Resolution No. 21-67RESOLUTION NO. 21-67
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING AN AMENDED
AND RESTATED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW
ENFORCEMENT MUTUAL AID AGREEMENT WITH THE SCHOOL BOARD OF DUVAL COUNTY
FLORIDA AND DUVAL COUNTY PUBLIC SCHOOLS POLICE DEPARTMENT FOR UP TO A TWO
YEAR PERIOD, AUTHORIZING ATLANTIC BEACH POLICE OFFICERS, AS INDEPENDENT
CONTRACTORS, TO PROVIDE LAW ENFORCEMENT AND OPERATIONAL ASSISTANCE AT
ATLANTIC BEACH ELEMENTARY SCHOOL.
WHEREAS, the School Board of Duval County Florida ("DCSB") and the Duval County Public
Schools Police Department("DCPSPD") have requested the Atlantic Beach Police Department("ABPD")to
provide law enforcement assistance at Atlantic Beach Elementary School; and
WHEREAS, local law enforcement may provide such assistance in accordance with the Mutual Aid
Act, Chapter 23, Part 1, Florida Statutes and Section 1006.12(2)(c), Florida Statutes; and
WHEREAS, the Police Chief, City Manager and City Finance Director have reviewed the proposed
Amended and Restated Voluntary Cooperation and Operational Assistance Law Enforcement Mutual Aid
Agreement and find it acceptable; and
WHEREAS, ABPD officers who provide services to the DCPSPD shall be considered independent
contractors to the DCPSPD, and compensation to such officers shall not flow through the City's financial
accounts, and shall not constitute compensation by the City nor have any effect to such officers' pension
benefits.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida, as
follows:
SECTION 1. The City Commission hereby approves the Amended and Restated Voluntary
Cooperation and Operational Assistance Law Enforcement Mutual Aid Agreement ("Mutual Aid
Agreement") as set forth in Exhibit A, attached hereto and made a part hereof.
SECTION 2. The City Manager and Public Safety Director (Police Chief) are hereby authorized to
execute the attached Mutual Aid Agreement and such other documents as may be necessary to effectuate
the purpose of this Resolution.
SECTION 3.This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED by the City of Atlantic Beach, this of, day of O , 2021.
EII riser, Mayor
Attest:
AalVa'Ykr I-et.ee
Donna L. Bartle, City Clerk
Approved as to form and correctness:
r"
Br-nna . Dur ity Attorney
01557816-I
Exhibit A
10-25-21 Commission Minutes
AMENDED AND RESTATED VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT
This Amended and Restated Voluntary Cooperation and Operational Assistance Law
Enforcement Mutual Aid Agreement (this "Agreement") is made as of the_day of October,
2021, by and between the City of Atlantic Beach, Florida ("City"), a municipal corporation, for
and on behalf of the Atlantic Beach Police Department ("ABPD") and the School Board of Duval
County Florida (the "School Board"), a political subdivision of the State of Florida, for and on
behalf of the Duval County Public Schools Police Department ("DCPSPD").
WITNESSETH:
Whereas, ABPD and DCPSPD are so located in relation to each other that it is to the
advantage of each to receive and extend mutual aid in the form of law enforcement services
and resources to adequately respond to continuing, multi-jurisdictional law enforcement
problems, so as to protect the public peace and safety, and preserve the lives and property
of the citizens;
Whereas, the DCPSPD and the ABPD have the authority under the Mutual Aid Act, Chapter 23,
Part I, Florida Statutes, and section 1006.12(2)(c), Florida Statutes, to enter into a mutual aid
agreement for law enforcement services which permits voluntary cooperation and operational
assistance of routine law enforcement nature across jurisdictional lines;
Whereas, the DCPSPD and the ABPD did enter into that certain Voluntary Cooperation Law
Enforcement Mutual Aid Agreement dated as of July 1, 2019 and now desire to amend and
restate that agreement in its entirety so that it is fully superseded and replaced by the terms
and conditions set forth in this Agreement; and
Whereas, the aforesaid law enforcement agencies, City and School Board may individually
be referenced as "the agency" and collectively be referred to as "the parties" or "agencies";
and,
Whereas, the "Amended and Restated Voluntary Cooperation and Operational Assistance Law
Enforcement Mutual Aid Agreement" will be herein referred to as "this Agreement".
Now, therefore, the parties agree as follows:
SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE
The parties mutually hereby approve and enter into the Agreement whereby each of the
agencies may request and render law enforcement assistance to the other in dealing with any
violations of Florida Statutes to include, but not necessarily be limited to, investigating
homicides, sex offenses, robberies, burglaries, thefts, gambling, motor vehicle thefts,
controlled substances violations, DUI violations, and civil traffic infractions. In addition, by
execution of this agreement, each of the agencies may request and render law enforcement
assistance with special events, civil disturbances, sporting events, emergencies, disasters
natural or man-made), inter-agency task forces, and/or joint investigations, and assistance
with tactical operations. This Agreement shall not extend police powers beyond the specific
Exhibit A
10-25-21 Commission Minutes
additional authority granted in Chapter 23, Florida Statutes, and the parties, respective police
officers and authority approved herein are limited to those instances where the subject matter
of the law enforcement assistance originates within the municipal limits of the City of Atlantic
Beach.
The Agreement is not to be interpreted or construed, in any way, for either party to transferto, or
for either party to assume, the law enforcement services provided by the other agency that is
a party to this Agreement.
SECTION II. PROCEDURES FOR REQUESTING ASSISTANCE
In the event that a party to this Agreement is in need of law enforcement assistance as set
forth above, an authorized representative of the agency requesting assistance shall notify
the agency head or his/her designee from whom such assistance is requested. The
agency head or authorized agency representative whose assistance is sought shall
evaluate the situation and the agency's available resources, consult with his/her
supervisors if necessary and will respond in a manner he/she deems appropriate.
The agency head in whose jurisdiction assistance is being rendered may determine who is
authorized to lend assistance in his/her jurisdiction, for how long such assistance is
authorized, when such assistance in whole or part may terminate, and for what purpose such
authority is granted. This authority may be granted either verbally or in writing as the particular
situation dictates.
Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for
matters of a routine nature, such as traveling through the jurisdiction on routine business,
attending a meeting or going to or from work, or transporting a prisoner, and a violation of
Florida Statutes occurs in the presence of said party, representing his/her respective agency,
he/she only shall be empowered to render enforcement assistance and act in accordance
with Florida law. Should enforcement action be taken, said party shall notify agency having
normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any
assistance requested including, but not limited to, a follow-up written report documenting the
event and the actions taken. This provision so prescribed in this paragraph is not intended to
grant general authority to conduct investigations, serve warrants and/or subpoenas or to
respond without request to emergencies already being addressed by the agency or normal
jurisdiction, but is intended to address critical, life-threatening or public safety situations,
prevent bodily injury to citizens, or secure apprehension of criminals whom the law
enforcement officer may encounter.
Officers assigned to task force operations pursuant to this Agreement who observe a violation
of Florida Statutes in their presence shall be empowered to render enforcement assistance
and take enforcement action in accordance with Florida law.
No officer shall be empowered under this agreement to operate in the other agency's
jurisdiction without prior approval of the agency head having normal jurisdiction. The
DCPSPD will notify the ABPD prior to such action if prior notice is reasonably possible under
the circumstances. This includes investigating statutory violations and rendering enforcement
actions, as necessary. The agency head's decision in these matters shall be final.
Exhibit A
10-25-21 Commission Minutes
SECTION III. REPORTING ACTS THAT POSE A THREAT TO SCHOOL SAFETY
A. The DCPSPD and the ABPD are parties to that certain "Interagency Agreement
Regarding Sharing Information about Juvenile Offenders" dated effective July 22,
2019. This Interagency Agreement provides for a coordinated effort among agencies
and staff to implement the provisions of sections 985.04(1)(c), F.S., and provides for
the release of personally identifiable information without the consent of the student or
the student's parents pursuant to section 1002.221(2)(c), F.S. This Section III is
governed by those provisions of the Interagency Agreement that provide for the
DCPSPD and the ABPD to cooperate in the dissemination of information relating to
students, and the requirement that the parties comply with all state and/or federal laws
related to confidentiality, records use, security, dissemination, and
retention/destruction, including consequences for violation of law.
B. In order to report acts that pose a threat to school safety pursuant to section 1006.13,
F.S., the DCPSPD shall obtain written reports from Duval County Public Schools (the
School District") and provide such reports to the ABPD. The School District annually
adopts its code of student conduct(elementary and secondary) for students within the
jurisdiction of the School District, and such annually adopted codes of student conduct
identify acts of students required to be reported to law enforcement. In addition to the
foregoing, the DCPSPD shall report to ABPD any similar conduct of acts that pose a
threat to school safety if committed by adults who are not otherwise subject to the
jurisdiction of the School District's codes of student conduct.
C. The School District has adopted Board Policy 5.28 ("Zero Tolerance for School-Related
Crimes"), which requires School District principals to inform all school personnel of their
responsibilities regarding the reporting of a threat to school safety and the required
consultation with law enforcement (whether the DCPSPD or the ABPD, whomever
receives the initial report). In order to ensure communication between each law
enforcement agency of acts that pose a threat to school safety, the DCPSPD shall provide
its reports to the ABPD no less frequently than weekly, and the ABPD shall provide its
report to the DCPSPD no less frequently than weekly. Each agency shall designate a
person responsible for receiving each weekly report and implement written directives
within each agency as necessary to accomplish the reporting required by section 1006.13,
F.S.
SECTION IV. Command and Supervisory Responsibility
The personnel and equipment that are assigned by the assisting agency head shall be under
the immediate command of a supervising officer designated by the assisting agency head.
Such supervising officer shall be under the direct supervision and command of the agency
head or his/her designee of the agency requesting assistance.
SECTION V. CONFLICTS
Whenever an officer of an agency is rendering assistance pursuant to this Agreement, the
officer or appointee shall abide by and be subject to the rules and regulations, personnel
policies, general orders and standard operating procedures of his/her agency that he/she is
employed by. If anyrule, regulation, personnel policy, general order or standard operating
procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior
Exhibit A
10-25-21 Commission Minutes
officer of the requesting agency, that is a party to this Agreement, the rule, regulation,
personnel policy, general order or procedure for the assisting law enforcement officer's agency,
that employs him or her, shall control and supersede the direct order of the requesting agency.
SECTION VI. HANDLING COMPLAINTS
Whenever there is cause to believe that a complaint has arisen relating to the cooperative effort
of an officer providing assistance pursuant to this Agreement, the agency head or his/her
designee of the agency receiving the complaint shall be responsible for the documentation of
the complaint to ascertain, at a minimum:
A. The identity of the complainant,
B. Contact information for the complaining party,
C. The specific allegation(s), and
D. The identity of the employees accused without regard as to agency affiliation.
If it is determined that the accused is an employee of the assisting agency, the above referenced
information, with all documentation concerning the complaint, shall be forwarded, without
delay, to the agency head or his/her designee of the assisting agency for administrative
review. The requesting agency may conduct a review of the complaint to determine if a
factual basis for the complaint exists and/or whether any of the employees of the requesting
agency violated any of their agency's policies procedures.
SECTION VII. POWERS, PRIVILEGES, IMMUNITIES AND COSTS
A. Employees of the DCPSPD and the ABPD when actually engaging in mutual cooperation
and assistance outside of their respective jurisdictional limits of their agencies but inside
this state, pursuant to the terms of the Agreement, shall, pursuant to the provisions of
section 23.127(1), F.S., have the same powers, duties, rights, privileges and immunities
as if the officer was performing duties inside the officer's jurisdiction in which he/she
is normally employed.
B. The parties agree to furnish necessary personnel, equipment, resources and facilities
and to render services to the other party to this Agreement as set forth above;
provided, however, that no party shall be required to deplete its own personnel,
equipment, resources, facilities, and services in furnishing such aid.
C. A party herein that furnishes equipment pursuant to this Agreement must bear the cost of
loss or damage to that equipment and must pay any expense incurred in the operation
and maintenance of that equipment.
D. Except as set forth in Section IX.B:
a. The agency furnishing aid, pursuant to this Agreement, shall compensate its
officers and appointees/employees during the time such aid is rendered and shall
defray the actual travel and maintenance expenses of its employees while they are
rendering such aid, including any amounts paid for compensation due to personal
injury or death whilethe officer is engaged in providing aid.
Exhibit A
10-25-21 Commission Minutes
b. However, the requesting agency may compensate the assisting agency during the
time of the rendering of such aid and may defray the actual travel and maintenance
expenses of such employees while they are rendering such aid, including any
amounts paid or due for compensation as a result of personal injury or death while
such employees are rendering aid pursuant to this Agreement.
E. The privileges and immunities from liability, exemption from laws, ordinances andrules
and all pension, insurance, relief, disability, worker's compensation, salary, death and
other benefits that apply to the activity of an officer of the agency when performing the
officer's duties within the jurisdictional boundaries of the officer's agency shall apply to
the officer to the same extent while engaged in the performance of the officer's duties
pursuant to this Agreement. The provisions of this Subsection shall apply with equal
effect to paid; volunteer, and auxiliary employees.
F. Nothing in this Agreement shall prevent the assisting agency that has provided law
enforcement services from requesting appropriations from the governing authority
having budgeting jurisdiction to reimburse the assisting agency for the actual costs or
expenses incurred by the assisting agency performing hereunder.
G. Nothing in this Agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one party to the other.
SECTION VIII. FORFEITURE PROVISIONS
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft,
currency or other property pursuant to the Florida Contraband Forfeiture Act during the
performance of this Agreement, the seizing agency in the case of voluntary cooperation
shall be responsible for maintaining any forfeiture action and shall have the exclusive
right to control and the responsibility to maintain the property in accordance with
Chapter 932, F.S., to include, but not be limited to, the complete discretion to bring the
action or dismiss the action or settle the action.
B. All proceeds from forfeited property seized as a result of or in accordance with this
Agreement shall be divided equally between the parties, less the costs associated with
the forfeiture action.
SECTION IX. OUTSIDE EMPLOYMENT AND RESPONSIBILITIES OF THE PARTIES
A. DCPSPD and ABPD authorize ABPD sworn law enforcement officers to voluntarily
work outside employment as aid for DCPSPD at the Atlantic Beach Elementary School
ABES") (#65, 298 Sherry Drive, Atlantic Beach, FL 32233) when off-duty from their
otherwise scheduled ABPD employment. This outside employment with the DCPSP
is specifically designated for in Section 1006.12, F.S. and the "Marjory Stoneman
Douglas High School Public Safety Act" until a time when the DCPSP has sufficient
employed law enforcement officers to serve at school sites within Duval County and
subject to the provisions of this Agreement.
The parties agree:
Exhibit A
10-25-21 Commission Minutes
a. That neither party shall be responsible for investigating non-criminal violations of student
conduct.
b. To comply with all state and federal laws, directives, practices, orders, and the written
policies of the parties raised at the pertinent time.
c. To be responsible for the handling of all complaints against their own employees, to
include conducting use of force investigations.
B. Responsibilities of DCPSPD/the School Board.
DCPSPD agrees:
a. To respond to calls for service which occur on the ABES school grounds. If a
DCPSPD unit is not available via dispatch, DCPSPD will assign ABPD to the call.
b. To conduct investigative follow-up for all criminal violations except homicide, sexual
battery, and bomb threat investigations that occur on the ABES school grounds.
The School Board agrees:
a. For the School Board's Fiscal Years 2021-2023 (July 1, 2021 — June 30,2022 and
July 1, 2022—June 30, 2023). To completely compensate assigned ABPD officers
for their outside employment hours assigned and worked for the DCPSPD,
including but not limited to, salary and fringe benefits for both on-duty and overtime
assignment by DCPSPD at the rate of fifty-five dollars per hour($55.00/hour) during
any regular school day, which shall include pre-employment training. For purposes
of this Agreement, a "regular school day" is defined as a weekday in which school
is in regular session, and not include: afterschool activities, recess days, legal
holidays, teacher planning days, or summer days. The School Board shall directly
compensate the assigned ABPD officers such compensation every two weeks
following the ABPD submission to the DCPSPD of the associated hours worked.
b. The facilities in need of assistance of no more than one (1) ABPD officer assigned
as a DCPSPD officer in school fiscal year 2021-22 are no more than: Atlantic Beach
Elementary School (#65, 298 Sherry Drive, 32233). This determination is subject
to amendment on proximately August 1, 2022 based upon the personnel needs of
DCPSPD and the written approval by the City Manager of Atlantic Beach and Chief
of the ABPD.
C.Responsibilities of ABPD.
The ABPD agrees:
a. To ensure that all ABPD officers assigned for outside employment hereunder will
execute a DCPS Vendor Application and W-9 (i.e., Request for Taxpayer
Identification Number and Certification) and have completed DCPSPD Orientation
and mental health crisis intervention training (i.e., pre-employment training), as
specified in Section 1006.12, F.S., prior to their assignment to DCPSPD.
b. To provide a high visibility presence at ABES on all regular school days for the
protection and safety of school personnel, property, students and visitors.
Exhibit A
10-25-21 Commission Minutes
c. To work cooperatively with school administration at ABES.
d. To supervise its assigned ABPD officers assigned to outside employment
hereunder via the DCPSPD chain of command.
e. To be entitled to associated compensation for ABPD officers only upon the
attendance and performance of assigned responsibilities at ABES.
f. To remove ABPD officers assigned to DCPSPD upon discretionary request by
DCPSPD without further compensation, except for work performed prior to the
request, or delay.
SECTION X. LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this Agreement,
agrees to assume responsibility for the acts, omissions or conduct of the party's employee(s)
while engaged in providing the aid, pursuant to the Agreement subject to the provisions of
sections 440.091(1) and 768.28, F.S., where applicable.
SECTION XI. LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the means
specified in Section 768.28(15)(a), F.S., in an amount which is, in the judgment of the governing
body of that party, at least adequate to cover the risk to which that party may be exposed. Should
the insurance coverage, however provided, of any party be canceled or undergo material change,
that party shall notify all parties to this Agreement of such change within ten (10) days of receipt
of notice or actual knowledge of such change.
SECTION XII. PUBLIC RECORDS
The respective parties acknowledge that the agencies are subject to and must comply with
the Public Records laws of Florida, pursuant to Chapter 119, F.S., and applicable statutory
exemptions, including without limitation, the requirements to maintain and provide public
records pursuant to Section 119.07, F.S. IF ANY PARTY WHO HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT ABPD
CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5867, EMAILED TO
GMCGLYNN@COAB.US OR MAILED TO 850 SEMINOLE ROAD,
ATLANTIC BEACH, FL 32233 OR THE CUSTODIAN OF PUBLIC
RECORDS FOR DCPSPD AT (904) 390-2407, EMAILED TO
PRR(a.DUVALSCHOOLS.ORG, OR MAILED TO DUVAL COUNTY
PUBLIC SCHOOLS — POLICY AND COMPLIANCE, 1701
PRUDENTIAL DRIVE, JACKSONVILLE, FL 32207.
SECTION XIII. AMENDMENT
Exhibit A
10-25-21 Commission Minutes
This Agreement may be amended, renewed or extended only by written instrument executed
by the parties hereto.
SECTION XIV. SEVERABILITY
If any provision, within this Agreement, is contrary to any state statutory provision and is
deemed illegal or unenforceable by a court of competent jurisdiction, said provision will be
separable and the remainder of this Agreement will continue in full force and effect,
notwithstanding the invalidity of the illegal or unenforceable provision.
SECTION XV. ENTIRE AGREEMENT
Theis Agreement contains the entire Agreement between the parties and supersedes any
and all prior agreements and understandings whether written or oral, between the parties
relating to the subject matter of this Agreement.
SECTION XVI. EFFECTIVE DATE AND TERM
This Agreement as Amended shall be effective upon the approval and execution by all parties
hereto. This Agreement will continue and be effective through June 30, 2023, unless terminated
prior thereto.
SECTION XVII. NOTICES.
Any notice given pursuant to this Agreement shall be in writing, by hand delivery or by pre-paid
certified mail (return, receipt requested), and shall be effective upon delivery. All notices shall
be addressed as follows:
If to the Duval County Public Schools Police Department:
Duval County Public Schools Police Department
Attn: Executive Director
do 1701 Prudential Drive, 6th Floor
Jacksonville, Florida 32207
If to the Atlantic Beach Police Department:
Atlantic Beach Police Department
Attn: Chief
850 Seminole Road
Atlantic Beach, Florida 32233
With copy to:
City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
SECTION XVIII. DELIVERY
Within fourteen (14) days of execution of the Agreement, the Duval County Public Schools
Exhibit A
10-25-21 Commission Minutes
Police Department shall deliver to the Florida Department of Law Enforcement a copy of this
Agreement, as required by section 23.1225(4), F.S.
SECTION. XIX. CANCELLATION
A party may choose to cancel, in its sole discretion, its participation in this Agreement at
any time by providing written notice to the agency head or designee of the
non-cancelling agency and, in such event, this Agreement shall be
terminated ninety (90) days after receipt of said written notice.
IN WITNESS WHEREOF, the parties hereto have caused this foregoing Amended and
Restated Voluntary Cooperation and Operational Assistance Law Enforcement Mutual Aid
Agreement to be signed on the date indicated.
Signatures found on next page]
Exhibit A
10-25-21 Commission Minutes
Signature page to Amended and Restated Voluntary Cooperation and Operational Assistance Mutual Aid Agreement with
Atlantic Beach Police Department]
Form Approved as to the
ATTEST: SCHOOL BOARD OF DUVAL COUNTY,
FLORIDA
By: By:
Dr. Diana L. Greene, Superintendent Elizabeth Andersen, Chairman
Of Schools and Ex-Officio Secretary Duval County School Board
to the Board
By:
Gregory C. Burton, Executive Director Date
Duval County Public Schools Police
Department
Form Approved:
Office of the General Counsel Date
CITY OF ATLANTIC BEACH, FLORIDA
By:
Shane Corbin, City Manager
Form Approved: Date:
By: By:
Brenna M. Durden, City Attorney Victor Gualillo, Chief of Police
Date: Date:
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