HomeMy WebLinkAboutFlorida Law Enforcement Accreditation, Inc.- 2012 02 17 REACCREDITATION AGREEMENT
This Agreement is entered into between Winter Springs Police Department, with
principal offices 300 North Moss Rd Winter Springs, FL 32708, hereafter referred to as
the "Applicant ", and the Commission for Florida Law Enforcement Accreditation, Inc., a
Florida not - for - profit corporation, at PO Box 1489, Tallahassee, FL 32302, hereafter
referred to as the "Commission ".
WITNESSETH
The Applicant and the Commission, for and in consideration of the mutual
covenants 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
continued relationships between, and set the continued
responsibilities of, the parties to this Agreement by
assessing the Applicant's continued compliance with the
standards established by the Commission in order for the
Commission to determine if the Applicant is eligible for
reaccredited status.
1.2 Unless specifically stated otherwise, all terms and
conditions stated in this Agreement apply to
reaccreditation and the Applicant is responsible for
complying with all terms and conditions of this Agreement
during the reaccreditation process.
2. 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.
Page 1 of 10 Rev. 02/01/2012
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 An applicant seeking reaccreditation by comparative
compliance must satisfy the Commission standards found as
Appendix B in the current edition of the Florida Standards
Manual.
2.7 If the Applicant received reaccredited status by
comparative compliance, the Applicant must notify the
Commission in writing upon the expiration, revocation, or
withdrawal of Applicant's reaccredited status with the
Commission on Accreditation for Law Enforcement
Agencies, Inc., (C.A.L.E.A)
3. COMMISSION'S RESPONSIBILITIES:
The Commission agrees to:
3.1 Provide necessary documentation, forms and
instructions regarding the reaccreditation process.
3.2 Provide Assessors for the purpose of conducting an
on -site assessment as to the Applicant's continued
compliance 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 Assess all compliance data against the standards and
certify the Applicant as reaccredited if the relevant standards
are met and compliance is accepted by the Commission.
Page 2 of 10 Rev. 02/01/2012
3.5 If the Applicant is reaccredited, provide (a) a
certificate, or (b) additional indications of reaccreditation, if
necessary.
3.6 Following an examination of compliance with the
applicable standards, if the Applicant is not reaccredited by
the Commission at the time of review, the Applicant will be
notified with the reasons for such determination within 30
days.
4. 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
and shall remain in effect for three years from the date the
Commission certifies the Applicant as reaccredited at a
general meeting.
4.2 The terms and covenants of this Agreement shall
terminate in the following circumstances:
(a) Failure to achieve reaccreditation not longer
than the three (3) year anniversary date of the last
accreditation/reaccreditation; except as provided in
Section 4.3; or
(b) Upon written notice by the Applicant that the
Applicant intends to withdraw from the
reaccreditation 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 reaccreditation within the time mandated,
except that the Agreement may be extended pursuant
to Section 4.3; or
Page 3 of 10 Rev. 02/01/2012
(f) Upon expiration, or revocation pursuant to
Section 14.2 of the Applicant's 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 standards for reaccreditation if the standards
cannot be met at the expiration of the Applicant's accredited
status. The Commission, in its discretion, may grant an
extension in accordance with the "Contract Extension Policy"
adopted 10/98, and in such an event the Applicant shall pay
any additional fees the Commission deems reasonable.
4.4 If the Applicant's accreditation lapses, the Applicant
may reapply for reaccreditation pursuant to Commission
Policy # CFA.012 (Changes in Accredited Status).
4.5 An Applicant accredited by the Commission on
Accreditation for Law Enforcement Agencies, Inc., CALEA,
whose initial accreditation was based on comparative
compliance must maintain its CALEA accreditation during
the time of any reaccreditation under this Agreement. Failure
to maintain CALEA accredited status during the pendancy of
this Agreement may result in the Commission requiring an
immediate on -site review (full or partial compliance) at any
time during the Applicant 's reaccreditation period and will
result in reaccreditation being based on a full compliance on-
site assessment at the time of reaccreditation.
5. 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.
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 and agree to 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
Page 4 of 10 Rev. 02/01/2012
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notice by registered or certified mail, return receipt requested,
within twenty (20) days, of such refusal.
5.3 Applicant must utilize the most current edition of the
Florida Standards Manual in circulation at time of signing this
Agreement. If the Commission approves another standards
edition during the pendancy of this Agreement, Applicant
may notify the Commission in writing of its intent to utilize
the approved edition of standards. New or amended standards
are effective upon enactment. Compliance by Applicant must
be demonstrated at their next on -site assessment following the
enactment date. If Applicant's on -site occurs within one year
of enactment date, applicant may delay compliance for up to
one year after the enactment date. The Applicant must utilize
only one edition of the standards in its entirety.
6. TIME AND MANNER OF PAYMENT:
6.1 Payment of reaccreditation fees shall be based upon
the fee structure below. One -half of the total fee is due upon
signing of the contract and the balance due in twelve (12)
months; or the Applicant may pay the fees in full.
6.2 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 performing duties in connection with this
Agreement.
6.3 Applicants pursuing full compliance reaccreditation
shall be required to pay a fee to the Commission 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:
NUMBER FEE
1 - 09 Donation
10 - 24 $ 500.00
25 - 99 1,000.00
100 - 299 2,000.00
300 - 499 3,000.00
500 + 4,000.00
Page 5 of 10 Rev. 02/01/2012
6.4 Applicants pursuing comparative compliance
reaccreditation, i.e., those applicants currently accredited with
the Commission on Accreditation for Law Enforcement
Agencies (CALEA) shall be required to pay a fee to the
Commission for 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. This fee structure represents
a forty (40 %) reduction from the full compliance fee
structure:
NUMBER FEE
- 1 - 09 Donation
10 - 24 $ 300.00
25 - 99 600.00
100 - 299 1,200.00
- 300 — 499 1,800.00
500 + 2,400.00
6.5 The Applicant agrees to use the Commission approved
accreditation tracking software. Access will be granted by
the Commission with the understanding that the Applicant
shall pay an annual user's fee of $300.
6.6 The Applicant agrees that any and all fees submitted
will be forfeited if the Applicant does not become
reaccredited or withdraws from the process before the
completion unless an extension is granted pursuant to Section
4.3 above.
7. 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
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.
7.2 The Applicant shall provide the Commission with a
copy of all its news releases or publicity material concerning
its accreditation activities.
Page 6 of 10 Rev. 02/01/2012
8. THE COMMISSION AS AN INDEPENDENT
CONTRACTOR:
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 Applicant.
The selection and designation of the personnel of the
Commission as it relates to performance of its responsibilities
under this Agreement shall be made by the Commission.
9. WARRANTY NOT INTENDED OR IMPLIED:
9.1 It is understood that the Commission's award of
reaccreditation does not constitute a warranty, expressed or
implied, of total or continued compliance by the Applicant
Agency with all applicable standards 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.
9.2 The Commission makes no representations or
warranties, expressed or implied, of the benefit of any person
or entity with regard to aspect of the standards contained
herein.
10. 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.
11. 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.
Page 7 of 10 Rev. 02/01/2012
The terms and conditions of this Agreement shall be binding
on the Applicant for the entire reaccreditation period.
12. CHOICE OF LAW:
This Agreement and the rights of the parties hereunder shall
be governed by and interpreted in accordance with Florida
law.
13. MAINTAINING THE APPLICANT'S
ACCREDITED /REACCREDITED STATUS:
13.1 If the Applicant is awarded reaccredited status by the
Commission, the Applicant agrees to remain in compliance
with those standards under which reaccreditation is awarded.
New or amended standards are effective upon enactment.
Compliance by Applicant must be demonstrated at their next
on -site assessment following the enactment date. If
Applicant's on -site occurs within one year of enactment date,
applicant may delay compliance for up to one year after the
enactment date. After an award of 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 reaccredited.
13.2 If the Commission has determined that reasonable
grounds exists to believe an agency is not in compliance with
the standards under which reaccreditation was awarded, the
Commission may require an immediate on -site review (full or
partial) at any time during the Applicant's reaccreditation
period at the expense of the Applicant. The Commission may
revoke reaccredited status if the review indicates that the
Applicant is not in compliance with the standards under
which it was reaccredited or may take such other action as the
Commission deems appropriate.
14. WAIVER:
Any waiver by the Commission of any breach of this
Agreement by the Applicant shall relate only to that particular
breach and shall not amount to a general waiver.
Page 8 of 10 Rev. 02/01/2012
•
15. 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.
16. HEADINGS:
The headings to this Agreement shall not be deemed part of it
and shall not in any way affect its construction.
17. CONSENT TO BE BOUND:
17.1 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.
17.2 All disputes arising under this Reaccreditation Agreement of the
enforcement, execution, or any other actions, relative to this Reaccreditation
Agreement or any other agreement, standard, rule, or regulation, pertaining
to the reaccreditation process, will be arbitrated in the city of Orlando,
Florida, pursuant to the Commercial Arbitration Rules of the American
Arbitration Association.
17.3 The person signing on behalf of the Applicant hereby
represents and warrants that he /she has the power and the
authority to execute this Agreement and to bind the Applicant
to all terms and conditions set herein including, but not
limited to, the provisions of this Section 17.
Page 9 of 10 Rev. 02/01/2012
IN WITNESS WHEREOF, the Applicant has caused this Agreement to be
executed on
(date): OoZ ' 01- of O/a.—
./ .Ytest: •
* Poh c.+s cI'
w
Attest:
** Title: i
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): 6 ((2..
Commission for Florida Law Enforceme t Accreditation, Inc.
By
Executive Directo
* 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.
Page 10 of 10 Rev. 02/01/2012
•
�°"'a F 2 i
Q te Z- Commission for Florida Law Enforcement
J J
COMMISSION Accreditation, Inc.
J P.O. Box 1489 — Tallahassee, FL 32302
(' " . (800) 558 -0218 (850) 410 -7200
AF0 I 1 '' Fax: (850) 410 -7349
February 20, 2012
Chief Kevin Brunelle
Winter Springs Police Department
300 North Moss Rd
Winter Springs, FL 32708
Dear Chief Brunelle:
Enclosed is your executed agreement with the Commission for Florida Law Enforcement
Accreditation. We are returning the original to you and will keep a scanned copy for our
records.
If I can provide assistance or answer any questions, please do not hesitate to contact me.
Sincere • •
I
Lori Mizell
Executive Director
Enclosures
www.flaccreditation.org