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R-02-01-10-12E2 - 1/10/2002RESOLUTION NO. R- 02- O1- 10 -12E2 WHEREAS, the Round Rock Police Department wishes to apply for national accreditation with the Commission on Accreditation for Law Enforcement Agencies, Inc., and WHEREAS, the City of Round Rock desires to enter into an Accreditation /Recognition Program for Law Enforcement Agreement with the Commission on Accreditation for Law Enforcement Agencies, Inc., to begin the accreditation process, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, an Accreditation /Recognition Program for Law Enforcement Agreement with the Commission on Accreditation for Law Enforcement Agencies, Inc., to begin the accreditation process, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. :: oDMA\ WORLOOx\ 0 , \ wnox \RESOLUTI \Aa011o81."YO /5[ RESOLVED this 10th day of January, 2002. AT E CHRISTINE R. MARTINEZ, City Secret 2 RO A. STLUKA, JR., a yor City of Round Rock, Texas y THE ACCREDITATION/RECOGNITION PROGRAM FOR LAW ENFORCEMENT ACCREDITATION/RECOGNITION AGREEMENT This Agreement is entered into between the Round Rock Police Department (full name of agency) with principal offices at 615 Palm Valley Blvd. Round Rock, TX Zip 78664 telephone number (512) 218 -5500 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. EXHIBIT " 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 36 month for accreditation or 24 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) xxx Our agency elects option 1 and has attached Invoice 1 to this agreement. The amount of $ 7 , 400.0[1; herein remitted to the Commission. 6.1 (b) Option 2 Accreditation - Two Installments (Excluding On -Site Assessment Charge) Our agency elects option 2 and has attached Invoice 2 to this agreement. The amount of $ 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. 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. 3 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: 11.1It 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: 12.1 Any waiver by the Commission or any breach of this Agreement by the Agency shall relate 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 Witness: By B y 5 Paul N. Conner (typed name) Chief of Police (title)* Robert Stluka Mayor (typed name) (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 ,20 Witness: The Commission on Accreditation for Law Enforcement Agencies, Inc. B 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. If not required, please so note in this signature block. Adm 60 -4100 DATE: January 10, 2002 SUBJECT: City Council Meeting — January 4, 2002 HEM: 12.E.2. Consider a resolution authorizing the Mayor to execute an Accreditation Recognition Program for Law Enforcement Agreement with the Commission on Accreditation for Law Enforcement Agencies, Inc. to apply for Police Department national accreditation. Resource: Paul Conner, Chief of Police History: During the past fiscal year, after much study, the Department has decided it is in the City's best interests to pursue becoming a nationally accredited police agency. The Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) has established standards designed to increase: (1) Police departments' capabilities to pursue and control crime; (2) The effectiveness and efficiency of delivering police services; (3) Cooperation and coordination with other criminal justice agencies; and (4) Citizen and employee confidence in the goals, objective, policies and practices of the agency. The agreement before the City Council would allow the Round Rock Police Department to enter the Commission's accreditation process for a fee of $7,400. During this process, the department will evaluate its existing compliance with more than 400 standards prior to an on -site assessment by CALEA examiners. Once accredited, the department must remain in compliance (standards are known to evolve over time, and new standards are occasionally added) and be re- accredited every three years. Funding: Cost: $7,400.00 Source of funds: General Fund Outside Resources: This is a contract for services with an outside vendor. Impact/Benefit: In addition to the recognition associated with the attainment of international excellence, there are numerous other internal, community and financial benefits. These include: • Improved administrative management • Improved service delivery • Greater accountability from supervisors • Enhanced morale • Liability reduction • Clear, comprehensive, written directives and procedures • Training improvements • Increased support of requests for comparable pay and benefits • Strong defense against lawsuits Public Comment: N/A Sponsor: None THE ACCREDITATION/RECOGNITION PROGRAM FOR LAW ENFORCEMENT ACCREDITATION/RECOGNITION AGREEMENT This Agreement is entered into between the Round Rock Police Department (full name of agency) with principal offices at 615 Palm Valley Blvd. Round Rock, TX Zip 78664 telephone number (512) 218 -5500 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 36 month for accreditation or 24"' 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, retum 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 1 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) Xxx Our agency elects option 1 and has attached Invoice 1 to this agreement. The amount of $ 7 , 400. OD 400. O1 herein remitted to the Commission. 6.1 (b) Option 2 Accreditation - Two Installments (Excluding On -Site Assessment Charge) Our agency elects option 2 and has attached Invoice 2 to this agreement. The amount of $ 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. 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. 3 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: 12.1 Any waiver by the Commission or any breach of this Agreement by the Agency shall relate 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 Witness: 5 Paul N. Conner (typed name) Chief of Police Robert Stluka Mayor (typed name) (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 The Commission on Accreditation for Law Enforcement Agencies, Inc. By 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. If not required, please so note in this signature block. Adm 60.4100