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HomeMy WebLinkAbout84-1030 EPD Accreditation Sur- M30 THE ACCREDITATION PROGRAM FOR LAW ENFORCEMENT AGENCIES ACCREDITATION AGREEMENT The Agreement is entered into between the City of Elgin Police Department (full name of agency) with principal offices at 150 Dexter Court Elgin. Illinois Zip 60120 telephone number (312 ) 695-6500 hereafter referred to as the "Agency," and the Commission on Accreditation for Law Enforcement Agencies, Inc., a Maryland Corporation, with principal offices at 42428 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 part 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 in the initial process 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. 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. 22 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-test 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. 32 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, orauthorized 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 fees as the Commission shall determine. 5. 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 con- sideration thereof by giving notice by registered or certified mail,return receipt requested, no less than twenty(20)days, that In the event the Agency refuses to accept and execute such modifications or amendments, then and In such event, this Agreement will be terminated. 6. TIME AND MANNER OF PAYMENT: 6.1 The Agency will pay to the Commission the sum of one-thousand, eight-hundred and seventy-five dollars ($1875.()0) upon the signing of this Agreement by the Agency's Chief Executive Officer or his authorized representative and a like sum when the on-site assessment is scheduled and the Agency notified thereof. 6.2 No refund of such sum will be made unless and except the Agency is determined to be not • eligible for candidacy upon examination of the initial application form and/or in light of all other available data. 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 off i• vials, employees or agents, or upon order or subpoena of any court, state or federal, any materials or contents thereof, either provided by the Agency or developed by the Commis- sion in the furtherance of its responsibilities under this Agreement. 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 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 has been accredited;the sole purpose of said news release and publicity program will be to identify the Agency as achieving accreditation and no other specific information regarding accreditation shall be mentioned.Where specific mention of the accredited Agency's name 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. 2 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. - . - - - - $1446-At Reemesbi. 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. 16. NOTICE: 16.1 Any notice or other communications 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. 3 18. CONSENT TO BE BOUND: . • 18.1 The Agency has read the following documents and agrees to and accepts them: (a) Standards for Law Enforcement Agencies: The Standards Manual of the 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," (Eli) Chapter V, "Procedures for the Review and Appeal of Commission Decisions," and (Iv) Chapter VI, "The Process of Reaccreditation." 18.2 • Venue for all disputes arising out of the enforcement, interpretation or execution of this Agreement or any other agreement, standard, rule or regulation pertaining to the accreditation process and the main- tenance of accreditation thereafter shall be solely in Kane County, Illinois. IN WITNESS WHEREOF, The Agency has caused this Agreement to be executed on (0 e . , 19 1-1 Attest: / tik sika By 0. A..a—••ieiLkAlf.A4(A--.'/By /. Robert Maim (typed name) Interim City Manager (title)' Attest: By • By -- Robert L. Baird (typed name) • Chief of Police . (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 , 19 Attest: The Commission on Accreditation for Law Enforcement Agencies, Inc. By By James V. Cotter 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 COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. INVOICE* Accreditation fees are based on numbers of full-time agency employees as follows: No. of Full-time Accreditation Employees Fees** 1-9 $ 3,800 10-24 5,500 25-49 5,600 50-199 7,500 200-499 9,400 500-999 11,400 1000-2999 12,100 3000 and above $14,700 Our agency employees 120 full -time employees. The indicated fee is $ 3750.00 Wx x cbimut>d:Oecxax)c:$xxxxxxxxxxxkxxcexxbnz). One half of that amount is remitted to the Commission. Memorandum of remittance: Check No. in the amount of $ has been remitted to the Commission on (date) . Or, Purchase Order No. 46.5 3 is being forwarded to the Commission in an amount of $ 1875.00 on date) 10/30184 • For the agency: Ale Date: October 30. 1984 signature Robert L. Baird (typed name) Chief of Police (title) * This invoice is intended as the agency's record of payment to the Commission on Accreditation for Law Enforcement Agencies, Inc.; the invoice should be maintained in the agency's accreditation file. A photocopy may be submitted with the check or purchase order. ** Fees for agencies with multiple districts, precincts, or substations could be higher than indicated. Please do not write in this space AGENCY LETTER OF REPLY Acc. Applic. No. ORI No. • Date Rec'd. TO MEMBERS OF THE COMMISSION: o Attached is our application for accreditation, signed contract, and accreditation fee. o The full , official name of the agency is City of Elgin Police Department o The address of which is: Street: 150 Dexter Court City: Elgin State: Illinois Zip 60120 Telephone No. (312 ) 695-6500 (We prefer mail sent to Post Office Box , Zip ) o All correspondence should be directed to: IIIThe agency's chief executive officer. I The indicated accreditation manager. Accreditation Manager's Name: Eric K. Isom Title Lieutenant Unit o Attached is our application and the contract, duly signed. Also attached is our check or purchase order in the amount of $ 187 ,00 to cover the costs attendant to our agency's application for accreditation. The commitment our agency must make in working with the Commission toward accreditation is understood and accepted. Also, we are prepared to provide information promptly concerning our agency that the Commission requires in making its determination for awarding accreditation. It is also understood that our agency is entering into a nonadversial working relationship with the Commission and that our agency can terminate its applicant status at any time upon notice as indicated in the aforementioned contract, Section 4.2(b). For the agency: Date: October 30. 1984 By signat Ar- Robent Ar- RobertL. Baird (typed name) Chipt of P lice (title) Enc. COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. APPLICATION FOR LAW ENFORCEMENT ACCREDITATION AGENCY NAME: City of Elgin Police Department STREET ADDRESS: 150 Dexter Court CITY: Elgin COUNTY: Kane STATE: Illinois ZIP 60120 TELEPHONE NO.: ( 312) 95-6500 AGENCY'S CHIEF EXECUTIVE OFFICER: Robert L. Baird TITLE : Chief PROJECTED ACCREDITATION MANAGER: Fric K. Isnm TITLE: iiputenant The Agency's statutory or legal basis is as follows (See reverse side for examples) : Pursuant to Article 7, §6 of the 1970 Illinois Constitution, the City of Elgin is a home rule unit and as such may, ". . . exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license, to tax; and to incur debt." This grant is to be liberally construed (Art. 7, i6(m) ) and includes the power to contract. The agency's eligibility is in accord with the Commission's criteria as follows (See reverse side for criteria and types of eligible agencies): Municipal Police Agency S The commitment our agency must make in working with the Commission toward accreditation is understood and accepted. For the agency: Date: October :In, lqi14 By si . atuTe) Robert L. Baird (typed name) Chief of Police (title) Statutory or Legal Basis Example: An example of the legal basis of a municipal police department in Massachusetts. Chapter 4, S.1 of the General Laws of the Commonwealth of Massachusetts grants to cities and towns of the State the right to funtion as governmental bodies, exercising the various types of power common to governments. The cities and towns are given the authority to make contracts in the exercise of their corporate powers (G.L. C.40, S.4) , and to appropriate money for the salaries of officials whose positions are established by law (G.L. C.40 S.5). More specifically, the cities and towns are allowed to make any orders and by-laws necessary for the preservation of peace and good order,and for the maintenance of an internal police (G.L. C.40, S.21). Eligibility Criteria Law enforcement agencies that are eligible to apply for and to become accredited through participation in the accreditation program are defined as: (1) those whose eligibility is derived from legal authority; and (2) those whose eligibility is verified by the Commission. More specifically, eligible law enforcement agencies are defined as: 1. A legally-constituted governmental entity having mandated responsibilities to enforce laws and having personnel with general or special law enforcement powers. Examples of these include: o State police agencies o State highway patrol agencies o State departments of law enforcement o County law enforcement agencies o Sheriffs' departments and offices o Municipal law enforcement agencies o Specialized law enforcement agencies (e.g. , university, transit, port authority, park, fish and game, housing, etc.) 2. Agencies providing law enforcement services whose eligibility is verified by the Commission.