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CALEA/CCC THE ACCREDITATION PROGRAM FOR AGREEMENT TY COMMUNICATIONS ACCREDITATION on/ This Agreement is entered into between the ir (full ame of agency) with principal offices at 1 f vt . z 5S _ Zip 46 03-2- telephone number 31 53 ' hereafter referred to as the "Agency," and theCo ission on Accreditation for Law Enforcement Agencies, Inc., a Maryland Corporation, with principal offices at 10302 Eaton Place, Suite 100, Fairfax, Virginia 22030-2215, telephone number (800) 368-3757,hereafter referred to as the "Commission." WITNESSETH h in this The Agency and the Commission, for and in t the Commis on asn of the her afteral covenants set spec specified, covenant and agree Agreement and the compensation to be paid each party to be bound by the provisions, terms, and covenants contained herein, WHEREFORE, covenants and agrees as follows: 1. PURPOSE OF THIS AGREEMENT: between 1.1 The purpose of this Agreement is to establish the relationships assessing the Ag n the y's responsibilities of, the parties of the Agreement (a)by compliance with applicable standards established by the Commission in order for thee Commisslmaintaining compliance with those standards by which they were acction as redited. )by Agency 2. AGENCY'S RESPONSIBILITIES: The Agency agrees to: e 2.1 Provide all information, documents, files, records, and other data as required by he Commission so far as the same may be provided in accordance with laws, regulations, ordinances of the state, county,locality, or municipality in which the agency is located. 2.2 Fully and accurately respond to all communications from the Commission within ten (10) business days from the receipt thereof. 3. COMMISSION'S RESPONSIBILITIES: The Commission agrees to: • r- n-n^PSs. THE ACCREDITATION PROGRAM FOR PUBLIC SAFETY COMMUNICATIONS ACCREDITATION AGREEMENT This Agreement is entered into between the O r"� C�y (o icc�I4d (full dame of agency) with principal offices at 31 1 -5-r4ve . A" Cacw,.e( 1— Zip I-16 052- telephone number (31)- 53 (— z 5E G hereafter referred to as the "Agency," and the Commission on Accreditation for Law Enforcement Agencies, Inc., a Maryland Corporation, with principal offices at 10302 Eaton Place, Suite 100, Fairfax, Virginia 22030-2215, 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, 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. 2.2 Fully and accurately 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. August 2004 1 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. 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 24`h 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 or 6.1 hereof; or (d) Upon expiration or revocation of the Agency's accredited status; or (e) Notwithstanding any other provisions herein, at the option of either the Agency or the Commission, upon at least sixty (60) days prior notice by such party to the other specifying the date of termination. 4.3 The Commission may, at its discretion, upon request by the Agency, extend this Agreement in accordance with the terms and provisions of the Accreditation Process Book. 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 two options (lump sum or installments) for payment of the initial accreditation fee, consisting of a service charge, which is not refundable (except as noted in Subsection 6.2), and an estimated assessment charge. The initial accreditation fee for Options 1 and 2 includes the cost of one CALEA Accreditation Compliance Express (CACE) Software Program and two-year update service. The CACE software will ship after this Agreement is executed. Each option is contained on a separate invoice and describes the options available for initial entry into the accreditation program. The invoice option selected is attached hereto as an 2 • 12. WAIVER: 12.1 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. 13. NOTICE: 13.1 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. 14. HEADINGS: 14.1 The headings of this Agreement shall not be deemed part of it and shall not in any way affect its construction. 15. CONSENT TO BE BOUND: 15.1 The Agency has read the following documents and agrees to be bound by the terms and conditions of them, as amended from time to time, during the term of this Agreement: (a) The Standards Manual for the Public Safety Communications Program, 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. 15.2 The Agency accepts the Commission's decisions as the final authority on all matters relating to the Commission's standards and accreditation program. 16. APPROPRIATE COPYRIGHT USE OF COMMISSION MATERIALS 16.1 CALEA Standards for Public Safety Communications Agencies ("Standards") and related materials are protected by U.S. and International Copyright Laws. This publication may not be copied, reproduced, changed, altered, distributed, used in the creation of derivative works, stored in a retrieval system, or transmitted in any form, or by any means — electronic, mechanical, photocopying, recording or otherwise —without the express written permission of CALEA. 17. APPROPRIATE TRADEMARK USE OF COMMISSION MATERIALS 17.1 The following trademarks are registered or common law trademarks of CALEA in the United States (and in other countries): ACCREDITATION WORKS; ALLIANCE PROGRAM; CALEA; CALEA and Design; CALEA RECOGNITION; CALEA UPDATE; LAW ENFORCEMENT ACCREDITATION and Design; LAW ENFORCEMENT CERTIFICATION and Design; PUBLIC SAFETY COMMUNICATIONS and Design; LAW ENFORCEMENT RECOGNITION THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES and Design; PUBLIC SAFETY COMMUNICATIONS ACCREDITATION and Design; PUBLIC SAFETY TRAINING ACADEMY ACCREDITATION THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES and Design; and COMMISSION ON ACCREDITATION OF LAW ENFORCEMENT AGENCIES; SEPTEMBER 11`h 2001 "WE REMEMBER" and Design. CALEA's trademarks and trade dress may not be used in connection with any product or service that is not CALEA's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CALEA or that otherwise dilutes any of CALEA' s trademarks. 4 appendix to the Agreement. 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. 6.1 (a) Option 1 —Lump Sum Payment /C Our agency elects option 1 and has attached Invoice Option 1 to this agreement. The amount of St65o'0°is herein remitted to the Commission. 6.1 (b) Option 2 —Two Installments Our agency elects option 2 and has attached Invoice Option 2 to this agreement. The amount of$ is herein remitted to the Commission. 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 returned to the Agency, less the application fees. 7. THE COMMISSION AS AN INDEPENDENT CONTRACTOR: 7.1 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. 7.2 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. 8. AUTHORITY: 8.1 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 8. 9. INTEGRATION: 9.1 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. 10. SEVERABILITY: 10.1 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. 11. WARRANTY NOT INTENDED OR IMPLIED: 11.1It 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. 3 CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: es Brainard, Og O ficer Date: Lori S. atson, tuber Date: 1 't1 4 -JAL Mary Annaiike, e ber Date: � �l ATTEST: madra117, or / CCt iksmPuty Clerk"unit iD ana Cordray, Cle k- r asurer, IAMC Date: /�/�JO,/ INVOICE OPTION 1 The fees listed are the Initial Accreditation Fees and the Annual Continuation Fees after the award of Accreditation©. Option 1 lists fees for agencies that elect to remit the entire payment at the time of application. The section"Annual Continuation Fee"lists the fees due from 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. This invoice document listing Option 1 represents the agency's choice for entry into the public safety communications accreditation program and will be attached to, and become part of the Accreditation Agreement, and deemed appended by reference to section 6.1 thereof. Option 1-Initial Accreditation Fee Annual Continuation Fee*** Number of Lump Sum Payment (Reaccreditation) authorized full-time Estimated On-site Annual Payments Includes Estimated employees* Service Fee** Assessment Charge TOTAL Onsite Assessment Charge 1-15 $ 2,900 $ 5,500 $ 8,400 $2,310 16—75 4,350 5,500 9,850 2,602 76+ 6,650 5,500 12,150 3,060 • Fee Calculation: t,/ Fee calculation for a single payment: Our agency is authorized .2 a full-time employees.The indicated single fee (service fee+estimated onsite assessment charge)is$ 9gs-25. .The full amount is herein remitted to the Commission as noted below. — o°'`—' ist ems. 4isr•" • 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: For the Agency *Calculating Authorized full-time Employees: t. �R lntu c'>6 �i��S Authorized full-time employees include the Agency's Chief Agency: y Executive Officer and all personnel within the communication '//��� pi� division. gy; �i.�// _ **Fee includes the cost for CALEA Accreditation Compliance Signature Express(CACE-C)Software Program and two-year update fin av i N b. 5rac.dnar service.Contact the Commission if you purchased the CACE- C Program prior to signing and returning the accreditation Print or type name agreement. $-ep/e,n5emQ /7 2bo y ***Annual Continuation Fees: Date Continuation Fees are defined as the Service Charge and estimated On-site Assessment Charge for reaccreditation subject Phone: (3P1{ 5-7/-2- e 4 a .571-2593 to change after each reaccreditation award.The Commission will tw aT notify agency prior to fee due date. r t& RETURN TO CALEA WITH AGREEMENT AND REMITTANCE OR PURCHASE ORDER hk 1T"f T yyY COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES,INC. PUBLIC SAFETY/Y COMMUNICATIONS� � ACCREDITATION APPLICATION FORM AGENCY NAME: Lt0.L>ssrt L C y,.c-Ay 4 cl.y e ),iL51-$494JS STREET ADDRESS: 3/ /-5Cc atiVetluC. 6tI. P.O.BOX NO::,// P.O.BOX ZIP: CITY: Uv�7C COUNTY: /`6f//$on( STATE: - 2. ZIP: 40.E AGENCY FAX NO: (317)S7/-a Sg 8 SPECIAL INSTRUCTIONS: AGENCY'S CHIEF EXECUTIVE OFFICER: t i,4 R 1,`i : :1-c. g 1- • TITLE: Dio e'e-r e^P TELEPHONE:(3i l) 5 7/- 25C/3 AGENCY'S ACCREDITATION MANAGER: Cl,e i't a t i- I}c%F'z/W-' TITLE: T1riiL'ir2G &cPO.`0:•fire2 TELEPHONE: (3%7) 57/ Attached are our: (1)Eligibility Statement;(2)Accreditation Agreement,duly signed;(3)Commission's copy of the invoice;and(4)check or purchase order in the amount of$ 9g5O,e-t= to cover costs attendant to our agency's application. _ 200.0-0 #,y ea& 4,nuo.. Ai 94Sb.ee, The commitment our agency must make in working with the Commission toward accreditation is understood and accepted. 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 4.2. For the agency: Date: Set'Te1(,S Nrz T7r Zee e f By: y ,,..- lr (signature) MAO/it! L, 5re IA-atz.r (typed name) COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES,INC. PUBLIC SAFETY COMMUNICATIONS ACCREDITATION PROGRAM ELIGIBILITY STATEMENT Participants in the Communications Accreditation Program must be either (1) law enforcement agencies whose power and authority are established via local or state law; or (2) agencies that provide services directly to, and in support of, a legally constituted public safety agency. Please complete this form to assist the Commission in determining your agency's eligibility to participate in the Communications Accreditation Program. The ('armel nay nnmmnni rat inner rnntc is ehgible to participate in the Public Safety Communications Accreditation Program because it is: A law enforcement agency whose power and authority are established via local or state law; --- --_ OR n agency that provides services directly to, and in support of, a legally A Cconstituted public safety agency. Law Enforcement Agencies Cite the Chapter and Section, and quote the relevant language, of the statute that establishes your police powers and authority. Support Agencies Cite the Chapter and Section, and quote the relevant language, of the statute that establishes your public safety powers and authority OR provide a copy of your Articles of Incorporation, Bylaws, Memoranda of Understanding, or Contracts with public safety agencies to substantiate your role as a direct service-provider for public safety communications. Carmel City Ordinance 6-5 provides, "The City may establish, maintain, and operate a police and law enforcement system to preserve public peac'e and order and may provide facilities and equipment for that system. "