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HomeMy WebLinkAbout2552 1 2 3 RESOLUTION NO. 2 5 5 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE THE ACCREDITATION PROGI~ FOR LAW ENFORCEMENT AGENCIES ACCREDITATION AGREEMENT BETWEEN THE CITY AND THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. 4 5 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: 8 9 section 1. The Mayor and Ci ty Clerk of the City of 10 Auburn, washington, are herewith authorized to execute The 11 Accreditation for Law Enforcement Agencies Program 12 Accreditation Agreement between the City and the Commission on 13 Accreditation for Law Enforcement Agencies, Inc. The 14 Agreement is attached, designated Exhibit nAn and incorporated 15 by reference in this Resolution. 16 Section 2. The Mayor is hereby authorized to implement 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation. 19 DATED and SIGNED this 15th day of August, 1994. 20 21 CITY OF AUBURN 22 23 CJ..kG.~ 24 MAYOR 25 26 ResoLution No. 2552 August 2, 1994 Page 1 21 22 23 24 25 26 1 2 ATTEST: 3 4 ~ 1dJ-ILI ~ ~ Rob1n Wohlhueter, City Clerk 5 6 7 8 9 APPROVED AS TO FORM: ~ 11 Michael J. Reynolds, Acting City Attorney 12 13 14 15 16 17 18 19 20 Resolution No. 2552 August 2, 1994 Page 2 _eE~\\fE]J I~,IIJG 2 '9 f\~C;.~ THE ACCREDITATION PROGRAM FOR LAW ENFORCEMENT AGiENCIES ACCREDITATION AGREEMENT for grant recipients This Agreement is entered into between the City of Auburn, Washington, Police Department (tunJ8~e .1!, a!JEl~) . with principal offices at ~5"' tAJ)ltf/l" 7f{{/-!~J f1tdl.L/A~ wf}- ziP9t'm1 telephonenumberc9Cb) ~/'-3d?x) hereafter referred to as the "Agency," and the Commission on Accreditation for Law Enforc:ement Agencies, Inc., a Maryland Corporation, with principal offices at 10306 Eaton Place, Suite 320, Fairfal(, Virginia 22030- 2201, telephone number (703) 352-4225 or (800) 368-3757, hereafter referred to as the "Commission.. WITNESSETH The Agency and the Commission, for and in consideration of the mutual covenants set forth iin this Agreement and the compensation to be paid to the Commission as hereafter specified, covenant and agree to be bound by the provisions, tenns, 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 the Commission's assessing the Agency's, compliance with applicable standards established by the Commission in order for the Commissio,n to determine if the Agency is eligible for designation as accredited, and (b) by the Agency's maintalining compliance with those standards by which they were accredited. 2. AGENCY'S RESPONSIBILITIES: The Agency agrees to: 2.1 Provide all information, using its best and honest judgment in good faith, mquested 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 state, county, locality, or municipality in which the agency is located. 2.3 Conduct a self-assessment as to compliance with applicable standards, and provide full and accurate results thereof to the Commission. 2.4 Provide one or more persons to assist the Commission's representatives, hereaf1ler referred to as the "Assessors," in making the necessary inquiries and assessments of agency information relative to compliance with applicable standards; provide access to files and records; and plrovide 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. 3. COMMISSION'S RESPONSIBILITIES: The Commission agrees to: 3.1 Provide necessary documentation, forms, and instructions regarding the accreditiation process. 3.2 Provide Assessors for the purpose of conducting an on-site assessment of the Agency's compliance with applicable standards.* 3.3 Promptly analyze compliance data and advise the Agency of the results of the on..site assessment and the need for additional information, if any.. 3.4 Conduct a hearing and certify the Agency as accredited if the relevant standards an~ complied with. * 3.5 If the Agency is accredited, (a) provide a certificate, and (b) make available indicia of accreditation. 3.6 If the Agency is not accredited following an examination of compliance with appl~~able standards, provide the Agency with reasons for the Commission's decision. *This provision applies only after payment of on-site assessment costs by the agency. February. 1994 (A) Ewl~7t 4. TIME PERIOD COVERED BY THIS AGREEMENT: 4.1 This Agreement shall take effect when the Agency's Chief Executive OfficElr, or authorized representative, and the Executive Director of the Commission, acting on its behalf, sign the Agreement. This Agreement shall be effective upon signing by the second part)r. 4.2 The terms and covenants of this Agreement shall terminate in the following circumstances: (a) Upon execution of a Reaccreditation Agreement between the Agency and Commission; or (b) Upon expiration of the 36th month following the effective date of this Agr'eement unless a successful on-site assessment is completed within that period of time; or (c) Upon written notice by the Agency that it withdraws from the accreditation process; or (d) Upon termination pursuant to Section 5.2 or 6.1 hereof; or (e) Upon expiration or revocation of the Agency's accredited status. 4.3 The Commission may, at its discretion, upon request by the Agency, extend this Agreement in accordance with Section 6.3. 5. MODIFICATION: 5.1 There shall be no modifications of this Agreement except in writing, signed by loath parties, and executed with the same formalities as this document. 5.2 The Agency recognizes and acknowledges that it will be necessary for the Commission to make reasonable modifications and amendments to this 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 which the Agency deems reasonable. In the event the Agency deems such modifications or amendments unreasonable, the Commission reserves the right to terminate this Agreement after due consideration thereof by giving notice' by registered or certified mail, return receipt requested. that in the event the Agency refuses to accept and execute such modifications or amendments, then and in such event, this Agreement willlbe terminated. 6. TIME AND MANNER OF PAYMENT: 6.1 In recognition of the Agency's selection as a Commission grantee, the Commission agrees to waive the Agency's accreditation fee of $7,650.00 so long as the Agency completes self- assessment and has a successful on-site assessment within 36 months of the exe<:ution date of this contract. If the Agency does not complete self-assessment and have a su(:cesssful on-site assessment by the 36th month, the Agency will remit to the Commission the full amount ( $ 7,650.00 ) of the grant award. 6.2 If the Agency, within eight weeks of executing this contract, is determined ineligible to participate in the accreditation program, the Agency may withdraw from the process without penalty. 6.3 When the Agency notifies the Commission that it is ready for an on-site assessment, the Commission will bill the Agency for the Commission's projected on-site assessment costs plus a 25% administrative fee (based on estimated costs). Payment will be required prior to the on-site assessment. If the projected on-site costs exceed the actual on-site costs. the Commission will return the excess amount to the Agency. 6.4 If the Agency requires more than 36 months to complete a successful on-site assessment, the Agency agrees to pay a nonrefundable annual fee amounting to 35% of the fee' in effect on the effective date of this Accreditation Agreement. This annual fee shall be due and payable 36 months after the effective date of this Agreement, and every 12 months thereafter, until a successful on-site assessment has been achieved or this Agreement has been terminated in accordance with Section 4 supra. 6.5 If the Agency"s initial on-site assessment is not successful (Le., work after tlhe initial on-site assessment is required to achieve compliance with applicable standards), the Agency shall prepay estimated costs plus a 25% administrative fee (based on estimated costs) for a subsequent on-site assessment and/or additional staff/assessor assistance required on or off site. Tho additional work required (on and/or off site) must be completed within six months. If the projected (:osts exceed the actual costs, the Commission will promptly return the excess amount to the Agency. 2 7. CONFiDENTIALITY: 7.1 The Commission shall receive and hold confidential any and all reports, files, mcords, and other data obtained from the Agency pursuant to this Agreement. The Commission sohall not disclose, distribute, or release to any person or organization, except authorized Agency oflicials, employees or agents, or upon order of any court, state or federal, any materials or contents thereof, either provided by the Agency or developed by the Commission in the furtherance of its responsibilities under this Agreement. Notwithstanding anything in this Agreement to the contrary including the above, the Commission is authorized, but not required, in the exercise of its s~ole discretion, to conduct an open meeting regarding the Agency's candidacy for accreditation or, its continued compliance with applicable standards, including but not limited to all factual mattl:lrs relating to the assessment, appraisal, and determination of accreditation, and all comments which form a basis for the opinion either in favor of or against accreditation, unless specifically notifi4:ld by the Agency in writing to the contrary, in which case such meeting shall be closed to the publk:. Nothing herein shall be construed to require the Commission to conduct all or part of its meeting in public, including but not limited to the right of the Commission, in the exercise of its sole discretion, to terminate an open meeting at any time and conclude such meeting in a closed session. 7.2 In response to inquiries concerning the Agency, the Commission's reply will be to identify the Agency's status as categorized in the Commission's Public Information Policy. All other requests for information will be directed to the Agency's Chief Executive Officer. 8. NEWS RELEASES: 8.1 Notwithstanding any provision of this Agreement to the contrary, the Commisskm shall have the right to identify the Agency in news releases and its publicity program after the Agency's on-site assessment has been scheduled; the purpose of said news release and publicitJ' program will be to identify the Agency as seeking accreditation. Other news releases may be made by the Commission in accord with its Public Information Policy. Where specific mention of the Agency is used in this regard, a copy of the news release or publicity material will be provided to the Agency for its information. 8.2 The Agency shall provide the Commission with a copy of all its news releases or publicity material concerning its accreditation activities. 9. THE COMMISSION AS AN INDEPENDENT CONTRACTOR: 9.1 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 Agency. The selection and designation of the personnel of the Commission in performance of its responsibilities under this Agreement shall be made by the Commission. 9.2 In all matters pertaining to this Agreement and the relationship between the parties thereto, the Executive Director of the Commission will act in the name of the Commission. 10. INDEMNIFICATION: 10.1 The Agency shall indemnify and hold harmless the Commission from all claims, demands, suits, and actions against the Commission as a result of the distribution by the Agency to third persons of any reports, results of analyses, recommendations, or other communications furnished to it by the Commission. 10.2 The Agency 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 of either party to this Agreement. 10.3 The person signing on behalf of the Agency hereby represents and warrants that he or she has the power and authority to execute this Agreement and to bind said Agency to all terms and covenants contained herein including, but not limited to, the provisions of this Section 10. 11. INTEGRATION: 11 .1 This instrument embodies the whole Agreement of the parties. The parties wammt that there are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previOUS comroonications, representations. or agreements, either verbal or written, between the parties hereto. 3 12. SEVERABILITY: 12.1 If any provision of this Agreement or the application of such provision tel 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 im,alid shall not be affected thereby. 13. CHOICE OF LAW: 13.1 This Agreement and the rights of the parties hereunder shall be governed by Clnd interpreted in accordance with the law of the state of Virginia. 14. MAINTAINING THE AGENCY'S ACCREDITATION STATUS: 14.1 When the Agency is awarded accreditation by the Commission, the Agency aorees to maintain compliance with those applicable standards under which accreditation was awarded. After award of accreditation, the Agency agrees to (a) file annual reports on forms supplied b), the Commission that testify to its continuing compliance, and (b) promptly notify the Commissio,n when it cannot or does not maintain compliance with applicable standards. 14.2 As regards maintaining the agency's accreditation status, the Agency and the Commission acknowledge and agree to be bound by the provisions of the Reaccreditation Manual. 15. WARRANTY NOT INTENDED OR IMPLIED: 15.1 It is understood that the Commission's award of accreditation does not consltitute a warranty, express or implied, of total or continued compliance by the Agency with all applicable standards of accreditation and, further, that it is not a substitute for the Agency's ongoing and in-depth monitoring and evaluation of its activities and the quality of its services. 16. WAIVER: 16.1 Any waiver by the Commission or any breach of this Agreement by the Agenc)r shall relate only to that particular breach and shall not amount to a general waiver. 17. NOTICE: 17.1 Any notice between the parties shall be in writing and sent postage prepaid, to lthe addresses as specified in the preamble of this Agreement or to such other address as either party may specify in writing in accordance with this section. 18. HEADINGS: 18.1 The headings of this Agreement shall not be deemed part of it and shall not in ~my way affect its construction. 19. CONSENT TO BE BOUND: 19.1 The Agency has read the following documents and agrees to and accepts them: (a) Standards for Law Enforcement Agencies: The Standards Manual of the L.aw Enforcement Agency Accreditation Program; (b) Accreditation Program Book; (c) Self-assessment Manual; (d) Reaccreditation Manuaf, and (e) Public Information Policy for the Accreditation Process. 19.2 All disputes arising under this Agreement or the enforcement, execution, or alny other actions, relative to this 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 Fairfax, Virginia, pursuant to the Commercial Arbitration Rules of the AmE!rican Arbitration Association. 4 ^ , . IN WITNESS WHEREOF, The Agency hy"Sed this Agreement to be executed on CZu.~Jd 15" ,19 0 . ATTES ':- CITY OF AUBURN (') ~: ~ By Ro~~I!l&h<<~<c By ~G:- (;~.~ City Clerk Charles A. Booth (typed name) Mayor APPROVED AS TO FORM: ~~~ By .p~~ ~ 'chael J. Reynolds ~ ct1ng C1ty Attorney (tide)' ~xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxx l!YJfdiI~ xxxxxxxxxxxxxxxxxxxxxxxxxxx XX~X IN WITNESS WHEREOF, the Commission has caused this Agreement to be executed by the Executive Director of the Commission, acting on its behalf, on August 30 , 19 94 :"~.:! ~ The Commission 0 Accmditation for Law Enfor e tiS, Inc~: Certificate of Acknowledgment: County of Fairfax Commonwealth of Virginia The foregoing instrument wa:; acknowledged before me this 30th day of J~gust, 1994, by Richard F. Kitterman, Jr. ~~~ Elaine K. Conner Notary Publie My commission expires August 31, 1996. "Title of the Agency's Chief Executive Officer. ..TItle of the appropriate civil authority in the event such signature is required to effect this Agreement. If not required, please so note in this signature block. 5 "