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HomeMy WebLinkAbout6240RESOLUTION NO. 6240 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE COM- MISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. RELATING TO THE ACCREDITATION OF THE PUEBLO POLICE DEPARTMENT AND AUTHORIZ- ING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: QPrrrTnM 1 The Accreditation Program For Law Enforcement Agencies Accreditation Agreement dated July 25, 1988 between Pueblo, a Municipal Corporation and The Commission on Accreditation For Law Enforcement Agencies, Inc., a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. gprTTr)M 9- The President of the City Council is authorized and directed to execute the Agreement for and on behalf of the City and the City Clerk is directed to attest same and affix the seal of the City thereto. INTRODUCED: JULY 25 , 1988 By MICHAEL OCCHIATO Councilman ATTEST: APPROVED: erk / President of tK6"City Counc THE ACCREDITATION PROGRAM FOR LAW ENFORCEMENT AGENCIES ACCREDITATION AGREEMENT The Agreement is entered into between the City of Pueblo, Colorado (full name of agency) with principal offices at 1 City Hall Place Pueblo, Colorado Zip 81003 telephone number (719)549 -1250 hereafter referred to as the "Agency," and the Commission on Accreditation for Law Enforcement Agencies, Inc., a Maryland Corporation, with principal offices at 4242B Chain Bridge Road, Fairfax, Virginia 22030, telephone number (703) 352 -4225, hereafter referred to as the "Commission." WITNESSETH The Agency and the Commission, for and in consideration of the mutual covenants set forth in this Agreement and the compensation to be paid to the Commission as 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 respon- sibilities of, the parties of the Agreement (a) by measuring the Agency's compliance with the standards established by the Commission in order for the Commission to determine if the Agency is eligible for certification as accredited and (b) by maintaining compliance with those stan- dards by which they were accredited until the Agency is reaccredited. 2. AGENCY'S RESPONSIBILITIES: The Agency agrees to: 2.1 Provide all information, using its best and honest judgment 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 state, county, locality, or municipality in which the agency is located. 2.3 Conduct a self- assessment as to the degree of compliance with those of the standards that pertain to its functions and according to its size, 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 infor- mation 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. 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 of the degrees of compliance with standards. 3.3 Promptly analyze all compliance data and advise the Agency 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 Agency as accredited if the relevant standards are met. 3.5 If the Agency is accredited, provide (a) a certificate, and (b) additional indicia of accreditation. 3.6 If the Agency is not accredited following the initial evaluation of the degree of compliance with the standards, provide the Agency with reasons for the Commission's decision. 4. TIME PERIOD COVERED BY THIS AGREEMENT: 4.1 This Agreement shall take effect when the Agency's Chief Executive Officer, or authorized representative, and the Executive Director of the Commission, acting in its behalf, sign the Agreement. 4.2 The terms and covenants of this Agreement shall terminate in the following circumstances: (a) Upon the determination that the Agency's accreditation is deferred unless this Agree- ment is extended pursuant to Section 4.3 hereof; or (b) Upon written notice by the Agency that the Agency intends to withdraw from the accredi- tation process; or (c) Upon termination pursuant to Section 5.2 hereof. 4.3 The Commission may, at its discretion after request by the Agency, following receipt by the Agency of the Commission's decision in accordance with Section 3.6, extend this Agreement to allow the Agency more time to comply with the relevant standards. In the event such extension is granted, the Agency shall pay such additional reasonable fees as the Commission shall determine. S. MODIFICATION: 5.1 There shall be no modifications of this Agreement except in writing, signed by both 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, within twenty (20) days, that in the event the Agency refuses to accept and execute such modifications or amend- ments, then and in such event, this Agreement will be terminated. 6. TIME AND MANNER OF PAYMENT: 6.1 The Agency may elect either one of two manners of payment: (a) full fee in two equal payments or (b) a single, reduced -fee payment. Check the appropriate block and enter the required amount: ® The Agency will pay the Commission the sum of upon signing of this Agreement by the Agency's Chief Executive Officer and a like sum when the on -site assessment is scheduled and the Agency notified thereof. b X The Agency will pay the Commission the sum of $ 11,7 75. 00 ® upon signing of this Agreement by the Agency's Chief Executive Officer as payment in full. 6.2 If the Agency is determined to be not eligible for candidacy, a full refund of such sum will be paid to the Agency, less the $100 application fee. If an Agency withdraws from the ac- creditation process after the on -site assessment, no refund will be paid. If an Agency withdraws from the accreditation process prior to on -site assessment, at least 50% of the Agency's fee, less $100, will be refunded. The refund payment above 50% will be negotiated by the Com- mission and the Agency on the basis of reasonable costs incurred by the Commission. 7. CONFIDENTIALITY: 7.1 The Commission shall receive and hold confidential any and all reports, files, records, and other data obtained from the Agency pursuant to this Agreement. The Commission shall not disclose, distribute, or release to any person or organization, except authorized Agency of- ficials, 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 fur- therance of its responsibilities under this Agreement. Notwithstanding anything in this Agree- ment to the contrary including the above, the Commission is authorized, but not required, in the exercise of its sole discretion, to conduct an open meeting based upon the Agency's application for accreditation including but not limited to all factual matters relating to the assess- ment, appraisal, and determination of accreditation, and all comments which form a basis for the opinion either in favor of or against accreditation, unless specifically notified by the Agency in writing to the contrary, in which case such meeting shall be closed to the public. 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 The Commission, in response to inquiries concerning the Agency's status with respect to accreditation, will only reply (a) the Agency has applied for accreditation, (b) the Agency is a 2 candidate for accreditation, or (c) the Agency is accredited. 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 Commission 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 publicity pro- gram will be to identify the Agency as seeking accreditation. 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 inde- pendent 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 communica- tions furnished to it by the Commission. a 8:;� �'he.Agoricy�sk�alJ. iraderpait�r�uuf -Fold- harmless its C.cxx�a►issi� itsafficars, �pJayQOC - agerrt9- fFOre- er�y- at�d- al+ +ieb+lttlr; foss- efiffecrt► age,- w�i4oh- orrery -serf# erred- c�FinoexFed es-a- - Fes*14Of f'aal+T 9 and8,- &W4&,-0f- eotkxie-aFiSi "aRG9 -?y4 #i@r -f)a *tO- ibis- AgFeera9Rt, 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 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: 12.1 If any provision of this Agreement or the application of such provision to any person or cir- cumstance 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. 13. CHOICE OF LAW: 13.1 This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the law of the state in which the Agency is located. 14. MAINTAINING THE AGENCY'S ACCREDITATION STATUS: 14.1 When the Agency is awarded accreditation by the Commission, the Agency is expected to remain in compliance with those standards under which accreditation was awarded. After award of accreditation, the Agency agrees to (a) file a brief annual report that testifies to its continuing compliance and (b) notify the Commission when it cannot maintain compliance with standards under which it was accredited. 15. WAIVER: 15.1 Any waiver by the Commission of any breach of this Agreement by the Agency shall relate only to that particular breach and shall not amount to a general waiver. 3 16. NOTICE: 16.1 Any notice between the parties shall be in writing and sent by first class mail, postage prepaid, to the addresses as specified in the preamble to this Agreement or to such other address as either party may specify in writing in accordance with this section. 17. HEADINGS: 17.1 The headings to this Agreement shall not be deemed part of it and shall not in any way affect its construction. The Agency has read the following documents and understands tha 18. CONSENT TO BE BOUNDAgency' s initial and continuing accreditation will be based, in 18.1 part, upon Agency's compliance therewith.& (a) Standards for Law Enforcement Agencies: The Standards Manual of the Law Enforce- , ment Accreditation Program. (b) Accreditation Program Book with particular reference to: (i) Chapter III, "The Accreditation Process," (ii) Chapter IV, "Maintaining the Agency's Accreditation Status," (iii) Chapter V, "Procedures for the Review and Appeal of Commission Decisions," and (iv) Chapter VI, "The Process of Reaccreditation." 18.2 All disputes arising under this Agreement or the enforcement, execution, or any 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 town, city, county, or state in which the Agency's headquarters are located pursuant to the Commercial Arbitration Rules of the American Arbitration Association. IN WITNESS WHEREOF, The Agency has caused this Agreement to be executed on July 25 , 19 88 Attest: Pueblo, A M nicipal Corporation By By 'r ,y tT eft _ enneth HUNTER (typed name) President of the City Council (title)' Attest: By By (typed name) (title)* WITNESS WHEREOF, the Commission has caused this Agreement to be executed by the Executive Director of the Commission, acting on its behalf, o ne;.K-[ 7 L2 , 19 Attest: The Commission on Accreditation for Law Enforc ent Agencie C. By 6 —&V tX6 S, By Executive Director '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. 4 9/86