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2000-24200 RESO RESOLUTION NO. 2000-24200 A RESOLUTION OF THE MA YORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MIAMI BEACH CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH THE COMMISSION FOR FLORIDA LAW ENFORCEMENT ACCREDITATION, INC., FOR THE PURPOSE OF THE MIAMI BEACH POLICE DEPARTMENT ATTAINING FLORIDA LAW ENFORCEMENT ACCREDITATION. WHEREAS, the Florida Commission for Law Enforcement Accreditation, Inc. (CFLEA), is a tax-exempt, not-for-profit entity, established by Chapter 943.125, Florida Statutes, as the entity to create and administer the State of Florida program of law enforcement accreditation; and WHEREAS, the Miami Beach Police desires to seek Florida law enforcement accreditation from CFLEA: and WHEREAS, CFLEA requires the agency seeking Florida accreditation to enter into the attached Agreement; and WHEREAS, the fee required by CFLEA is $1,800.00; and WHEREAS, the fee will be paid from the Police Confiscations Account. NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve and authorize the Chief of Police to execute an Agreement with the Commission for Florida Law Enforcement Accreditation, 1nc., for the purpose of the Miami Beach Police Department attaining Florida Law Enforcement Accreditation. PASSED and ADOPTED this 20th day of December, 2000. tf1 MAYOR ATTEST: APPROveD 1$ 10 FORM & LAl'IGUAGf & FOREXECUTlON ~p~ CITY CLERK A:\contract for CFLEA.res.wpd 1it.ffh/h- 1 \ -50-UV C' ~ ~ [)ale CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FlORIDA 33139 http:\\ci.miami~beach. fl. us COMMISSION MEMORANDUM NO. 9fcJ-f>> TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: December 20, 2000 FROM: Jorge M. Gonzalez \~. City Manager G' 0 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH THE COMMISSION FOR FLORIDA LAW ENFORCEMENT ACCREDITATION, INC., FOR THE PURPOSE OF THE MIAMI BEACH POLICE DEPARTMENT A TT AINING FLORIDA LAW ENFORCEMENT ACCREDIT A TlON. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Miami Beach Police Department, with the complete support of the Administration, is seeking State Accreditation from the Commission for Florida Law Enforcement Accreditation, Inc. (CFLEA). In 1993, Florida Statute 943.125 directed that the Florida Sheriffs Association (FSA) and the Florida Police Chiefs Association (FPCA) create a voluntary law enforcement accreditation program. The movement by law enforcement professionals to create accrediting bodies is in response to a need to ensure the public that quality services are delivered in accordance with recognized and accepted standards. Representatives from the FSA and FPCA Associations developed a process for accreditation which required compliance with 261 professional standards designed specifically for Florida law enforcement agencies. These standards are practical, easily understood, and achievable even for the smallest law enforcement agency. The program was designed with consideration for the following goals: . to establish and maintain standards that represent current professional law enforcement practices; AGENDA ITEM C 7 D DATE /'2 -'20- 00 COMMISSION MEMORANDUM December 20, 2000 Page 2 . to increase effectiveness and efficiency in the delivery oflaw enforcement services; . to establish standards that address and reduce liability for the agency and its members; . to establish standards that make an agency and its personnel accountable to the constituency they serve; and . to implement a Florida accreditation program that establishes standards which do not conflict with national standards. A feasibility study and status report were delivered to the Florida Speaker of the House of Representatives in November 1993. A joint FSAlFPCA Charter Review Committee was then formed, headed by Sheriff Neil J. Perry ofSt. Johns County. This committee developed the charter for the Commission for Florida Law Enforcement Accreditation, Inc, and established the overall framework for its operation. The Commission for Florida Law Enforcement Accreditation, Inc. was established by charter December 13, 1994 and incorporated on February 9, 1995.lt is an independenttax-exempt, not-for- profit corporation designated as the accrediting body for Florida law enforcement accreditation. The Commission's purpose is to establish a program for accreditation that can be achieved by all Florida law enforcement agencies. The Commission comprises eleven volunteer members: . four sheriffs appointed by the Florida Sheriff's Association; . four police chiefs appointed by the Florida Police Chiefs Association; . a mayor, city commissioner, or city manager appointed by the Florida League of Cities; . a county commissioner appointed by the Florida Association of Counties; and . an appellate or circuit court judge appointed by the Florida Supreme Court. The Police Department, on December 2, 2000, was awarded International Accreditation by the Commission on Accreditation of Law Enforcement Agencies, Inc.(CALEA), the entity that awards International Accreditation. The Police Department, by virtue of being Internationally Accredited, is eligible for "comparative compliance" with the Standards as required by CFLEA. "Comparative compliance means the Police Department only has to show compliance with 29 CFLEA Standards (in lieu of the 261 standards if the Police Department was not CALEA accredited). As such, the Police Department can become one of the elite law enforcement agencies that has dual Accreditation on both the international and state level. Accreditation increases the law enforcement agency's ability to prevent and control crime through more effective and efficient delivery of law enforcement services to the community it serves. COMMISSION MEMORANDUM December 20, 2000 Page 3 Accreditation enhances community understanding of the law enforcement agency and its role in the community as well as its goals and objectives. Citizen confidence in the policies and practices of the agency is increased. Accreditation, in conjunction with the philosophy of community policing, commits the agency to a broad range of programs (such as crime prevention) that directly benefit the public. Accreditation creates a forum in which police and citizens work together to control and prevent crime. This partnership will help citizens to understand the challenges that confront law enforcement. Law enforcement will, in turn, receive clear direction from the community about its expectations. Thus, a common set of goals and objectives will be implemented. There are 75 law enforcement agencies in the State that have attained CFLEA Accreditation. Approximately 130 more Police agencies are in the process. The fee for the Police Department to participate in the Accreditation process is $1,800. 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. 1nitial 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. It is recommended that the Mayor and City Commission adopt this Resolution and authorize the Police Chief to execute an Agreement with the Commission for Florida Law Enforcement Accreditation, Inc., for the purpose of the Police Department attaining Florida Accreditation. A:'I AQ.t: JMG:l{f(iiYID:PS:MMS~ F.\POLl\TECHSERVlPOLlCIESIACCREDlcontract for CFLEA mem.wpd ACCREDITATION AGREEMENT This Agreement is entered into between the Miami Beach Police Department with principal offices at 1100 Washington Avenue, Miami Beach, Florida 33139 hereafter referred to as the "Applicant", and the Commission for Florida Law Enforcement Accreditation, Inc., a Florida not-for-profit corporation, at 3504 Lake Lynda Drive, Suite 380, Orlando, Florida 32817, hereafter referred to as the "Commission". WITNESSETH The Applicant and the Commission, for and in consideration of the mutual convenants 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 TillS 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 measuring the Applicant's compliance with the standards established by the Commission in order for the Commission to determine if the Applicant is eligible for certification as accredited; and, (b) by maintaining compliance with those standards by which they were accredited until the agency is reaccredited. 1.2 N it relates to Reaccreditation, the purpose of this Agreement is to maintain the relationships between, and set the continued responsibilities of the parties to this Agreement by the Commission's assessing the Applicant's continuing compliance with applicable standards established by the Commission. 1.3 Unless specifically stated otherwise, all terms and conditions stated in this Agreement apply to both initial accreditation and reaccreditation and the Applicant is responsible for complying with all terms and conditions of this Agreement during the accreditation and reaccreditation process. 1 2. APPLICANT RESPONSmILITIES: 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. 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 Purchase at least one (1) manual from the Commission prior to initial accreditation. 2.7 An applicant seeking accreditation by comparative compliance must satisfy the Commission standards found as Appendix B in the current edition of the Florida Standards Manual. 2.8 rfthe Applicant received accredited status by comparative compliance, the Applicant must notify the Commission in writing upon the expiration of Applicant's accredited/reaccredited status with the Commission on Accreditation for Law Enforcement Agencies, Inc., (C.A.L.E.A) 2 3. COMMISSION'S RESPONSIBILITIES: The Commission agrees to: 3.1 Provide necessary documentation, forms and instructions regarding the accreditation and reaccreditation process. 3.2 Provide Assessors for the purpose of conducting an on-site assessment as to the Applicant's 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 Measure all compliance data against the standards and certify the Applicant as accredited or reaccredited if the relevant standards are met and accepted by the Commission at the next general meeting. 3.5 If the Applicant is accredited or reaccredited, provide (a) a certificate, or (b) additional indications of accreditation, if necessary. 3.6 Following an examination of compliance with the applicable standards, if the Applicant is not accredited or reaccredited by the Commission at the next general meeting, 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. 4.2 The terms and covenants of this Agreement shall terminate in the following circumstances: (a) Failure to achieve accreditation within 24 months of signing this agreement or failure to become reaccredited thereafter; or except as provided in Section 4.3; or 3 (b) Upon written notice by the Applicant that the Applicant intends to withdraw from the accreditation 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 accreditation or reaccreditation within the time mandated, except that the Agreement may be extended pursuant to Section 4.3; or (f) Upon expiration or revocation of the Applicant's accredited/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 accreditation/reaccreditation. The Commission, in its discretion, may grant an extension, and in such an event the Applicant shall pay any additional fees the Commission deems reasonable. 4.4 Reaccreditation: The terms and conditions of this Agreement shall be extended for a period of 3 years upon the Commission assessing the Applicant's continuing compliance with applicable standards established by the Commission and determining that the Applicant is eligible for designation as reaccredited. Both parties shall acknowledge, in writing, the extension of the terms and conditions ofthis Agreement for purposes 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. 4 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 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 notice by registered or certified mail, return receipt requested, within twenty (20) days, of such refusal. 5.3 Applicant must utilize the accreditation standards edition supplied to Applicant by the Commission at time of signing this Agreement or in the case of reaccreditation at the time files its Intent for Application for Reaccreditation. If the Commission approves another standards edition during the pendancy of this Agreement, or during the reaccreditation, Applicant may notify the Commission in writing of its intent to utilize the most current Commission approved edition of standards. The Applicant must utilize only one edition of the standards in its entirety. 6. TIME AND MANNER OF PAYMENT: 6.1 Payment of 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. 6.2 If the Applicant chooses to pay the full amount within ninety (90) days upon signing the contract a ten (10%) per cent discount shall be applied for initial accreditation and a fifteen (15%) per cent discount shall be applied for reaccreditation. 6.3 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. 5 6.4 Applicants pursuing full compliance accreditation shall be required to pay a fee to the Commission for accreditation or 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 or extended for purposes of reaccreditation: NUMBER FEE I - 09 10 - 24 25 - 99 100 - 299 300 - 499 500+ Donation $ 500.00 1,000.00 2,000.00 3,000.00 4,000.00 6.5 Applicants pursuing comparative compliance accreditation, 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 accreditation or 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 or extended for purposes of reaccreditation. This fee structure represents a forty (40%) per cent reduction for initial accreditation and forty-five (45%) reduction for reaccreditation from the full compliance fee structure: NUMBER FEE 1 - 09 10 - 24 25 - 99 100-299 300 - 499 500+ Donation $ 300.00 600.00 1,200.00 1,800.00 2,400.00 6 NUMBER FEE 1 - 09 10 - 24 . 25 - 99 100-299 300 - 499 500+ Donation $ 275.00 550.00 1,100.00 1,650.00 2,200.00 6.6 The Applicant agrees that any and all fees submitted will be forfeited if the Applicant does not become accredited within two (2) years or withdraws from the process before the completion. 6.6 The Applicant may elect one of two options (lump sum or installment) for payment of the reaccreditation fee, which is not refundable. The reaccreditation fee shall be based ,upon the fee structure in Section 6.4 of this Agreement. The payment does not include on-site assessment costs which will be paid in accordance with Section 6.3 ofthis Agreement. 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 seeking accreditation. In the case of reaccreditation, the purpose of said news releases and 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. 7 8. THE COMMISSION AS AN INDEPENDENT CONTRACTOR: 8.1 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 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. REACCREDITATION: 9.1 The Applicant must notify the Commission, in writing, of its intent to apply for reaccreditation with the Commission not less than 12 months prior to the expiration of the initial accredited or any reaccredited status under this Agreement. Failure to timely notify the Commission of such intent may result in the termination of this Agreement at the expiration ofthe initial accredited or any reaccredited status. 9.2 The Applicant agrees that it must comply with the accreditation standards approved by the Commission at the time the notice of application of reaccreditation is submitted and acknowledged for the purpose of reaccreditation. 9.3 An Applicant accredited by the Commission on Accreditation for Law Enforcement Agencies, Inc., "National Accreditation", whose initial accreditation under this agreement was based on comparative compliance must maintain its National Accreditation during the time of any accreditation/reaccreditation under this Agreement. Failure to maintain National Accredited status during the pendancy of this Agreement will result in reaccreditation being based on a full compliance on-site assessment at the time of reaccreditation. 8 10. WARRANTY NOT INTENDED OR IMPLIED: 10.1 It is understood that the Commission's award of accreditation or reaccreditation does not constitute a warranty, expressed or implied, of total or continued compliance by the Applicant Agency with all applicable standards of accreditation 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. 10.2 The Commission makes no representations or warranties, expressed or implied, ofthe benefit of any person or entry with regard to aspect of the standards contained herein. 11. INDEMNIFICATION: 11.1 To the extent provided by general and special law, the Applicant shall indemnify and hold harmless the Commission, its officers, employees and agents from any and all liability loss or damage which may be suffered or incurred as a result of c1,aims, demands suits or actions arising out of the Applicant's performance under this Agreement. This shall not apply to any claims based on the Commission's negligence in its performance under this Agreement. Nothing herein shall be construed as a waiver of any right of sovereign immunity as set forth in FSS 768.28. 9 12. 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. 13. 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. 14. CHOICE OF LAW: This Agreement and the rights ofthe parties hereunder shall be governed by and interpreted in accordance with Florida law. 15. MAINTAINING THE APPLICANT'S ACCREDlTED/REACCREDlTED STATUS: If the Applicant is awarded accredited or reaccredited status by the Commission, the Applicant agrees to remain in compliance with those standards under which accreditation or reaccreditation is awarded. After an award of accreditation or any 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 accredited or reaccredited. 16. 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. 10 17. 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. 18. HEADINGS: The headings to this Agreement shall not be deemed part of it and shall not in any way affect its construction. 19. CONSENT TO BE BOUND: 19.1 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. 19.2 All disputes arising under this AccreditationlReaccreditation Agreement of the enforcement, execution, or any other actions, relative to this AccreditationlReaccreditation 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 Orlando, Florida, pursuant to the Commercial Arbitration Rules ofthe American Arbitration Association. 19.3 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 19. 11 6b/07/20~2 13:35 2754174 CFA PAGE 62 --" '-' IN WITNESS WHEREOF, the Applicant has caused this Agreement to be executed on . (date): i~ / ) "U)() I Attc:lt: ~ '-} ~ ~ * Title: Ric.hard Barreto. Police Chief Attest: ** Title: Roben Parc.her. City Clerk lil'1 y~? . k l,-U--l a I 4.,L Lf.. IN WITNESS WHEREOF, the Commission has caused this Agreement to be executed by the Executive Director of the Commission. acting on its behalf, '011 . (date): III III. Title of the Applicant's Chief Executive Officer Title oftbe appropriate civil authority in tho event such signature is required to effect this Agreement. ~1<S1O ~& I.ANOUAGE & FOR EXECUTION Llj,~~ ~-Zo-~ ~DaIe 12