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HomeMy WebLinkAbout01-172 Resolution No. 01-172 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. FOR THE ACCREDITATION OF THE ELGIN POLICE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Accreditation/Recognition Agreement on behalf of the City of Elgin with the Commission on Accreditation for Law Enforcement Agencies, Inc . for the accreditation of the Elgin Police Department, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2001 Adopted: June 27, 2001 Omnibus Vote: Yeas : 7 Nays : 0 Recorded: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk :UN 0 7 2001 - THE ACCREDITATION/RECOGNITION PROGRAM FOR LAV ENFORCEMENT ACCREDITATION/RECOGNITION AGREEMENT This Agreement is entered into between the City of Elgin, Illinois, a municipal (full name of agency) corporation with principal offices at 150 Dexter Ct. telephone number( 847) 931-6]00 Elgin, Illinois Zip 60120 hereafter referred to as the "Agency," and the Commission on Accreditation for Law Enforcement Agencies, Inc., a Maryland Corporation, with principal offices at 10306 Eaton Place, Suite 320, Fairfax, Virginia 22030-2201, telephone number(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 in this Agreement and the compensation to be paid to the Commission as hereafter 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 the Commission's assessing the Agency's compliance with applicable standards established by the Commission in order for the Commission to determine if the Agency is eligible for designation as accredited/recognized, and (b) by the Agency's maintaining compliance with those standards by which they were accredited/recognized. 2. AGENCY'S RESPONSIBILITIES: The Agency agrees to: 2.1 Provide all information, 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. 2.2 Fully and accurately 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/recognition 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/recognized if the relevant standards are complied with. April 2000 3.5 If the Agency is accredited/recognized (a) provide a certificate, and (b) make available indicia of accreditation/recognition. 3.6 If the Agency is not accredited/recognized following an examination of compliance with applicable 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 on its behalf, sign the Agreement. This Agreement shall be effective upon signing by the second party, the "Effective Date." 4.2 The terms and covenants of this Agreement shall terminate in the following circumstances: (a) Upon expiration of the 36th month for accreditation or 24th month for recognition following the effective date of this Agreement unless a successful on-site assessment is completed within that period of time or the payment of an annual contract extension fee for additional time; or (b) Upon written notice by the Agency that it withdraws from the accreditation/recognition process; or (c) Upon termination pursuant to Section 5.2 or 6.1 hereof; or (d) Upon expiration or revocation of the Agency's accredited/recognized status; or (e) Notwithstanding any other provisions herein, at the option of either the Agency or the Commission, upon at least sixty (60) days prior notice by such party to the other specifying the date of termination. 4.3 The Commission may, at its discretion, upon request by the Agency, extend this Agreement in accordance with the terms and provisions of the Accreditation Process Book. 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, fees and other related documents, including but not limited to the accreditation/recognition 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 will be terminated. 6. TIME AND MANNER OF PAYMENT: 6.1 The Agency may elect one of five options for payment of the initial accreditation/recognition fee, which is not refundable. Each option is contained on a separate invoice and describes the options available for initial entry into the accreditation/recognition program. The invoice option selected is attached hereto as an appendix to the Agreement. All accreditation/recognition fees must be paid in full prior to requesting on-site assessment. The Commission reserves the right 2 to terminate this Agreement if an installment payment is delinquent by more than sixty days. 6.1 (a) Option 1 - Accreditation - Single Payment (Excluding On-Site Assessment Charge) Our agency elects option 1 and has attached Invoice 1 to this agreement. The amount of is herein remitted to the Commission. 6.1 (b) Option 2 -Accreditation - Two Installments (Excluding On-Site Assessment Charge) x Our agency elects option 2 and has attached Invoice 2 to this agreement. The amount of $ 6.470 is herein remitted to the Commission. 6.1 (c) Option 3 -Accreditation -Three Installments (Estimated On-Site Assessment Charges Included) Our agency elects option 3 and has attached Invoice 3 to this agreement. The amount of is herein remitted to the Commission. 6.1 (d) Option 4 -Recognition (Excluding On-Site Assessment Charges) • Our agency elects option 4 and has attached Invoice 4 to this agreement. The amount of is herein remitted to the Commission. 6.1 (e) Option 5 - Recognition Through Allied Programs (Excluding On-Site Assessment Charges) Our agency elects option 5 and has attached Invoice 5 to this agreement. The amount of is herein remitted to the Commission. 6.2 If the Agency is determined ineligible to apply for participation in the accreditation/recognition program, a full refund of all sums paid will be returned to the Agency, less the application fees. 6.3 * 7. THE COMMISSION AS AN INDEPENDENT CONTRACTOR: 7.1 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. 7.2 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. 8. AUTHORITY: 8.1 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 8. * 6.3 In the event of a breach of this Agreement by the Commission and the resulting termination of this Agreement by the Agency or in the event of the termination of this Agreement by the Commission for any reason which is not directly caused bya breach of the Agreement by the Agency, the Commission shall rgirincslemc!tsin2rp:id by the Agency to the Agency after deducting therefrom monies performed and expenses already incurred prior to the termination and the Agency shall have no further obligations pursuant to this Agreement. -3- . • A • 9. INTEGRATION: 9.1 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. 10. SEVERABILITY: 10.1 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. 11. WARRANTY NOT INTENDED OR IMPLIED: 11.1 It is understood that the Commission's award of accreditation/recognition does not constitute a warranty, express or implied, of total or continued compliance by the Agency with all applicable standards of accreditation/recognition 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. 12. WAIVER: eitherart he to 12.1 Any waiver r-e -breach of this Agreement by g y shah re ate only to that particular breach and shall not amount to a general waiver. 13. NOTICE: 13.1 Any notice between the parties shall be in writing and sent postage prepaid, to the 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. 14. HEADINGS: 14.1 The headings of this Agreement shall not be deemed part of it and shall not in any way affect its construction. 15. CONSENT TO BE BOUND: 15.1 The Agency has read the following documents and agrees to be bound by the terms and conditions of them, as amended from time to time, during the term of this Agreement: (a) The Standards for Law Enforcement Agencies, Inc, as amended from time to time; (b) Accreditation Process Book, as amended from time to time; and (c) Self-assessment Manual, as amended from time to time. 4 • IN WITNESS WHEREOF, The Agency has caused this Agreement to be executed on 9,u„roe 27 , 200/ Witness: Cil BYici'6"-7144-eZE By GL Joyce Parker (typed name) City Manager (title)* Witness: By (kgBy Dolonna Mecum (typed name) City Clerk (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 June 13 ,2001 Witness: The Co j sion on Accreditation for Law Enforces•nt Agencies, Inc. BY eitti-rci BY .`•J► A sociate Director James D. Brown *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. Adm 60-4/00 5 Please check applicable program: Accreditation Program Please do not write in this Recognition Program Date Reed. COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. APPLICATION FORM AGENCY NAME:* City of Elgin—Elgin Police Department STREET ADDRESS: 151 Douglas Avenue P.O.BOX NO: DNA P.O.BOX ZIP: DNA CITY: E1 gi n COUNTY: Kane STATE: T1,_ ZIP: 60190 AGENCY FAX NO: ( 847) 289-2750 SPECIAL INSTRUCTIONS: NINE (If a P.O.Box delivery is preferred,check here: But,please also include street address for U.P.S. deliveries.) AGENCY'S CHIEF EXECUTIVE OFFICER: Chief Willi em D_ Mi 1 ler TITLE: Chief of Police TELEPHONE: (847) 289-2740 AGENCY'S ACCREDITATION/RECOGNITION MANAGER: Jeffrey A. Swoboda TITLE: Sergeant—Arrrecli tatinn Manager TELEPHONE: ( 80 289-2753 Attached are our: (1)Legal Basis and Eligibility Statement; (2)Accreditation/Recognition Agreement,duly signed; (3) Commission's copy of the invoice;and(4)check or purchase order in the amount of$ 7,700.00 to cover costs attendant to our agency's application. The commitment our agency must make in working with the Commission toward accreditation/recognition 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 recognition.It is also understood that our agency is entering into a nonadversarial working relationship with the Commission and that our agency can terminate its applicant status at any time upon notice as indicated in the. aforementioned Agreement, Section 4.2. For the agency: Date:_ ; 9 .20 d J By: • a t (signature) Joyce Parker (typed name) City Manager (title) *If the agency is a department of public safety,provide the full name of the law enforcement component(e.g.,Oak Park Department of Public Safety,Police Division) April 2000 ADM-51(4/00) COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. LEGAL BASIS AND ELIGIBILITY STATEMENT The agency's statutory or legal basis is as follows (see reverse side for examples): Section 6 (a) , Article VII of the Constitution of the State of Illinois gives the City of Elgin the power of Home Rule by having a population over 25,000. This article states, "a home rule unit 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." Furthermore, under the Illinois Compiled Statutes, 65 ILCS 5/1-1-10, second paragraph states; "It is further the policy of this State that home-rule municipalities, the officers, employees and agents of each may (1) exercise any power and perform any function pertaining to their government and affairs. . ." The agency's eligibility is in accord with the Commissions criteria as follows (see reverse side for criteria and types of eligible agencies): The City of Elgin adopted ordinance no. 2.52 which states under section .O10A; "There is established an executive department of the city to be known as the police department." Under City Ordinance 2.52.050 the duties of the police department are described. This ordinance states, "The police department shall be charged with enforcement of all ordinances and statutes in force in the city and with the prevention of crimes and offenses and the apprehension of law violators." Agency Name: City of Elgin- Elgin Police De rtment Date: By: (signature) Please do not write in this space. Joyce Parker Verified by: (title) Date: City Manager (title) over ttachment A Attachment A INVOICE OPTION 2 Option 2 may be used by the agency that chooses to participate directly in the Commission's Accreditation Program. The fees listed are the Initial Accreditation Fees and the Annual Continuation Fees after the award of Accreditation©. Option 2 lists fees for agencies that elect to remit the initial accreditation fee in two installments. The first installment is due at application. The second is due by the end of the 13th month from the effective date of the Accreditation Agreement.The third column lists the Annual Continuation Fees for accredited agencies after their initial accreditation. The initial payment is due the first month after initial accreditation and then every year thereafter on the same date. This invoice document listing Option 2 represents the agency's choice for entry into the law enforcement accreditation program and will be attached to,and become part of the Accreditation/Recognition Agreement, and deemed appended by reference to section 6.1 thereof. Annual Continuation Fee** Initial Accreditation Fee (Reaccreditation) Two Installments Annual Payments Includes Number of authorized without Estimated Onsite Assessment Estimated Onsite Assessment full-time employees* Charge Charge 1 —24 $2,455 $3,235 • 25—199 $4,015 $3,830 200—999 $6,470 $4,765 1000+ _ $8,480 $5,535 • Fee Calculation: X Fee calculation for two installments: Our agency is authorized 224 full-time employees, including 166 sworn and 58 nonsworn.The indicated fee for each installment is $ 6,470.00 .The installment is herein remitted to the Commission as noted below. (The previous paid application fee of$250 will be deducted from the first installment.) • Memorandum of Remittance: Check No. f3F,F,1 h in the amount of$ 7.700.00 is herein remitted to The Commission; or,Purchase Order No. is herein remitted to the Commission in an amount of$ For the Agency Notes: *Calculating Authorized full-time Employees: Agency: ity of Elgin Authorized full-time employees include sworn and nonswom g Y personnel;if your agency maintains a jail that houses sentenced 412.44A..—.. prisoners or is a department of public safety that employs fire, emergency medical or other personnel,please call the By. Signature Commission for information about whether to include them in the total. Joyce Parker **Annual Continuation Fees: Print or type name Continuation Fees are defined as the Service Charge and estimated On-site Assessment Charge for reaccreditation subject O d to change after each reaccreditation award.The Commission will Date notify agency prior to fee due date. Phone: (347) 931-6100 RETURN TO CALEA WITH AGREEMENT AND REMITTANCE OR PURCHASE ORDER • \,�I OF rt. ' V City of Elgin Agenda Item No. L ` May 18, 2001 G TO: Mayor and Members of the City Council N FROM: Joyce A. Parker, City Manager SAFE COMMUNITY SUBJECT: Commission on Accreditation for Law Enforcement Agencies, Inc. Contract PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorizing the City Manager to sign a contract with the Commission on Accreditation for Law Enforcement Agencies, Inc . (CALEA) for the accreditation of the Elgin Police Department . BACKGROUND CALEA is a non-profit organization formed in 1979 through the combined efforts of four prestigious law enforcement agencies: the International Association of Chiefs of Police; the National Organization for Black Law Enforcement Executives; the National Sheriff' s Association, and the Police Executive Research Forum. The Police Department wishes to begin the process of accreditation with CALEA over the next three years to ensure a professional agency. CALEA maintains standards that have been adopted by more than 500 agencies as the "standard" for professional police agencies . Accreditation involves an objective in-depth look at the department policies and practices and establishes guidelines for the administration of a professional police agency. The process normally takes three years, with re-accreditation taking place every three years after that . After the initial accreditation, the Commission requires that a level of professionalism be maintained and documented, thereby ensuring the professionalism of the Police Department . Accredited agencies frequently enjoy reduced liability insurance rates as a result of this process . Chief Miller is the Chairman of CALEA and has been instrumental in promoting this process nationally and has seen numerous examples of CALEA validating good agencies and creating national standards to ensure the agencies remain professional . • • (ow CALEA May 18 , 2001 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT The cost for accreditation is spread across three years, with a cost of $7, 700 in 2001 . This expense was budgeted during the normal 2001 City budget and 2001-2005 Financial Plan. It will be charged to account number 010-2301-731 . 30-99 . EGAL IMPACT None . ALTERNATIVES The City Council may choose not to authorize this contract and the Police Department would not undergo the CALEA accreditation process . RECOMMENDATION It is recommended that the City Council authorize the City Manager to sign this contact to allow the accreditation process to proceed. Respectfully submitted, Jo ce A. Parker City Manager JJB/j b 4