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HomeMy WebLinkAboutResolution_38-97/98_09/10/1998 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 Hansen who moved its adoption. The motion was seconded by Councilmember Mackail , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Carl C. Hansen Ron T. Mackail Elizabeth A. Scha The Mayor thereupon declared the Resolution duly passed j and adopted this 10th day of September, A.D., 1998. MA OF TE ESTA I Elizabeth ,. Schauer - ATTEST: J ann ManganiEdlo Village Clerk 1 • amipro \resolutions \38 -9798 it o N� f O � V FLORIDA LAW Commission for Florida Law -= ExFOp�EMENT Enforcement Accreditation, Inc. October 2, 1998 Chief Stephen J. Allison Tequesta Police Department 357 Tequesta Drive Tequesta, Florida 34469 Dear Chief Allison: For your files, I am enclosing a copy of the fully executed accreditation agreement. The date that I have signed the agreement commences your 24 -month assessment phase. I look forward to your participation and commend you for your interest in a Florida based program. Please call upon me if I can provide any additional assistance at (407) 318- 3396. Sincerely, Susan R. Kyzer Executive Director SRK/mjp Enclosures (1) 400 West Robinson Street, Suite 10235 • Orlando, Florida 32801 • (407) 318 -3396 Fax (407) 318 -3397 ACCREDITATION AGREEMENT This Agreement is entered into between Tequesta Police Denartmgnt with principal offices at 357 Te uesta 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 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 i 1 this Agreement during the accreditation and reaccreditation process. • y 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 FEE - 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 seeing 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. • 7 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 full 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 /O , (date): Attest: * Title MAy , V1LL o f - ra - TA Attest: **Title C4jeF OF PoLkCk� , v%LLn OF - rEQut:; 5 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): AAk') Commission for Florida Law Enforcement Accreditation, Inc. By: Executive IKrebtor * 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