97-22510 RESO
RESOLUTION NO. 97-22510
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CHIEF
OF POLICE TO EXECUTE AN AGREEMENT WITH THE COMMISSION
ON ACCREDITATION OF LAW ENFORCEMENT AGENCIES (CALEA), INC.,
FOR THE PURPOSE OF THE MIAMI BEACH POLICE DEPARTMENT
ATTAINING LAW ENFORCEMENT ACCREDITATION
WHEREAS, the Commission on Accreditation of Law Enforcement Agencies,
Inc, (CALEA), is a not for profit national agency that established an accreditation
program for law enforcement agencies; and
WHEREAS, the Miami Beach Police Department desires to seek Law
Enforcement Accreditation from CALEA; and
WHEREAS, CALEA requires the agency seeking Accreditation to enter into the
attached Agreement; and
WHEREAS, the fee required by CALEA is $12,940,00, payable in two equal
payments, with the first payment to be made in October, 1997, and the second payment
to be made in October, 1998; and
WHEREAS, the fee will be paid from the Police Confiscations Account.
NOW THERE,FORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the City Manager and
Chief of Police are herein authorized to execute the attached Agreement with the
Commission on Accreditation of Law Enforcement Agencies, Inc" and the budgeting
and expenditure of funds from the Police Confiscations Account for the payment of the
accreditation fee,
PASSED and ADOPTED this 10th day of Sept., 1 97,
A ~~ r- p CUt c.b-.
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& fOR EXECUTION
FIPOLIITECHSERVlPOLlCIESICOM_RESOIACC 1. RES
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cI,mlaml-beach,t1,ua
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: September 10, 1997
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION OF T MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE
COMMISSION ON ACCREDITATION OF LAW ENFORCEMENT
AGENCIES, INC., FOR THE PURPOSE OF THE MIAMI BEACH POLICE
DEPARTMENT ATTAINING LAW ENFORCEMENT ACCREDITATION.
ADMINISTRATION RECOMMENDATION
Approve the Resolution,
BACKGROUND
The Miami Beach Police Department, with the complete support of the Administration, is
seeking national Accreditation, The Accreditation Program operates under the auspices
of the Commission on Accreditation of Law Enforcement Agencies, Inc,
The cooperative efforts of the four major law enforcement membership associations (the
International Association of Chiefs of Police, National Organization of Black Law
Enforcement Executives, National Sheriff's Association and Police Executive Research
Forum) established the Commission on Accreditation of Law Enforcement Agencies
(CALEA) as an independent body in 1979, CALEA is a not-for-profit corporation,
recognized as tax-exempt by the Internal Revenue Service,
The purpose of CALEA's Accreditation program is to:
1, Improve delivery of law enforcement service by offering a body of standards that
law enforcement personnel developed and covering a wide range of up-to-date law
enforcement topics; and
2, Recognize professional achievement by offering an orderly process for
addressing and complying with applicable standards,
AGENDAITEM~
DATE '1- \Q ..9..J.
There are more than 380 law enforcement agencies in the nation that have attained
Accreditation, Approximately 440 more Police agencies are in the process, In Dade
County, the Metro-Dade, Miami, Coral Gables and North Miami Beach Police Departments
are Accredited,
The fee for the Police Department to participate in the Accreditation process is $12,940,00,
We plan to pay 50% ($6,470,00) in October 1997 and the remaining balance in October
1998, Funds from the Police Confiscations Account will be used to pay the fee.
Accreditation fees are recognized as a lawful use of confiscations funds by both the
Federal and State statutes,
ANAL YSIS
National Accreditation has many benefits, These benefits include the deterrence of
lawsuits (and subsequent reductions in liability and lower insurance rates) by having well-
written policies and procedures that are in line with modern professional standards, A
better managed department will result from having established written policies and
procedures that fix accountability, Better relationships will evolve with other government
and law enforcement agencies, citizens and the media, High morale will follow as
personnel clearly understand what is expected of them, training is performance based, job
related and employees are instilled with a sense of "belonging,"
Accreditation has an international reputation, inspiring community confidence and respect.
Lastly, Accreditation can serve as a positive influence for necessary change,
Initial Accreditation is for a period of three years, Re-Accreditation is required after three
years and every three years after that to ensure continued compliance,
CONCLUSION
Seeking National Accreditation by our Police Department is a positive step in the
department's continuing process of professionalism,
JGP/JP/RBIMWD/SDRIMMS
F:\$CMB\TEMP\ACC1,MEM
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THE ACCREDITATION PROGRAM FOR LAW ENFORCJ~~Jf A~E~~I~~ .,
ACCREDITATION AGREEMENT RECEIVED oel 3 1 1991
This Agreement is entered into between the City of Miami be"crq Florica,_on behalf nf thp rity of
. (full name of agency)
Miami Beach Pollce Dept. withprincipalofficesat 1100 W'ashington AvpnlJP
Miami Beach, FL Zip 33139 telephone number ( 305) 673-7925
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 (703) 352-4225 or (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, and (b) by the Agency's maintaining compliance
with those standards by which they were 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~
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 compliance with applicable standards, 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 applicable 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 (1 O) 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 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 if the relevant standards are complied with:
3.5 If the Agency is accredited, (a) provide a certificate, and (b) make available indicia of accreditation,
3.6 If the Agency is not accredited following an examination of compliance with applicable standards,
provide the Agency with reasons for the Commission's decision,
*This provision applies only after payment of on-site assessment costs by the agency.
March, 1995 (A)
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,
4.2 The terms and covenants of this Agreement shall terminate in the following circumstances:
(a) Upon execution of a Reaccreditation Agreement between the Agency and Commission; or
(b) Upon expiration of the 36th month following the effective date of this Agreement unless a
successful on-site assessment is completed within that period of time; or
(c) Upon written notice by the Agency that it withdraws from the accreditation process; or
(d) Upon termination pursuant to Section 5,2 or 6,1 hereof; or
(e) Upon expiration or revocation of the Agency's accredited status.
4.3 The Commission may, at its discretion, upon request by the Agency, extend this Agreement in
accordance with Section 6.3.
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 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 two options (lump sum or installment) for payment of the accreditation
fee, which is not refundable (except as noted in Subsection 6.2). Under either option, the Agency
remits a payment that does not include on-site assessment costs. On-site assessment costs will be
determined by the Commission and billed separately prior to the on-site assessment. Installment
payments include a small servicing cost. Installments may be prepaid: Check the appropriate block
and enter the Agency information and required fee:
(a) Lump Sum
c:J Our Agency is authorized full-time employees, including sworn and
nonsworn, The Agency will remit to the Commission a single payment in the lump-sum
amount (minus the previously paid $250 application fee) of $ upon the signing
of this Agreement by the Agency's Chief Executive Officer. The amount of $ is herein
remitted to the Commission. Or, Purchase Order No, is herein remitted to the
Commission in the amount of $
OR
(b) Installment
[i] Our Agency is authorized 550 ' full-time employees, including 381 sworn and
169 nonsworn, The Agency will remit to the Commission payment in two installments of
$ 6.4 70.00 each, The first installment is due upon the signing of this Agreement by the
Agency's Chief Executive Officer. The second installment is payable by the end of the 18th month
from the effective date of this Agreement. The previously paid $250 application fee will be deducted
from the first installment. The amount of $ is herein remitted to the Commission. Or,
Purchase Order No, is herein remitted to the Commission in the amount of
$
AND
*The Commission reserves the right to terminate this Agreement if an installment payment is
delinquent by more than sixty days,
2
The Agency will be billed for the Commission's projected on-site assessment costs plus a 25%
administrative fee (based on estimated costs), and payment will be required prior to the on-site
assessment. If the projected costs exceed the actual on-site costs, the excess amount will be
returned promptly to the Agency by the Commission.
6.2 If the Agency is subsequently determined ineligible to apply for participation in the accreditation
program, a full refund of such sum will be paid to the Agency, less the $250 application fee,
6,3 If the Agency requires more than 36 months to complete a successful on-site assessment, the
Agency agrees to pay a nonrefundable annual fee amounting to 35% of the fee in effect on the
effective date of this Accreditation Agreement. This annual fee shall be due and payable 36 months
after the effective date of this Agreement, and every 12 months thereafter, until a successful on-site
assessment has been achieved or this Agreement has been terminated in accordance with Section
4 supra.
6.4 If the Agency's initial on-site assessment is not successful (Le., work after the initial on-site
assessment is required to achieve compliance with applicable standards), the Agency shall prepay
estimated costs plus a 25% administrative fee (based on estimated costs) for a subsequent on-site
assessment and/or additional staff/assessor assistance required on or off site, The additional work
required (on and/or off site) must be completed within six months. If the projected costs exceed the
actual costs, the Commission will promptly return the excess amount to the Agency.
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 officials, 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 furtherance of its responsibilities
under this Agreement. Notwithstanding anything in this Agreement 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 regarding the Agency's candidacy for accreditation or, its continued
compliance with applicable standards, including but not limited to all factual matters relating to the
assessment, 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 In response to inquiries concerning the Agency, the Commission's reply will be to identify the
Agency's status as categorized in Chapter III of the Accreditation Process Book. 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 program will be
to identify the Agency as seeking accreditation. Other news releases may be made by the
Commission in accord with Chapter III of the Accreditation Process Book. 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 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,
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.
3
10,
INDEMNIFICATION:
18.1 Th~ Agen'-} shall indemnify and hold hal'ftlle33 tRe Oommi33~1'I fr~m all ~laim3, ~~:~~~, ::~:'
~lI ~iefl5 "!lol"O' tile 0..." "is.;oo .. . (e""~ 0,111 ,e dbl, ibulk", by II.~ ^y."' ~'. ~'n',.~ ',,::~~~~~
~f:~;::-~ft~~,:re31:11t3 of 8f'l81)3t3, reeemmendatlOns, o. olln"l \Nil II IIU II ''-<:It.v II" fUll 11,,1 ,tJc Iv It by
>the CSfflfflleOl8M1! ~~ '
t9.2 I t:1"';~ . 61 II iRSeR'lAify BAeI Relel R8"",le35 tAe Cemmi3:~~, "!!~ ~i~~~, e -ees, 8,,;d
age~ ~~~.;;:; oIlliobll~). 100. or dO.~1OQ.. whi~h.".., ~ ;;""~,-.d <>;- ~~~~ ~~ · ,~~
ef -e1aifR&; eleffiBf'lel3, 3t:Jit3, ef aGtlo,,! arisIng out of lIn" tJt:,lvII IICt'""O vI o.tl,~y Lv t111s
A!)reSFRsAt. ~
10.3 The person signing on behalf of the Agency hereby represents and warrants that he or she h
the power and authority to execute this Agreement and to bind said Agency to all terms ana
covenants contained herein ' " ", ' , . ' 't:.
INTEGRATION:
11 ,1 This instrument embodies the whole Agreement of the parties, The parties warrant a he re
no promises, terms, conditions, or obligations other than those contained herein. T is greement
shall supersede all previous communications, representations, or agreements, elt r verbal or
written, between the parties hereto.
SEVERABILITY:
12.1 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.
CHOICE OF LAW:
13.1 This Agreement and the rights of the parties hereunder shall be governe d interpreted in
accordance with the law of the state of -Vir~il'lia, F lor i da , ~
MAINTAINING THE AGENCY'S ACCREDITATION STATUS: ,.,-
, I
14,1 When the Agency is awarded accreditation by the Commission, thfj Agency grees to maintain
compliance with those applicable standards under which accreditati6n was arded. After award
of accreditation, the Agency agrees to (a) file annual reports on forrils suppl" d by the Commission
that testify to its continuing compliance, and (b) promptly notify the Co ission when it cannot
or does'not maintain compliance with applicable standards.
14.2 As regards maintaining the agency's accreditation status, the Agency and the Commission
acknowledge and agree to be bound by the provisions of the Accreditation Process Book,
WARRANTY NOT INTENDED OR IMPLIED:
15.1 It is understood that the Commission's award of accreditation does not constitute a warranty,
express or implied, of total or continued compliance by the Agency with all applicable standards
of accreditation 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.
WAIVER:
16.1 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.
NOTICE:
17,1 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.
HEADINGS:
18,1 The headings of this Agreement shall not be deemed part of it and shall not in any way affect its
construction,
11,
12,
13,
14,
15,
16,
17,
18,
4
19,
CONSENT TO BE BOUND:
19.1 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 Enforcement
Agency Accreditation Program;
(b) Accreditation Process Book; and
(c) Self-assessment Manual.
19.2 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 city
of J;aiFfax, 'Jir:giRia, pursuant to the Commercial Arbitration Rules of the American Arbitration
Association. Miami Beach, Florida, ~
IN WITNESS WHEREOF, The Agency has caused this Agreement to be executed on
4-
September 15
19 97
,
:~.L~
BY.]ML~
Richard R. Barreto
(typed name)
Chief of Police
(title)"
:yttnes(fUo~ By
City Manager
(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 November 4 I 1997
By
c!~./~ t1--IA.J
By
Witness:
APP DASTO
FORM & lANGUAGE
& FOR EXECUTION
~~
g/r7~
Date
*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.
5