Oregon Accredation Alliance - Tigard Police Accredation Agreement THE OREGON ACCREDITATION ALLIANCE PROGRAM FOR LAW ENFORCEMENT
AGENCIES:
ACCREDITATION AGREEMENT
This Agreement is entered into between the Tigard Police Department
(full name of agency)
with Principal offices at 13125 SW Hall Blvd
Tigard, OR Zip 97223 telephone number-( 503) 639-6168
hereafter referred to as the "Agency," and the Oregon Accreditation Alliance, a function of the
Professional Standards Committee of the Oregon Association Chiefs of Police,with principal
offices at 1300 Capitol St. NE, Salem, Oregon 97303. Telephone number 800-784-2867
hereafter referred to as the "Committee,
The Agency and the Oregon Accreditation Alliance for and in consideration of the mutual
covenants set forth in this Agreement and the compensation,to be paid to the Oregon
Accreditation Alliance 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:
DEFINITION
Oregon's law enforcement State Accreditation Alliance is a joint effort of the Oregon
Association Chiefs of Police, the Oregon State Sheriffs Association, and the
Commission on Accreditation for Law Enforcement Agencies, Inc. The accreditation
program provides for voluntary participation iof Oregon's law enforcement agencies
in a effort to comply with internationally established professional standards of police
practices.
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 Oregon
Accreditation Alliance's assessing the Agency's compliance with applicable
standards established by the Professional Standards Committee in order for the
Oregon Accreditation Alliance to determine if the Agency.is eligible for
designation as state 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 Oregon Accreditation Alliance.
2.2 Provide all documents, files, records, and other data as required by the Oregon
Accreditation Alliance 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 state standards,
and provide full and accurate results thereof to the Oregon,Accreditation
Alliance.
2.4 Provide one or more persons to assist the Oregon Accreditation
Alliance'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 ands records' and provide necessary facilities-that are
requestedby the Assessors.
2.5 Respond to all communications from the Oregon Accreditation
Alliance within ten (10) business:days from the receipt,thereof.
3. OREGON ACCREDITATION ALLIANCE'S RESPONSIBILITIES:
The Oregon Accreditation Alliance agrees to:
3.1 Provide necessary, documentation, forms, and instructions regarding
the accreditation process.
3.2 Provide Assessors for the purpose of conducting anon-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 nominate the Agency for accreditation if the
relevant standards are complied with.*
3.5 If the Agency is accredited, (a) provide a certificate, and (b) make
available indication 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 Professional Standards Committee's decision.
4. TIME PERIOD COVERED BY THIS AGREEMENT
4.1 The Agreement shall take effect when the Agency's Chief Executive
Officer, or authorized representative, and the Executive Director of the
Oregon Accreditation Alliance, acting on its behalf, sign the
Agreement. This Agreement shall be effective upon signing by the
second party.
4.2The terms and covenants of this.Agreement shall terminate in the.
following circumstances
(a) Upon execution of a modified Accreditation Agreement between
the Agency and Oregon Accreditation.Alliance;or
(b) Upon expiration of the 36th month following the effective date of
this Agreement unless,a successful on-site assessment is
completed within that-period of time; or
*This provision applies only after payment of on-site assessment costs by the agency."
(c) Upon written notice by the Agency that it withdraws from the
accreditation process; or
(d) Upon termination pursuant to 6.2 hereof; or
(e) Upon expiration or revocation of the Agency's accredited status.
4.3The Oregon Accreditation Alliance may, at its discretion, upon request
by the Agency, extend this Agreement in accordance with Section 6.3
5. MODIFICATION
5.1 There shall be.no modifications of this Agreement except in writing, signed by
both parties, and executed'with the same formalities as this document.
5.2 The Agency recognizes and acknowledges that it will be necessary for the
Oregon Accreditation Alliance 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.
6. TIME AND MANNER OF PAYMENT:
6.1 Annual fees are assessed in accordance with Exhibit A, Schedule of Fees. The
Agency shall remit the first year fee at the time this Agreement is signed by the
Agency's CEO. Subsequent annual fees will be due on the anniversary date
for each year the Agreement is in effect.' The accreditation flee is not
refundable (except as noted in Subsection 6.2). The payment does not include
on-site assessment costs. The agency will be billed separately for on-site
assessment costs, as determined by the Oregon Accreditation Alliance.
Payment will be required prior to the on-site assessment. If the projected costs
exceed the actual on-site costs, the Oregon Accreditation Alliance will promptly
refund the excess amount to the Agency.
6.2 If the Agency is subsequently determined ineligible to apply for participation in
the accreditation program, a full refund of such sum will be paid to the Agency.
The agency must return all items delivered in the application package, including
the four manuals.
6.3 If the Agency's initial on-site assessment is not successful (i.e., work after the
initial on-site assessment is required to achieve compliance with applicable
standards), the Agency shall prepay estimated, plus a 25% administrative fee
(based on the estimated costs), for a subsequent on-site assessment and/or
additional staff/assessor assistance required�on or off site. The additional work
required(on and/or off site) must be completed within six months. If the
projected costs exceed the actual costs., the Oregon Accreditation Alliance will
promptly refund the excess amount to the Agency.
7.: CONFIDENTIALITY:
7.1 The Oregon Accreditation Alliance shall receive and hold confidential any and
all reports, files, records, and other data obtained from the Agency pursuant to
this Agreement. The Oregon Accreditation Alliance 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 Oregon
Accreditation Alliance in the furtherance of its responsibilities under this
Agreement. Notwithstanding anything in this Agreement to the contrary,
including the above, the Oregon Accreditation Alliance is authorized, but not
required, in the exercise of its sole discretion, to conduct an open meeting
regarding the Agency's candidacy for state accreditation or,.its continued
assessment, appraisal,and determination of state accreditation, and all
comments which forma,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 Oregon Accreditation Alliance to conduct all or part
of its,meeting in public, including but not limited to the right of the Oregon
Accreditation.Alliance in the exercise of its sole discretion, to terminate an open
meeting at any time and conclude such meetingin a closed session
7.2 In response to inquiries concerning the Agency,the Oregon
Accreditation.Alliance's reply'will be.to identify the Agency's status as
categorized in Chapter III of the Accreditation Process Manual. All other
requests for information.will be.directed to the Agency's Chief Executive
Officer.
8. NEWS RELEASES:
8.1 Not withstanding any provision of this Agreement to the contrary, the
Oregon Accreditation Alliance shall have the right to identify the Agency
in news releases and its publicityprogram after the Agency's on-site
assessment has been scheduled; the purpose of said news release and
to identify the Agency as seeking state accreditation. Other news
releases may be made by the Oregon Accreditation Alliance in accord
with Chapter III of the Oregon Accreditation Alliance. 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 Committee with a copy of all its news
releases or publicity material concerning it's accreditation activities
9. THE OREGON ACCREDITATION ALLIANCE AS AN INDEPENDENT
CONTRACTOR
9.1 In all matters pertaining to this Agreement, the Oregon Accreditation
Alliance shall be acting as an independent contractor, and neither the
Oregon Accreditation Alliance nor any officer, employee, or agent of the
Oregon Accreditation Alliance will be deemed an employee of the
Agency. The selection and designation of the personnel of the Oregon
Accreditation Alliance in performance of'its-responsibilities,under this
Agreement shall be made'by the Oregon Accreditation Alliance.
9.1 In all matters pertaining to this Agreement and the relationship between
the parties thereto, the Executive Director of the Oregon Accreditation
Alliance will act in the name of the Professional Standards Committee.
10. INDEMNIFICATION:
10.1 Each party shall indemnify and hold harmless the other party from all
claims, demands, suits, actions against either as a result of the
distribution to third persons of any reports, results of analyses,
recommendations, or other communications.
10.2 lEach,party,shall also'indemnifyand hold harmless the other party, 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, suit,'or actions arising out of the performance of either party
to this,Agreement.
10.3 The person signing on behalf of the law enforcement 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. SEVERABILTY
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 circumstance 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 of Oregon.
14. MAINTAINING THE AGENCY'S ACCREDITATION STATUS:
14.1 When the Agency is awarded state accreditation by their respective
Association, 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 on forms supplied by the Oregon
Accreditation Alliance that testifyto'its continuing compliance, and (b) promptly
notify the Oregon Accreditation Alliance when it cannot or does not maintain
compliance with applicable standards.
14.2 As regards maintaining the agency's state accreditation status, the Agency and
the Oregon Accreditation Alliance acknowledge and agree to be bound by the
provisions of the Oregon Accreditation Alliance Process Manual.
15. WARRANTY NOT INTENDED OR IMPLIED:
1.5.1 It is understood that the Oregon Accreditation Alliance's award of state
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..
16. WAIVER:
16.1 Any waiver by either party of any breach of this Agreement shall
relate only to that particular breach and shalt 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. CONSENT TO BE BOUND
18.1 The Agency has read the following documents and agrees to and
accepts them:
(a) Oregon Accreditation Alliance Standards for Law Enforcement
Agencies,
(b) Oregon Accreditation Alliance Process Manual and
(c) Self-assessment Manual
18.2 All disputes arising.under this Agreement or the enforcement,
execution, or any other actions,relative to this Agreement or any
other agreement, standard, rule-or regulation, pertaining to the state
accreditation process and the maintenance of accreditation
thereafter, will be arbitrated pursuant to the Arbitration Service of
Portland.
standard, rule or regulation, pertaining to the state accreditation process
and the maintenance of accreditation thereafter,,will be arbitrated
pursuant to the Arbitration Service of Portland.
IN WITNESS WHEREOF, The Agency has caused-this Agreement to be executed on
:Tv N F_ 1 , 20 o1
B it�gss:
'Ronald_D. Goodpaster
(TYPI=
a4
(title)'
Wit s .
By By
William A. Monahan
(type-1 namp).
City-Managar
(title)**
IN WITNESS WHEREOF, the Oregon Accreditation Alliance has caused this
Agreement to be executed by the Ex cutive Director of the Oregon Accreditation
Alliance, acting on its behalf, on , 20
Witness:
By
Theregon credi Dance
By
EXHIBIT A
SCHEDULE OF FEES
The fees'listed below, which are not
refundable,;exclude on-site;assessment costs,
which will be billed and payable prior to the on-
site assessment.
No. of Authorized Full-Time
Employees" A enc Size Indicator Annual Payment
1-9 A _ $ 550.00-
10-24 R $ 1050.00
25-74 D $ 1550.00
75-u E $ 2050.00