA
4a Boor3 •2507bquesta Drive•5ube 300
-;iii
Tequesta, Florida 33469.0273 • (562) 575-6200
s: '\i O . Fay¢(561)575-6203
July 13, 1998
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
P.O. Box 3475
West Palm Beach, FL 33402-3475
Re: Tequesta Police Department Accreditation; Accreditation
Agreement
Dear Skip:
Attached hereto please find a copy of a proposed Accreditation
Agreement between the Tequesta Police Department and the
Commission for Florida Law Enforcement Accreditation, Inc_ for
your review in this regard.
The Tequesta Police Department wishes to become accredited by
this organization. Therefore, please review the same for legal
form and sufficiency, advising me of your opinion. Additionally,
although the contractual payments contained within the Agreement
are less than my five thousand dollar authority, I believe it
would be advisable for me to place the Agreement on the agenda of
the Village Council meeting scheduled for July 23, 1998, in order
for the Village Council to review the same, since a good deal of
publicity could be generated from the accreditation process. If
you have any thoughts in this regard, please let. me know the
same.
If at all possible, please let me hear from you in this regard by
Thursday, July 16, 1998, since the agenda for the July 23rd
Village Council Meeting is to be distributed to the Village
Council on July 17th.
Sincerely,
Thomas G. Bradford
Village Manager
cc: Stephen J. Allison, Chief of Police
TGB/ecr
attorney\070798-3-sam Recycled Paper
JUL 17 '98 02:32PM JONES FOSTER JOHNSTON & STUBBS P.2/2 c'
N e
Mr.Thomas G.Bradford
July 17, 1998
Page 2
Ideally,as to i 1.2,I would like to see a statement included that the Village shall not be liable for the
negligence of the Commission which may arise as a result of this agreement. I do not know whether
that is something that would be agreed to by the Commission. The way I would rather see the
paragraph addressed is as follows:
11.2 The Applicant shall indemnify and hold harmless the Commission, its
officers,employees,and agents,from any and all liability,loss or damage which may
be suffixed or incurred as a result of claims,demands,suits or actions arising out of
the performance by either patty to this Agreement,
C :=f$ �eT'
w «zi57 r � r r`` a� ,fi—.' ) I1:2:3 2A,
;F;_a�- �ij:
Please do not hesitate to contact me if you have any questions or comments in regard to this matter.
Sincerely,
JONES,FOS"BR,JOHNSTON&STUBBS,P.A.
John C. ' . dolph
•
JCR/ssm
4.0
/ S ?
Commission for Florida Law - - Enforcement Accreditation, Inc. .
n • g O I
O 1
i
i
June 23, 1998
Chief Stephen Allison
Tequesta Police Department
357 Tequesta Drive
Tequesta,Florida 33469
1
Dear Chief Allison:
On behalf of the Commission,I want to welcome you to Florida Law Enforcement
Accreditation,Inc. Your application is now on file. Enclosed you will 4nd two copies of
the accreditation agreement. Please sign and date both Copies and return Oa my office
within 90 days of the date of this letter. One copy of th4original agreement will be
returned for your files. An invoice in the amount of$500.00 for the accreditation fees has.
also been enclosed.
/- ,,,
:G
B i
I look forward to your participation and commend you fir your interest in a Fl nda based
accreditation program. Please call upon me if I can provide any additional info ation at
(407)318-3396. .,, `t
1
Sincerely,
8
.1 f
L
t
E
Adexr. ‘,77"._....---
Susan R.Kyzer
Executive Director l' i
SRKImjp
Enclosures(3)
cc: Lieutenant Bob Garbo
I
i
•
1
,
400 West Robinson Street,Suite 1023S • Orlando, Florida 32801 • (407) 318-3396 • Fax (407) 318-3397
Why Become Accredited?
Benefits to Members
• Clearly defined lines of authority
• Consistency in operational procedures
• Provides a quality work environment
• Increases employee morale through statewide recognition of the agency's professionalism,
excellence, and competence
Benefits to Agency
• Strenghtens the agency's defense.against lawsuits and complaints
• Review of agency status and readiness
• Possible reduction in liability insurance premiums and lawsuit settlements
• More efficient use of limited resources
• A quality work environment that aids in recruiting and retaining qualified personnel
Benefits to Chief of Police
• Ensures policies and procedures are documented and defendable
• Assurance that personnel are trained according to current professional law enforcement
policies and procedures
• Increased confidence in the Chiefs ability to manage the department
Commission for Florida Law
tv
Enforcement Accreditation, Inc. •
Accreditation Flow Chart
AGENCY SUBMITS
APPLICATION
TO THE COMMISSION
EXECUTIVE DIRECTOR
F SENDS AGREEMENT
AND INVOICE TO AGENCY
CEO SUBMITS SIGNED I CEO SUBMITS SIGNED
AGREEMENT AND PAYMENT AGREEMENT AND PAYS 112 FEE
IN FULL(15%DISCOUNT) (BALANCE DUE WITHIN
12 MONTHS)
AGENCY PURCHASES
AT LEAST ONE
MANUAL
AGENCY BEGINS
SELF-ASSESSMENT REVIEWS -
POLICIES,PROCEDURES.AND
DIRECTIVES.MAKES
REVISIONS AS NEEDED
f
AGENCY PREPARES FILE
FOLDERS FOR APPLICABLE
STANDARDS
AGENCY ARRANGES FOR
"MOCK"ASSESSMENT.(RECOM-
MENDED,BUT NOT REQUIRED)
AGENCY CORRECTS
DEFICIENCIES
•
ACCREDITATION AGREEMENT
This Agreement is entered into between the Tequesta Police Department with principal
offices at 357 Tequesta Dave.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 400 West Robinson Street, Suite 1023 South,Orlando,FL 32801,
hereafter referred to as the"Commission".
WITNESSETH
The Applicant 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
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
relationships between,and set the responsibilities of,the
parties of the Agreement(a)by measuring the Applicant's
compliance with the standards established by the Commission
in order for the Commission to determine if the Applicant is
eligible for certification as accredited; and,(b)by maintaining
compliance with those standards by which they were
accredited until the agency is reaccredited.
1.2 As it relates to Reaccreditation,the purpose of this
Agreement is to maintain the relationships between,and set
the continued responsibilities of the parties to this Agreement
by the Commission's assessing the Applicant's continuing
compliance with applicable standards established by the
Commission.
1.3 Unless specifically stated otherwise, all terms and
conditions stated in this Agreement apply to both initial
'
accreditation and reaccreditation and the Applicant is
responsible for complying with all terms and conditions of
1
this Agreement during the accreditation and reaccreditation
process.
2. APPLICANT RESPONSIBILITIES:
The Applicant 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
of the county and locality,or municipality in which the
Applicant is located.
2.3 Conduct a self-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 .Purchase at least one(1)manual from the
Commission prior to initial accreditation.
2.7 An applicant seeking accreditation by comparative
compliance must satisfy the Commission standards found as
Appendix B in the current edition of the Florida Standards
Manual.
2.8 If the Applicant received accredited status by
comparative compliance,the Applicant must notify the
Commission in writing upon the expiration of Applicant's •
2
accredited/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 accreditation and reaccreditation
process.
3.2 Provide Assessors for the purpose of conducting an -
on-site assessment as to the Applicant's compliance with
standards.
3.3 Promptly analyze all compliance data and advise the
Applicant of(a)any need for additional information,or(b)the
results of the on-site assessment.
3.4 Measure all compliance data against the standards and
certify the Applicant as accredited or reaccredited if the
relevant standards are met and accepted by the Commission.
3.5 If the Applicant is accredited or reaccredited,provide
(a) a certificate,or(b) additional indications of accreditation, if
necessary.
3.6 Notify the Applicant if the Applicant is not accredited
or reaccredited by the Commission following an examination
of compliance with the applicable standards,and provide the
Applicant with the reasons for such determination.
4. TIME PERIOD COVERED BY THIS
AGREEMENT:
4.1 This Agreement shall take effect when the Applicant's
Chief Executive Officer,or authorized representative and the •
Commission's authorized representative sign the Agreement.
3
4.2 The terms and covenants of this Agreement shall
terminate in the following circumstances:
(a) Failure to achieve accreditation within 24
months of signing this agreement or failure to become
reaccredited thereafter;or except as provided in
Section 4.3; or
(b) Upon written notice by the Applicant that the
Applicant intends to withdraw from the accreditation
process; or
(c) Upon termination pursuant to Section 5.2
hereof; or
(d) Upon notification pursuant to Section 15,that
the Applicant cannot maintain compliance with
standards set forth by the Commission;or
(e) Upon failure of the Applicant to pay all fees
and costs required by this Agreement relating to the
Applicant's accreditation or 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 accredited/reaccredited status.
4.3 The Applicant may submit a written request to the
Commission to extend this Agreement in order to comply with
the relevant standards for accreditation/reaccreditation. The
Commission,in its discretion,may grant an extension,and in
such an event the Applicant shall pay any additional fees the
Commission deems reasonable.
4.4 Reaccreditation: The terms and conditions of this
Agreement shall be extended for a period of 3 years upon the
Commission assessing the Applicant's continuing compliance •
with applicable standards established by the Commission and
determining that the Applicant is eligible for designation as
4
reaccredited. Both parties shall acknowledge, in writing, the
extension of the terms and conditions of this Agreement for
purposes of reaccreditation.
5. MODIFICATIONS: •
5.1 There shall be no modifications to this Agreement
except in writing, signed by both parties,and executed with
the same formalities as this document.
5.2 The Applicant 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 all modifications and amendments. In the
event the Applicant 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 must utilize the accreditation standards
edition approved by the Commission at time of signing this
Agreement or in the case of reaccreditation at the time
files its Intent for Application for Reaccreditation. If the
Commission approves another standards edition during
the pendancy of this Agreement,or during the reaccreditation,
Applicant may notify the Commission in writing of its intent
to utilize the most current Commission approved edition of
standards. The Applicant must utilize only one edition of the
standards in its entirety.
6. TIME AND MANNER OF PAYMENT:
6.1 Payment of 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.
5
6.2 If the Applicant chooses to pay the full amount upon
signing the contract a fifteen(15%)per cent discount shall be
applied.
6.3 The Applicant shall be responsible for Assessor costs,
including travel,lodging,and per diem paid in accordance
with Applicant's travel policy. The Applicant shall not be
responsible for any overtime or other salary costs associated
with Assessors performing duties in connection with this
Agreement.
6.4 Fee structure refers to the fee an agency is required to.
pay the Commission based on the number of authorized,sworn
law enforcement positions:
NUMBER
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 The Applicant agrees that any and all fees submitted
will be forfeited if the Applicant does not become accredited
within two(2)years or withdraws from the process before the
• completion.
6.6 The Applicant may elect one of two options(lump
sum or installment)for payment of the reaccreditation fee,
which is not refundable. The reaccreditation fee shall be based
upon the fee structure in Section 6.4 of this Agreement. The ,
payment does not include on-site assessment costs which will
be paid in accordance with Section 6.3 of this Agreement.
7. NEWS RELEASES:
. 7.1 The Commission shall have the right to identify the
Applicant in news releases and any publicity program the
6
• Commission deems appropriate after the Applicant's on-site
has been scheduled. The purpose of said news release or
publicity programs will be to identify the Applicant as seel ing
accreditation. In the case of reaccreditation,the purpose of
said news releases and publicity programs will be to identify
the Applicant as accredited and seeking reaccreditation.
.Where specific mention of the Applicant is used in this regard,
a copy of the news release or publicity material will be
provided to the Applicant for its information.
7.2 The Applicant 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:
8.1 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.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. REACCREDITATION:
• 9.1 The Applicant must notify the Commission,in writing,of its intent
to apply for reaccreditation with the Commission not less than 12 months
prior to the expiration of the initial accredited or any reaccredited status
under this Agreement. Failure to timely notify the.Commission of such
intent may result in the termination of this Agreement at the expiration of
the initial accredited or any reaccredited status.
9.2 The Applicant agrees that it must comply with the accreditation
standards approved by the Commission at the time the notice of application
of reaccreditation is submitted and acknowledged for the purpose of
reaccreditation.
9.3 An Applicant accredited by the Commission on Accreditation for
Law Enforcement Agencies, Inc., "National Accreditation",whose initial
accreditation under this agreement was based on comparative compliance
must maintain its National Accreditation during the time of any
accreditation/reaccreditation under this Agreement. Failure to maintain
National Accredited status during the pendancy of this Agreement will
result in reaccreditation being based on a frill compliance on-site assessment
at the time of reaccreditation.
10. WARRANTY NOT INTENDED OR IMPLIED:
10.1 It is understood that the Commission's award of accreditation or
reaccreditation does not constitute a warranty, expressed or implied, of total
or continued compliance by the Applicant Agency with all applicable
standards of accreditation and further, that it is not a substitute for the
Applicant Agency's ongoing and in depth monitoring and.evaluation of its
activities and the quality of its services.
10.2 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.
11. INDEMNIFICATION:
11.1 The Applicant shall indemnify and hold harmless the Commission,
its officers, employees, and agents, from all claims,demands, suits and
actions against the Commission as a result of any distribution by the
Applicant to third persons of any reports, results of analyses,
recommendations, or other communications furnished to it by the
Commission subject, however,to the limitations of sovereign immunity
• prescribed in Section 768.28,Florida Statutes..
11.2 The applicant shall indemnify and hold harmless the Commission,
its officers, employees, and agents,from any and all liability,loss or
damage which may be suffered or incurred as a result of claims,demands,
suits or actions arising out of the performance by either party to this
Agreement,however,Applicant shall not be liable for the negligent actions
Or wilful misconduct of the Commission. The indemnification provided herein
is subject to the limitations relating to sovereign immunity as set forth in
Section 768.28,Florida Statutes.
11.3 The person signing on behalf of the Applicant hereby represents
and warrants that he/she has the power and the authority to execute this
8
Agreement and to bind the Applicant to all terms and conditions set herein
including,but not limited to, the provisions of this Section 11.
12. 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.
13. 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
affected thereby.
14. CHOICE OF LAW: •
This Agreement and the rights of the parties hereunder shall be governed by
and interpreted in accordance with Florida law.
15. MAINTAINING THE APPLICANT'S
• ACCREDITED/REACCREDITED STATUS:
If the Applicant is awarded accredited or reaccredited status by the
Commission,the Applicant agrees to remain in compliance with those
standards under which accreditation or reaccreditation is awarded. After an
award of accreditation or any reaccreditation,the Applicant 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
accredited or reaccredited.
9
16. WAIVER:
Any waiver by the Commission of any breach of this Agreement by the
Applicant shall relate only to that particular breach and.shall not amount to
a general waiver.
17. 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.
18. HEADINGS:
The headings to this Agreement shall not be deemed part of it and shall not
in any way affect its construction.
10
19. CONSENT TO BE BOUND:
19.1 The Applicant has read the following document and agrees to and
accepts the standards set forth by the Commission for Florida Law
Enforcement Accreditation, Inc.
19.2 All disputes arising under this Accreditation/Reaccreditation
Agreement of the enforcement, execution,or any other actions,
relative to this Accreditation/Reaccreditation Agreement or any
other agreement,standard,rule,or regulation,pertaining to the
accreditation process and the maintenance of accreditation
thereafter,will be arbitrated in the city of Orlando,Florida, .
pursuant to the Commercial Arbitration Rules of the American_
Arbitration Association.
IN WITNESS WHEREOF,the Applicant has caused thi Agreement to be
executed o
date)- /,984" "e/ae-a-e°2--d
Attest:
* Title MAyoe.. , vILLs}G.E oF -ri:reuxs-rfe
Attest:
** Title otleF op PoL.te , v%Lt.a oF -reau's-rft
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.
•
By: Executive Director
* Title of the Applicant's Chief Executive Officer
** Title of the appropriate civil authority in the event such signature is required
to effect this Agreement.
•
`� 11