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R-54-00 05/22/00RESOLUTION A RESOLUTION APPROVING A LOCAL AGENCY AGREEMENT WITH THE COMMISSION OF ACCREDITATION FOR LAW ENFORCEMENT AGENCIES FOR LEMONT POLICE DEPARTMENT, VILLAGE OF LEMONT, ACCREDITATION. WHEREAS, the Commission on Accreditation for Law Enforcement Agencies and the Lemont Police Department, Village of Lemont, have committed resources to begin accreditation process. WHEREAS, the Commission on Accreditation for Law Enforcement Agencies has provided an agreement specifying funding commitments to accreditation. WHEREAS, the Village concurs with the terms of the agreement. NOW THEREFORE, SO IT BE RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THAT THE ATTACHED INTERGOVERNMENTAL AGREEMENT BE APPROVED. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 2 Z rd day of 2000. John Benik Debra Blatzer Keith Latz Connie Markiewicz Richard G. Rimbo Mary Studebaker Approved by me this Z Z 7� Attest: AYES V v V v NAYS PASSED ABSENT M. SMOLLEN, Village Clerk 2000. . KWASNESKI, Village President CHARLENE M. SMOLLEN, Village Clerk ,,, Approved HN ANTONOPOULOS, Villa—/Attorney AGENCY COPY, SIGN AND SEND TO COMMISSION: THIS COPY WILL BE RETURNED FOR YOUR FILES WHEN FULLY EXECUTED THE ACCREDITATION PROGRAM FOR LAW ENFORCEMENT ACCREDITATION AGREEMENT This Agreement is entered into between the Lemont Police Department (full name of agency) with principal offices at 416 Main Street Lemont, Illinois Zip 60439 telephone number (63o ) 957 -?928 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, cov'bnant 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 (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 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. January 1999 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 36th month 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 process; or (c) Upon termination pursuant to Section 5.2, 6.1 or 6.2 hereof; or (d) 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 6.4. 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 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 three options for payment of the initial accreditation fee, which is not refundable (except as noted in Subsection 6.2). Under option one and two, the Agency remits payment that does not include on -site assessment charge. On -site assessment charge will be determined by the Commission and billed separately prior to the on -site assessment. Option three includes the estimated on- site assessment charge. Estimated on -site assessment charges are projections of actual assessment expenses. In the event the actual assessment expenses are more than the estimated on -site assessment charges collected, the agency will be billed the overage. In the event the actual assessment expenses are less than the estimated on -site assessment charges collected, the excess amount will be promptly retumed to the agency. Installment payments include a small servicing cost. Installments may be prepaid. All accreditation fees must be paid in full prior to requesting on -site assessment. The Commission reserves the right to terminate this Agreement if an installment payment is delinquent by more than sixty days. Option 1 Single Payment — (Excluding On -Site Assessment Charge) Our agency is authorized full -time employees, including swom and nonswom. The Agency will remit to the Commission a single payment in the lump -sum amount (minus the previous 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 $ AND The Agency will be billed for the Commission's projected on -site assessment charge plus a 25% administrative fee (based on estimated costs), and payment will be required prior to the on -site assessment. Option 2 Two Installments — (Excluding On -Site Assessment Charge) 3 0 Our agency is authorized 29 full -time employees, including 26 swom and nonswom. The Agency will remit to the Commission two installments of $ 4015 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 13t month from the effective date of this Agreement. The previous paid $250 application fee will be deducted from the first installment. The amount of $ 3765 is herein 2 remitted to the Commission or, Purchase Order No. is herein remitted to the Commission in the amount of $ 3765 . AND The Agency will be billed for the Commission's projected on -site assessment charge plus a 25% administrative fee (based on estimated costs), and payment will be required prior to the on -site assessment. Option 3 Three Installrnents — (Estimated On -Site Assessment Charges Included) Our agency is authorized full -time employees, including swom and nonswom. The Agency will remit to the Commission three installments of $ each. The first installment is due upon the signing of this Agreement by the Agency's Chief Executive Officer. The previous paid $250 application fee will be deducted from the first installment. The second installment is payable by the end of the 13th month from the effective date of this Agreement. The third installment is due by the 25th month from the effective date of this Agreement or prior to the scheduled on -site assessment, whichever occurs first. The amount of $ is herein remitted to the Commission or, Purchase Order No. is herein remitted to the Commission in the amount of $ 6.2 If the Agency is determined ineligible to apply for participation in the accreditation program, a full refund of all sums paid will be retumed to the Agency, less the $250 application fees. 6.3 One month after the initial accreditation award, the agency will be billed the Annual Continuation Fees. The remainder of the Annual Continuation Fees are due in two payments at the 13"' and 25th months of the award period. The Commission reserves the right to terminate this Agreement if any of the Annual Continuation Fees payments are delinquent by more than sixty days. Any adjustments to Annual Continuation Fees will be made at the beginning of each reaccreditation award period. 6.4 If the Agency requires more than 36 months to complete a successful initial on -site assessment, the Agency agrees to pay a nonrefundable annual extension charge amounting to 35% of the initial accreditation fee in effect on the date of the extension request. At the beginning of each extension period, this annual extension charge shall be recalculated and due, until a successful initial on -site assessment has been achieved or this Agreement has been terminated in accordance with Section 4 supra. The Commission reserves the right to terminate this Agreement if annual extension charge is delinquent by more than sixty days. 6.5 If any of Agency's on -site assessments are not successful (i.e., work beyond the assessment is required to achieve compliance with applicable standards), the Agency shall prepay estimated expenses plus a 25% service charge (based on estimated expenses) for a subsequent on -site assessment and /or additional staff /assessor assistance required on or off -site. Any additional work required must be completed within six months. In the event the actual expenses are more than estimated assessment charges, the agency will be billed the overage. In the event the actual assessment expenses are less than the estimated assessment charges, the Commission will promptly retum 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 conceming the Agency, the Commission's reply will be to identify the Agency's status as categorized in Chapter III of the Accreditation Process Book, as amended from time to time. All other requests for information will be directed to the Agency's Chief Executive Officer. 3 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 111 of the Accreditation Process Book, as amended from time to time. 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. '., 10. INDEMNIFICATION: 10.1 The Agency shall indemnify and hold harmless the Commission from all claims, demands, suits, and actions, including costs of defense and reasonable attomeys fees, against the Commission as a result of the distribution by the Agency to third persons of any reports, results of analyses, recommendations, or other communications 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, including costs of defense and reasonable attorneys fees, which may be suffered or incurred as a result of claims, demands, suits, or actions arising out of the performance of 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 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. 13. CHOICE OF LAW: 13.1 This Agreement and the rights of the parties hereunder shall be govemed by and interpreted in accordance with the law of the state of Virginia. 14. MAINTAINING THE AGENCY'S ACCREDITATION STATUS: 14.1 When the Agency is awarded accreditation by the Commission, the Agency agrees to maintain compliance with those applicable standards under which accreditation was awarded. After award of accreditation, the Agency agrees to (a) file annual reports by the 13th and 25th months, on forms supplied by the Commission that certify to its continuing compliance, and (b) promptly notify the Commission 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, as amended from time to time. 15. 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. 4 16. 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. 17. 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. 18. HEADINGS: 18.1 The headings of 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 Agency has read the following documents and agrees to and accepts them: (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. 19.2 All disputes arising under this Accreditation Agreement or the enforcement, execution, or any other actions, relative to this Accreditation Agreement or any other agreement, standard; rule, or regulation, pertaining to the accreditation process and the maintenance of accreditation thereafter, will be arbitrated pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Accreditation Agreement. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, unless required to do so by order of a govemmental authority, or as required by either party's auditors in connection with the preparation of audited financial statements, or as required by the disclosure requirements of any securities law or regulation, or if a petition to enforce arbitration is necessary to be filed with a court of competent jurisdiction. 5 IN WITNESS WHEREOF, The Agency has caused this Agreement to be executed on May Is t ,19 2000 • Witness: By Witness: By IN WITNESS WHEREOF, the Commission has caused Director of the Commission, acting on its behalf, on Witness: By By John J. Blnis (hyped name) Chief of Police eider hard Kwasneski (typed name) Mayor (title)~ this Agreement to be executed by the Executive ,19 The Commission on Accreditation for Law Enforcement Agencies, Inc. 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. 6 AGENCY FEES FOR LAW ENFORCEMENT ACCREDITATION The fees listed are the Initial Accreditation Fees and the Annual Continuation Fees for the Accreditation Program. Option 1 lists fees for agencies that elect to remit the entire payment at the time of application. Option 2 lists fees for agencies that elect to remit the initial accreditation fee in two installments. The first installment is due at application. The second is due by the end of the 13'" month from the effective date of the Accreditation Agreement. Option 3 lists fees for agencies that elect to remit the initial accreditation fee in three installments. The first installment is due at application. The second is due by the end of the 1311' month from the effective date of the Accreditation Agreement and the third installment is due 12 months later. Included in the fees listed under Option 3 is the estimated onsite assessment charge. The fourth column lists the Annual Continuation Fees for accredited agencies after their initial accreditation. The initial payment is due the first month after initial accreditation and then every year thereafter on the same date. Number of authorized full -time employees* Initial Accredita on Fee Annual Continuation Fee ** Option 1 Option 2 Option 3 Lump Sum Payment without onsite assessment charge Two Installments without onsite assessment charge Three Installments includes estimated onsite assessment charge' '(56,700)•• Reaccreditation Service Charge+ Estimated Onsite Assessment Charge , 1— 24 5 4,675 5 2,455 S 3,910 53,170 per year 25 —199 7,650 4,015 4,975 3,765 per year 200 — 999 12325 6,470 6,650 4,700 per year 1000 + 16,150 8,480 8,025 _ 5,465 per year • Fee Calculation: Fee calculation for a single payment: Our agency is authorized full -time employees ( Sworn & Nonsworn). The indicated fee is S . The full amount, less the previously paid application fee (S250.00) is herein remitted to the Commission as noted below. -or- X Fee calculation for two installments: Our agency is authorized 29 full -time employees ( 26 Sworn & 3 Nonsworn). The indicated fee for each installment is S 4015 . The installment amount is herein remitted to the Commission as noted below. (The previously paid accreditation application fee of S250.00 will be deducted from the first installment) -or- Fee calculation for three installments: Our agency is authorized full -time employees ( Sworn & Nonsworn). The indicated fee for each installment is S . The installment amount is herein remitted to the Commission as noted below. (The previously paid accreditation application fee ofS250.00 will be deducted from the first installment.) • Memorandum of Remittance: Check No. in the amount of $ is herein remitted to The Commission; or, Purchase Order No. is herein remitted to The Commission in an amount (AS Notes: *Calculating Authorized full -time Employees: Authorized full -time employees include swom and nonswom personnel; if your agency maintains a jail that houses sentenced prisoners or is a department of public safety that employs fire, emergency medical or other personnel, please call the Commission for information about whether to include them in the total. **Annual Continuation Fees: Continuation Fees are defined as the Service Charge and estimated On -site Assessment Charge for reaccreditation subject to change after each reaccreditation award. The Commission will notify agency prior to fee due date. • •The amount of 56,700 is an estimate of on -site assessment charges. The Commission will adjust this amount based on current market values. WHITE INVOICE - AGENCY'S COPY For the Agency Agency: Lemont Police Department By: Signature John J. Bluis Yrtnt or type name ©!5. -01 -00 Date Phone: 030) 257 -2228 GREEN INVOICE - RETURN TO CALEA WITH REMITTANCE OR PURCHASE ORDER ADM 13 1.99 COMMISSION COPY, SIGN AND SEND TO COMMISSION THE ACCREDITATION PROGRAM FOR LAW ENFORCEMENT ACCREDITATION AGREEMENT This Agreement is entered into between the Lemont Police Department (full name of agency) with principal offices at 416 Main Street Lemont, Illinois Zip60439 telephone number ( 630 ) 257 -2228 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, 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 (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 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. January 1999 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 36th month 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 process; or (c) Upon termination pursuant to Section 5.2, 6.1 or 6.2 hereof, or (d) 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 6.4. 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 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 three options for payment of the initial accreditation fee, which is not refundable (except as noted in Subsection 6.2). Under option one and two, the Agency remits payment that does not include on -site assessment charge. On -site assessment charge will be determined by the Commission and billed separately prior to the on -site assessment. Option three includes the estimated on- site assessment charge. Estimated on -site assessment charges are projections of actual assessment expenses. In the event the actual assessment expenses are more than the estimated on -site assessment charges collected, the agency will be billed the overage. In the event the actual assessment expenses are less than the estimated on -site assessment charges collected, the excess amount will be promptly retumed to the agency. Installment payments include a small servicing cost. Installments may be prepaid. All accreditation fees must be paid in full prior to requesting on -site assessment. The Commission reserves the right to terminate this Agreement if an installment payment is delinquent by more than sixty days. Option 1 Single Payment — (Excluding On -Site Assessment Charge) Our agency is authorized full -time employees, including sworn and nonswom. The Agency will remit to the Commission a single payment in the lump -sum amount (minus the previous 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 $ AND The Agency will be billed for the Commission's projected on -site assessment charge plus a 25% administrative fee (based on estimated costs), and payment will be required prior to the on -site assessment. Option 2 Two Installments — (Excluding On -Site Assessment Charge) Our agency is authorized 29 full -time employees, including 26 swom and 3 nonswom. The Agency will remit to the Commission two installments of $ 4015 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 13t month from the effective date of this Agreement. The previous paid $250 application fee will be deducted from the first installment. The amount of $ 3765 is herein 2 remitted to the Commission or, Purchase Order No. is herein remitted to the Commission in the amount of $ 3765 . AND The Agency will be billed for the Commission's projected on -site assessment charge plus a 25% administrative fee (based on estimated costs), and payment will be required prior to the on -site assessment. Option 3 Three Installrnents — (Estimated On -Site Assessment Charges Included) Our agency is authorized full -time employees, including sworn and nonswom. The Agency will remit to the Commission three installments of $ each. The first installment is due upon the signing of this Agreement by the Agency's Chief Executive Officer. The previous paid $250 application fee will be deducted from the first installment. The second installment is payable by the end of the 13"' month from the effective date of this Agreement. The third installment is due by the 25th month from the effective date of this Agreement or prior to the scheduled on -site assessment, whichever occurs first. The amount of $ is herein remitted to the Commission or, Purchase Order No. is herein remitted to the Commission in the amount of $ 6.2 If the Agency is determined ineligible to apply for participation in the accreditation program, a full refund of all sums paid will be retumed to the Agency, less the $250 application fees. 6.3 One month after the initial accreditation award, the agency will be billed the Annual Continuation Fees. The remainder of the Annual Continuation Fees are due in two payments at the 13th and 25th months of the award period. The Commission reserves the right to terminate this Agreement if any of the Annual Continuation Fees payments are delinquent by more than sixty days. Any adjustments to Annual Continuation Fees will be made at the beginning of each reaccreditation award period. 6.4 If the Agency requires more than 36 months to complete a successful initial on -site assessment, the Agency agrees to pay a nonrefundable annual extension charge amounting to 35% of the initial accreditation fee in effect on the date of the extension request. At the beginning of each extension period, this annual extension charge shall be recalculated and due, until a successful initial on -site assessment has been achieved or this Agreement has been terminated in accordance with Section 4 supra. The Commission reserves the right to terminate this Agreement if annual extension charge is delinquent by more than sixty days. 6.5 If any of Agency's on -site assessments are not successful (i.e., work beyond the assessment is required to achieve compliance with applicable standards), the Agency shall prepay estimated expenses plus a 25% service charge (based on estimated expenses) for a subsequent on -site assessment and /or additional staff /assessor assistance required on or off -site. Any additional work required must be completed within six months. In the event the actual expenses are more than estimated assessment charges, the agency will be billed the overage. In the event the actual assessment expenses are less than the estimated assessment charges, the Commission will promptly retum 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, as amended from time to time. All other requests for information will be directed to the Agency's Chief Executive Officer. 3 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, as amended from time to time. 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 conceming 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., 10. INDEMNIFICATION: 10.1 The Agency shall indemnify and hold harmless the Commission from all claims, ' demands, suits, and actions, including costs of defense and reasonable attomeys fees, against the Commission as a result of the distribution by the Agency to third persons of any reports, results of analyses, recommendations, or other communications fumished 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, including costs of defense and reasonable attomeys fees, which may be suffered or incurred as a result of claims, demands, suits, or actions arising out of the performance of 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 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. 13. CHOICE OF LAW: 13.1 This Agreement and the rights of the parties hereunder shall be govemed by and interpreted in accordance with the law of the state of Virginia. 14. MAINTAINING THE AGENCY'S ACCREDITATION STATUS: 14.1 When the Agency is awarded accreditation by the Commission, the Agency agrees to maintain compliance with those applicable standards under which accreditation was awarded. After award of accreditation, the Agency agrees to (a) file annual reports by the 13t and 25`" months, on forms supplied by the Commission that certify to its continuing compliance, and (b) promptly notify the Commission 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, as amended from time to time. 15. 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. 4 16. WAVER: 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. 17. 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. 18. HEADINGS: 18.1 The headings of 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 Agency has read the following documents and agrees to and accepts them: (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. 19.2 All disputes arising under this Accreditation Agreement or the enforcement, execution, or any other actions, relative to this Accreditation Agreement or any other agreement, standard, rule, or regulation, pertaining to the accreditation process and the maintenance of accreditation thereafter, will be arbitrated pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Accreditation Agreement. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, unless required to do so by order of a govemmental authority, or as required by either party's auditors in connection with the preparation of audited financial statements, or as required by the disclosure requirements of any securities law or regulation, or if a petition to enforce arbitration is necessary to be filed with a court of competent jurisdiction. 5 IN WITNESS WHEREOF, The Agency has caused this Agreement to be executed on May: 1st. , 19 2000 Witness: By, Witness: By IN WITNESS WHEREOF, the Commission has caused Director of the Commission, acting on its behalf, on Witness: By By, John J. Bluis (typed ) Chief of Police (fie), By Richard Kwasneski (typed name) Mayor (fie)„ this Agreement to be executed by the Executive ,19 The Commission on Accreditation for Law Enforcement Agencies, Inc. 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. 6 COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT-AGENCIES, INC. LEGAL BASIS AND ELIGIBILITY STATEMENT The agency's sfatulor or legal basis is as foliows (see reverse side Chapter.,.65 111inoisf;Comp } tatutes Subcha ter 5%1f 1. 1 n�er"ifaFice Ordinances states_: that the Corporate Authorities of each 'Municipahity may pags-^and 1eriforce?`11 necessary police ordinances. ^Subchapter 5/11 1 -2 Duties and` Powers of`--'Police`Officers states t Police Officers 1n,Municipalittes :shall be conservators of the peace. They shall have the power to arrestor cause to `be' arrested with or without process -all persons who break the peace or are found violating any Municipal Ordinance or any Criminal Law of the State, and to excercise all other powers as conservators of the peace prescribed by the Corporate Authorities. The agency's eligibility is In accord with the Commission's criteria as follows (see reverse side for criteria and types of elig)ble agencies): The Lemont Police Department, a Municipal Law Enforcement Agency, which•is a Legally Constituted Governmental Entity, and mandated responsibilities is to enforce laws and has personnel with general or special Law Enforcement Powers. Agency Name: Lemont Police Department Date: 05 -01 -00 By: ogndurs John J. Bluis (drub name) Chief of Police le•) Polce:Departmenf n Street (If a P.O. Box delivery is preferred, check here: 0 But, please also include street address for U.P.S. deliveries., AGENCY'S -CHIEF EXECUTIVE OFFICER TITLE Chief of Police Bluis AGENCY'S ACCREDITATION MANAGER Commander r fi. 'TITLE: ` "` 'TELEPHONE: (630) 25 7 -222 Attached are our (I) Legal Basis and Eligibility Statement; (2) Accreditation Agreement, duly signed; (3) Common's'; copy of the invoice; and (4) check or purchase order in the amount of $ 3765 to cover costs attendant to our ageaay's application for accreditation. The commitment our agency must make in working with the Commission toward accreditation is understood and acce Also, we are prepared to provide information promptly concerning our agency that the Commission requires in making its determination for awarding accreditation. It is also understood that our agency is entering into a nonadversarial working relationship with the Commission and that our agency can terminate its applicant status at any time upon notice as indicated in the aforementioned Agreement, Section 42. Date: 0-5-0I-00 John J. Bluis Chief of Police (fie) *If the agency is a department of public safety, provide the full name of the law enforcement component (e.g., Oak Park Department of Public Safety, Police Division) January 1992 ADM-150/92) FEES FOR LA f. YY..:Y. "Y - ,*'a".y° �'a >^'sr!'. -.- i"'- .,ice. M'}F• on„, n �,.y"` = • r i i The fees listed are the to z cred'rtation l=ass and the M� Co nua ort Z fists feesttrat elect to em agencies that elect to rim, entire payment at the time of°, p ip, �bor►•,O) n ,s � &-� �13�" rtaHor►. accreditation Tee m two instal(m eh- ts �'Ttte first utstallment � ap�p�tC �it� � ,, „� „ ,...end , . A reementi on 3 lists fee ag es that sled to . effective date of the tlon g Optj k `4,:■ ,,sf3up sowed me installments. The first installment Is due at appGcabon 'The s 's ue m the fees Aotxeddabon Agreement ar>drthe ttikd installment Is due 12 - , . _ ,, , ., p.: fo fifth oolumit Rats ttie Annual in , .,_. ent charge Conthwatwn Fees for assessor �" `� r `due the first mo t after unbal acct d'dat 9r! and the ,everl(,1 payment is �, . � t Number of authorized full -time employees* 1 -24 a' Option 1 - Lump, Sum Payment without onsite assessment charge S 4,675 25 -199 200 -999 1000+ 7,650 12,325 16,150 • • ti th san' data yh`Y" S T:Y Initial Accredita 'onF Option 2 Two Installments" without onsite assessment , charge Annual Continuation Fee *.'. Eteaccreditation Service harge+ Estimated onsite Assessment Charge 53,170 per year 3,7¢5 • r ear , x 4,700 . r ear x.. Option °Three Installments includes estimated onsrte x `esses's taint .charget ``•'($6 700).. <, .1 S 2,455 4,015 6,470 8,480 Fee Calculation: • Fee calculation for a single payment: Our ag ency is authotized f u l6hme employees ( Sworn & Nonsworn). The indicated fee is $ • . The full amount, less the previously paid application fee (5250.00) is herein remitted to the Commission as noted below. 53,910 4,975 . ;- 6,650 8,025 5,465 per year -or - 29 full-time employees ( 26 Sworn & 3 Fee calculation for two installments. Our agency is authorized -- Nonsworn). The indicated fee for each installment is S 4015 The installment amount is herein remitted to the. Commission as noted below. (The previously paid accreditation application fee of 5250.00 will be deducted from the first installment. -or- Fee calculation for three installnents: Our agency is authorized full -time employees ( Sworn & Nonsworn). The indicated fee for each installment is S . The installment amount is herein remitted to the Commission as noted below. (The previously paid accreditation application fee of 5250.00 will be deducted from the first installment.; • Memorandum of Remittance: Check No. in the amount of $ is herein remitted to The Commission; or,," Purchase Order No. is herein remitted to The Commission in an amount of $ - Notes: *Calculating Authorized full -time Employees: Authorized full -time employees indude swom and nonswom personnel; if your agency maintains a jail that houses sentenced prisoners or is a department of public safety that employs fire, emergency medical or other personnel, please call the Commission for information about whether to include them in the total. * *Annual Continuation Fees: Continuation Fees are defined as the Service Charge and estimated On -site Assessment Charge for reaccreditation subject to change after each reaccreditation award. The Commission will notify agency prior to fee due date. • .The amount of $6,700 is an estimate of on -site assessment charges. The Commission will adjust this amount based on current market values. IWHITE INVOICE - AGENCY'S COPY For the Agency Agency: Lemont Police Department By: Signature John J. Bluis Yrrnt or type name 05 -01 -00 Phone: t30) 257 -2228 Date GREEN INVOICE - RETURN TO CALEA WITH REMITTANCE OR PURCHASE ORDER ADM U 1.99 11