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2002-056 Pub Safety AccreditationRESOLUTION 56-2002 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH I'AI,M BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK 7'O SIGN AN ACCREDITATION AGREEMENT WITH THE COMMISSION FOR FLORIllA I,AW ENFORCEMENT ACCREDITATION, INC., A FLORIDA N0T-FOR-PROFIT CORPORATION, ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THIi PLJRI'OSE OF THE DEPARTMENT OF PUBLIC SAFETY OF NORTH PALM BEACH BI?COMING AN ACCREDITED LAW ENFORCEMENT AGENCY IN THE STATE OF FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE. BI? 1T RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Accreditation Agreement with the Commission for Florida Law Enforcement Accreditation, Inc., a I'lorida not-for-profit corporation, attached as Exhibit "A", which agreement is for the purpose of the Department of Public Safety of North Palm Beach becoming an accredited law enforcement agency in the State of Florida. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Accreditation Agreement with the Commission for Florida Law Enforcement Accreditation, Inc., set forth in fixhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASS}3ll AND ADOPTED THIS ]4th DAY OF NOVEMBER, 2002. (Village Seal) A7'TIST: '- • VILLAGE CLERK • ACCREDITATION AGREEMENT This Agreement is entered into between the Village of North Palm Beach/North Palm Beach Public Safetv Department with principal offices at 560 U. S. Highway 1. North Palm Beach. Florida 33408-4902 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 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 to this Agreement (a) by assessing the Applicant's compliance with the standards established by the Commission in order for the Commission to determine if the Applicant is eligible for accredited status; and, (b) by maintaining compliance with those standards by which they were accredited until the agency is reaccredited. 1.2 Unless specifically stated otherwise, all terms and conditions stated in this Agreement apply to initial accreditation and the Applicant is responsible for complying with all terms and conditions of this Agreement during the accreditation 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 maybe . provided in accordance with laws, regulations, and ordinances Rev. 3/14/01 of the county and locality, or municipality in which the • Applicant 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 seeking accreditation by comparative compliance must satisfy the Commission standazds found as Appendix B in the current edition of the Florida Standazds Manual. 2.7 If the Applicant received accredited status by comparative compliance, the Applicant must promptly notify the Commission in writing upon the expiration, revocation, or withdrawal of Applicant's accredited 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 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. • 2 Rev. 3/14/01 3.4 Assess all compliance data against the standards and • certify the Applicant as accredited if the relevant standards are met and compliance is accepted by the Commission. 3.5 If the Applicant is accredited, provide (a) a certificate, or (b) additional indications of accreditation, if necessary. 3.6 Following an examination of compliance with the applicable standards, if the Applicant is not accredited by the Commission at the time of review, the Applicant 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 Chief Executive Officer, or authorized representative and the Commission's authorized representative sign the Agreement. 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 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 within the time mandated, except that the Agreement maybe extended pursuant to Section 4.3; or • Rev. 3/14/01 • (f) Upon expiration or revocation of the Applicant's accredited 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. 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 shall pay any additional fees the Commission deems reasonable. 4.4 Reaccreditation: An agency must execute a Reaccreditation Agreement in the same formality as this agreement at least 12 (twelve) months prior to the expiration of their accredited status. The terms and conditions of reaccreditation shall be as agreed upon in the Reaccreditation Agreement. Failure to timely execute a Reaccreditation Agreement with the Commission may result in the lapse of the Applicant's accredited status. 5. MODIFICATIONS: 5.1 Applicant 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 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 and amendments. Applicant shall be notified of such modifications and/or amendments in writing. 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 most current edition of the Florida Standazds Manual in circulation at time of signing this Agreement. If the Commission approves another standards • edition during the pendancy of this Agreement, Applicant may notify the Commission in writing of its intent to utilize 4 Rev. 3/14/01 • the 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; or 6.2 If the Applicant chooses to pay the full amount within sixty (60) days upon signing the contract a ten (10%) percent 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 Applicants pursuing full compliance accreditation shall be required to pay a fee to the Commission for accreditation 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 - 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.S Applicants pursuing comparative compliance accreditation, i.e., those applicants currently accredited with the Commission on Accreditation for Law Enforcement Agencies (CALEA) 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. This fee structure represents a forty (40%) per cent reduction from the full compliance fee structure: Rev. 3/14/01 • NUMBER FEE 1 - 09 10 - 24 25 - 99 100 - 299 300 - 499 500 + Donation $ 300.00 600.00 1,200.00 1,800.00 2,400.00 6.6 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. 7. NEWS RELEASES: 7.1 The Commission shall have the right to identify the Applicant in news releases and any publicity program the 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 seeking accreditation. 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 shalt 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. 6 Rev. 3/14/01 • 9. WARRANTY NOT INTENDED OR IMPLIED: 9.1 It is understood that the Commission's award of accreditation 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. 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: 10.1 To the extent provided by general and special law, the Applicant shall indemnify and hold harmless the Commission, its officers, employees, volunteers and agents from any and all liability loss or damage which maybe suffered or incurred as a result of claims, demands suits or actions arising out of the Applicant's performance under this Agreement. This shall not apply to any claims based on the Commission's negligence in its performance under this Agreement. Nothing herein shall be 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, Rev. 3/14/01 • 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. The terms and conditions of this Agreement shall be binding on the Applicant for the entire accreditation period. 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 ACCREDITED STATUS: 14.1 If the Applicant is awTdrded accredited status by the Commission, the Applicant agrees to remain in compliance with those standards under which accreditation is awarded. After an award of accreditation, 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. 14.2 If the Commission has determined that reasonable grounds exists to believe an agency is not in compliance with the standards under which accreditation was awarded, the Commission may require an immediate on-site review (full or partial) at any time during the Applicant's accreditation period at the expense of the Applicant. The Commission may revoke accredited status if the review indicates that the Applicant is not incompliance with the standards under which it was accredited 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 shall relate only to that particular breach and shall not amount to a general waiver. 16. NOTICE: • Rev. 3/14/01 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 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 Accreditation Agreement of the enforcement, execution, or any other actions, relative to this Accreditation 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. 18.3 The person signing on behalf of the Applicant hereby represents and warrants that he/she has the power and the authority to execute this Agreement and to bind the Applicant to all terms and conditions set herein including, but not limited to, the provisions of this Section 18. • 9 Rev. 3/14/01 • N WITNESS WHE OF, the Applicant has aused this Agreement to be executed on ~ (date): Attest: ~i4 YD.~? * Title: -~ ** TitlFf ~j~GGAGE G'G,~ IN WITNESS WHEREOF, the Commission has caused this Agreement to be executed by the Executive Director of the Commission, acting on its behalf, on ~1 nn (date): /~/ o~t7d Commission for lorida Law Enforcement Accreditation, Inc. By: 2 xecutive 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. ~0 Rev. 3/14/01