092-87 Ordinance
,. ORDINANCES
, RECORD OF
National Graphics Corp., Cols., O. ~ Form No. 2806-A
Ordinance No. 92-87 Passed ------------ -------. ____19__
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AN ORDINANCE AUTHORIZING THE MUNICIPAL
MANAGER AND THE CHIEF OF POLICE TO ENTER
INTO AN AGREEMENT WITH THE COMMISSION ON
ACCREDITATION FOR LAW ENFORCEMENT AGENCIES,
INC. WHICH SETS FORTH THE TERMS AND CONDITIONS
OF THE RELATIONSHIP BETWEEN THE COMMISSION
AND THE DUBLIN POLICE DIVISION DURING THE
ACCREDITATION PROCESS, AND DECLARING AN
EMERGENCY
WHEREAS, Council agrees that the Village of Dublin Division of Police
should seek to become an accreditated law enforcement agency; and
WHEREAS, the Commission on Accreditation For Law Enforcement Agencies
has provided the appropriate information, application, and Accreditation
Program Agreement;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin,
State of Ohio, 6 of the elected members concurring that:
Section 1. The Municipal Manager and Chief of Police be, and hereby are,
authorized to enter into an agreement with the Commission on Accreditation
For Law Enforcement Agencies, Inc. (attached as Exhibit 1) which sets
forth the terms and conditions of the relationship between the Commission
and the Dublin Police Division during the accreditation process.
Section 2. Payment of the $6,650.00 Accreditation Fee be, and hereby is,
authorized.
Section 3. This Ordinance be, and the same hereby is, declared to be an
emergency measure due to the reason that the Commission on Accreditation
For Law Enforcement Agencies must receive the attached agreement promptly
in order for the Village to be eligible for the Accreditation Fee of
$6,650.00. Therefore, this Ordinance shall take effect and be in force
immediately upon its passage.
Passed this 3rd day of August , 1987.
o B~py-,c Q. Y7( ~
~ Mayor - Presiding Officer
Attest:
f/t!2.4t4? Wj- L'fA-A.C~
lerk of Council I hereby certify that copies of this Ordinance/Resolutinn
were posted in the Village of Dublin in aCCQrdance with
Section 731.25 of the Ohio Revised Code.
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Sponsor: Municipal Manager crerk of Cu~l
.
COMMISSION ON ACCREDIT A TION FOR LAW ENFORCEMENT AGENCIES
Incorporated
4242B Chain Bridge Road, Fairfax, Virginia 22030. Local (703) 352-4225 · Toll-Free (800) 368-3757; Virginia (800) 468-7784
August 18, 1987 K. H. Medeiros, Executive Director
Mr. Robert F. Mayer
Chief of Police AGY No. 87072304
Dublin Village Division of Police
6665 Coffman Road
P.O. Box 206, Zip 43017
Dublin, OH 43017
Dear Chief Mayer:
The Commission on Accreditation for Law Enforcement Agencies, Inc. ,
is pleased to advise you that the Dublin Village Division of Police is
eligible to participate in the accreditation program and is now considered to
be an "applicant" for accreditation. Accordingly, we are enclosing a signed
copy of the agreement, setting forth mutual obligations pertaining to the
accreditation program.
Our first request is for your agency to fill in and return the
transmittal copy of the enclosed Agency Profile Questionnaire (APQ). The
purpose of the APQ is several fold: (1) it provides the Commission--partic-
ularly staff and assessors--an overview of your agency in terms of agency
size, legal responsibilities, and functions performed; (2) it provides us with
information that will assist in the identification of specific standards,
which mayor may not be applicable to the agency; and (3) it provides your
agency an opportunity to begin preparing for self-assessment.
Regarding item (2) above, the Commission recently instituted a new
step in the accreditation process: "Commission and Agency Staffs Confer by
Telephone to Determine Standards Applicable to the Agency on the Basis of
Functions Performed." The process as spelled out in the original Accredita-
tion Program Book contemplated that this activity would be carried on in
writing via U.S. Mail. But, experience (and access to a toll-free telephone
line) has dictated that this activity could be carried on via telephone more
expeditiously, with a better result, and probably at less cost.
As indicated in the instructions, it is requested that you complete
and return the Agency Profile Questionnaire within 30 days, or advise us if
this cannot be done. We look forward to working with your agency during
accreditation and stand ready to be of assistance.
Sincerely,
/
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K. H. Medeiros
Executive Director
Enc.
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THE ACCREDITATION PROGRAM FOR LAW ENFORCEMENT AGENCIES
ACCREDITATION AGREEMENT
The Agreement is entered into between the _ Village of Dublin, Ohio
(full name of agency)
with principal offices at 6665 Coffman Road
Dublin. Ohio Zip 41017 telephone number (614 ) 889-2175
hereafter referred to as the "Agency," and the Commission on Accreditation for Law Enforcement
Agencies, Inc., a Maryland Corporation, with principal offices at 4242B Chain Bridge Road, Fairfax,
Virginia 22030, telephone number (703) 352-4225, 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 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 relationships between, and set the respon-
sibilities of, the parties of the Agreement (a) by measuring the Agency's compliance with the
standards established by the Commission in order for the Commission to determine if the Agency
is eligible for certification as accredited and (b) by maintaining compliance with those stan-
dards by which they were accredited until the Agency is reaccredited.
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 the degree of compliance with those of the standards that
pertain to its functions and according to its size, 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 infor-
mation 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.
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 degrees of
compliance with standards.
3.3 Promptly analyze all compliance data and advise the Agency 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 Agency as accredited if
the relevant standards are met.
3.5 If the Agency is accredited, provide (a) a certificate, and (b) additional indicia of
accreditation.
3.6 If the Agency is not accredited following the initial evaluation of the degree of compliance
with the 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 in its behalf, sign the
Agreement.
.
4.2 The terms and covenants of this Agreement shall terminate in the following circumstances:
(a) Upon the determination that the Agency's accreditation is deferred unless this Agree.
ment is extended pursuant to Section 4.3 hereof; or
(b) Upon written notice by the Agency that the Agency intends to withdraw from the accredi-
tation process; or
(c) Upon termination pursuant to Section 5.2 hereof.
4.3 The Commission may, at its discretion after request by the Agency, following receipt by the
Agency of the Commission's decision in accordance with Section 3.6, extend this Agreement
to allow the Agency more time to comply with the relevant standards. In the event such extension
is granted, the Agency shall pay such additional reasonable fees as the Commission shall
determine.
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, within twenty (20)
days, that in the event the Agency refuses to accept and execute such modifications or amend-
ments, then and in such event, this Agreement will be terminated.
6. TIME AND MANNER OF PAYMENT:
6.1 The Agency may elect either one of two manners of payment: (a) full fee in two equal payments
or (b) a single, reduced-fee payment. Check the appropriate block and enter the required
amount:
[ill The Agency will pay the Commission the sum of
upon signing of this Agreement by the Agency's Chief Executive Officer and a like sum when
the on-site assessment is scheduled and the Agency notified thereof.
~ The Agency will pay the Commission the sum of $6,650.00
upon signing of this Agreement by the Agency's Chief Executive Officer as payment in full.
6.2 If the Agency is determined to be not eligible for candidacy, a full refund of such sum will
be paid to the Agency, less the $100 application fee. If an Agency withdraws from the ac-
creditation process after the on-site assessment, no refund will be paid. If an Agency withdraws
from the accreditation process prior to on-site assessment, at least 50% of the Agency's fee,
less $100, will be refunded. The refund payment above 50% will be negotiated by the Com-
mission and the Agency on the basis of reasonable costs incurred by the Commission.
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 of-
ficials, 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 fur-
therance of its responsibilities under this Agreement. Notwithstanding anything in this Agree-
ment 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 based upon the Agency's
application for accreditation including but not limited to all factual matters relating to the assess-
ment, 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 The Commission, in response to inquiries concerning the Agency's status with respect to
accreditation, will only reply (a) the Agency has applied for accreditation, (b) the Agency is a
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candidate for accreditation, or (c) the Agency is accredited. 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 pro-
gram will be to identify the Agency as seeking accreditation. 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 inde-
pendent 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.
10. INDEMNIFICATION:
10.1 The Agency shall indemnify and hold harmless the Commission from all claims, demands,
suits, and actions against the Commission as a result of the distribution by the Agency to
third persons of any reports, results of analyses, recommendations, or other communica.
tions furnished to it by the Commission.
10.2 The Agency 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 claims, demands, suits, or actions arising out of the performance by either party to
this Agreement.
10.3 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 10.
11. INTEGRATION:
11.1 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.
12. SEVERABILITY:
12.1 If any provision of this Agreement or the application of such provision to any person or cir-
cumstance 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.
13. CHOICE OF LAW:
13.1 This Agreement and the rights of the parties hereunder shall be governed by and interpreted
in accordance with the law of the state in which the Agency is located.
14. MAINTAINING THE AGENCY'S ACCREDITATION STATUS:
14.1 When the Agency is awarded accreditation by the Commission, the Agency is expected to
remain in compliance with those standards under which accreditation was awarded. After
award of accreditation, the Agency agrees to (a) file a brief annual report that testifies to its
continuing compliance and (b) notify the Commission when it cannot maintain compliance
with standards under which it was accredited.
15. WAIVER:
15.1 Any waiver by the Commission of any breach of this Agreement by the Agency shall relate
only to that particular breach and shall not amount to a general waiver.
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. .
16. NOTICE:
16.1 Any notice between the parties shall be in writing and sent by first class mail, postage prepaid,
to the addresses as specified in the preamble to this Agreement or to such other address
as either party may specify in writing in accordance with this section.
17. HEADINGS:
17.1 The headings to this Agreement shall not be deemed part of it and shall not in any way affect
its construction.
18. CONSENT TO BE BOUND:
18.1 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 Enforce-
ment Accreditation Program.
(b) Accreditation Program Book with particular reference to:
(i) Chapter III, "The Accreditation Process,"
(i i) Chapter IV, "Maintaining the Agency's Accreditation Status,"
(iii) Chapter V, "Procedures for the Review and Appeal of Commission Decisions," and
(iv) Chapter VI, "The Process of Reaccreditation."
18.2 All disputes arising under this Agreement or the enforcement, execution, or any other actions,
relative to this Agreement or any ether agreement, standard, rule, or regulation, pertaining
to the accreditation process and the maintenance of accreditation thereafter, will be arbitrated
in the town, city, county, or state in which the Agency's headquarters are located pursuant
to the Commercial Arbitration Rules of the American Arbitration Association.
IN WITNESS WHEREOF, The Agency has caused this Agreement to be executed on
July 29 . 19 87
::tesIL';[ 1LL By ~
. ~ Timothy C.HanSl~
(typed name)
Vi llage Manager
(title)"
AtteSI~ - '1 ~-::::F~ ::t'
By ~ ByK ,-------
(typed name)
Chief of Police
(title)" .
IN WITNESS WHEREOF, the Commission has caused this Agreeme;l to be executed by
the Executive Director of the Commission, acting on its behalf, on .....) / Y ,19 r2...
Attest: The Commission on Accreditation for
By ~U-//~~'-(b'~ Law 7;ent AgenCie~r
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.
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9/86