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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: End of document]