R99-067 RESOLUTION NO. R99-¢2'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AN ACCREDITATION AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE COMMISSION
FOR FLORIDA LAW ENFORCEMENT
ACCREDITATION, INC., FOR THE PURPOSE OF
ACCREDITATION OF THE BOYNTON BEACH POLICE
DEPARTMENT; AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE THE SAID
AGREEMENT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton, Florida
deems it to be in the best interests of the residents and citizens of the City of
Boynton Beach to enter into an Agreement between the City of Boynton Beach and
the Commission for Florida Law Enforcement Accreditation, Inc., a Florida not-for-
profit corporation, for the purpose of accreditation of the Boynton Beach Police
Department;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby approve the Agreement between the City of Boynton Beach and the
Commission for Law Enforcement Accreditation, Inc., and authorize the Mayor and
City Clerk to execute said Agreement, which is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
/ day of June, 1999.
Commissioner
ACCREDITATION AGREEMENT
This Agreement is entered into between the Boynton Beach Police Department with
principal offices at 100 East Boynton Beach Boulevard, Bovnton Beach, Florida 33435,
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 of the Agreement (a) by measuring the Applicant's
complianc~ 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
this Agreement during the accreditation and reaccreditation
process.
his agency incurred approximately $2,000.00 in expenses for a
mock assessment and the actual assessment. This was the cost of
having assessors on site for two three day assessment periods.
They also were required to make some physical improvements to
their facilities which cost approximately $12,000.00. At this
point we can not determine if any improvements or modifications
to our facilities are necessary.
FLA-PAC will be holding their annual meeting in Ft.
Lauderdale on June 2,3 and 4. Ms. Moody suggested that I attend
at least the workshop on the first day. There is no cost for
this.
I don't see any problems with the A~creditation Agreement
itself. It is the standard form used for all agencies who
undergo-the process.
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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
accredited/reaccredited status with the Commission on
Accreditation for Law Enforcement Agencies, Inc.,
(C.A.L.E.A)
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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 compli _ance 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 at
the next general meeting.
3.5 If the Applicant is accredited or reaccredited, 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 or
reaccredited by the Commission at the next general meeting,
the Applicant will be notified with the reasons for such
determination within 30 days.
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 failure to become
reaccredited thereafter; or except as provided in
Section 4.3; or
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(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 tstandardsToraccreditation/reaccfeditation. 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
reaccredited. Both parties shall acknowledge, in writing, the
extension of the terms and conditions of this Agreement for
purposes of reaccreditation.
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.
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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.
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, remm receipt requested, within twenty (20)
days, of such refusal.
5.3 Applicant must utilize the accreditation standards
edition supplied to Applicant 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.
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 balmace due in twelve (12) months.
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 perfomaing duties in connection with this
Agreement.
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6.4 Applicant shall be required to pay a fee to the
Commission for accreditation or 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 or extended
for purposes of reaccreditation:
NUMBER FEE
1 09 Don~ion
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.
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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. In the case ofreaccreditation, 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.
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7.2 The Applicant shall provide the Commission with a
copy of all its news releases or publicity material concerning
its accreditation activities.
THE COMMISSION AS AN INDEPENDENT
CONTRACTOR:
8.1 In all matters pertaining to this Agreement, the
Commission shall be acting as an independent 6ontractor, 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 o£
the Commission as it relates to performance of its
responsibilities under this Agreement shall be made by the
Commission. ~
REACCREDITATION:
9.1 The Applicant must notify the Commission, in
writing, of its intent to apply for reaccreditation with the
Commi~sion not less than 12.months prior to the expiration of
the initial accredited o'r any reaccr'edited 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 reaccreditafion being based on a
full compliance on-site assessment at the time of
reaccreditation.
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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. INDEMNIHCATION:
11.1 TheA
Commission,
claims, demm
a result of an3
of any reports
communicatk
11.2 The A
Commission,
' and all liabilil
incurred as a ~
arising out of
Agreement.
11.3 The p~
represents ant
authority to e:
to all terms ar
limited to, the
>plicant shall indemnify and hold harmless the
its officers, employees, and agents, from all
ds, suits and actions against the Commission as
distribution by the Applicant to third persons
results of analyses, recommendations, or other
ns furnished to it by the Commission.
~plicant shall indemnify'and hold harmless the
.ts officers, employees, and agents, from any
~, loss or damage which may be suffered or
esult of claims, demands, suits or actions
:he performance by either p..arty to this
rson signing on behalf of the Applicant hereby
warrants that he/she has the power and the
ecute this Agreement and to bind the Applicant
t conditions set herein including, but not
)rovisions 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.
14.
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.
CHOICE OF LAW:
This Agreement and the fights of the parties heremader shall
be governed by and interpreted in accordance with Florida
law.
15.
16.
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.
Any waiver by the Commission of any breach of this
Agreement by the-Applicant shall relate only to that particular
breach and shall not amotmt to a general waiver.
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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.
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19. CONSENT TO BE BOUND:
IN WITNESS
executed on
(date):
Attest:
* Title
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.
WHEREOF, the Applicant has caused this Agreement to be
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.
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.
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