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Resolution No. 21-74 vRESOLUTION NO.21-74 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA APPROVING A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL AID AGREEMENT WITH THE JACKSONVILLE SHERIFFS OFFICE, NEPTUNE BEACH POLICE DEPARTMENT AND JACKSONVILLE BEACH POLICE DEPARTMENT, FOR UP TO A TWO-YEAR PERIOD, AUTHORIZING OFFICERS FROM EACH AGENCY TO PROVIDE LAW ENFORCEMENT SERVICE AND OPERATIONAL ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL BOUNDRIES. WHEREAS, the Jacksonville Sheriff's Office, Neptune Beach Police Department, Jacksonville Beach Police Department and the Atlantic Beach Police Department agree that there is a public safety benefit and operational necessity to share personnel and resources upon request; 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 and City Manager have reviewed the proposed Voluntary Cooperation and Operational Assistance Law Enforcement Mutual Aid Agreement and find it acceptable; and WHEREAS, Officers from the jurisdictions named in this agreement enter into, travel through and investigate crimes in these neighboring municipalities; and 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 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 Mayor, 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 22''day of NOV. , 2021. 6(e/177-- Ellen Glasser, Mayor Attest: os.eie. Donna L. Bartle,City Clerk Approved as to form and correctness: lA , i Bre a . Durde ty Attorney 01557816-I Exhibit A Resolution No. 21-74 VOLUNTARY LAW ENFORCEMENT COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITNESSETH This Voluntary Law Enforcement Cooperation and Operational Assistance, Mutual Aid Agreement, is entered into .by the Jacksonville Sheriff's Office, the Atlantic Beach Police Department, the Jacksonville Beach Police Department and the Neptune Beach Police Department, all of which are law enforcement agencies within Duval County,Florida,to address voluntary cooperation and assistance concerning law enforcement operations. Whereas,the referenced law enforcement agencies jurisdictions are located in relation to each other and it is to the advantage of the community and the law enforcement agencies to provide and receive mutual aid by providing law enforcement services to adequately respond to: 1) Continuing, multi-jurisdictional criminal activity, to protect the public peace and safety, and preserve the lives and property of citizens;and 2) Address natural or manmade disasters or emergencies as defined referenced in chapter 252,part I, Florida Statutes;and Whereas,the Jacksonville Sheriff's Office,the Atlantic Beach Police Department,the Jacksonville Beach Police Department and the Neptune Beach Police Department have the authority, pursuant to the Mutual Aid Act, Chapter 23, Part I, Florida Statutes,to enter into a mutual aid agreement for law enforcement services which: 1) Permits voluntary cooperation and assistance with regard to routine law enforcement operations across jurisdictional boundaries;and, 2) Addresses providing assistance relating to law enforcement operations in an emergency, Whereas, the Jacksonville Sheriffs Office and the undersigned law enforcement agencies, recognize that there is a need for the safety of the community for law enforcement officers to respond to those who commit violations of the law that are committed in the officers'presence and those who commit offenses within their respective jurisdictions, but are located in another jurisdiction within Duval County;and Whereas, the Jacksonville Sheriffs Office and the undersigned law enforcement agencies recognize that there is a need for a continuing multi-jurisdictional response to persons who commit traffic Infractions who are operating motor vehicles In violation of the traffic laws on the streets, roads or other traveled ways,including the right-of-way thereof,that are adjacent to, or 1lPage Exhibit A Resolution No. 21-74 from,the boundary between municipalities or between a municipality and the Consolidated City of Jacksonville. Now,therefore,the parties agree as follows: The Jacksonville Sheriff's Office ("the JSO"), the Atlantic Beach Police Department ("the ABPD") the Jacksonville Beach Police Department ("the JBPD") and the Neptune Beach Police Department ("the NBPD") are law enforcement agencies pursuant to section 943,10, Florida Statutes. The referenced law enforcement agencies will individually be referenced to as"the party/'or"the agency"and collectively be referred to as "the parties"or"agencies". The "Voluntary Law Enforcement Cooperation and Operational Assistance, Mutual Aid Agreement",will be referred to as"the Agreement," SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION The parties enter into the Agreement whereby the respective agencies may provide and request law enforcement assistance to or from an agency that is a party to the Agreement, for routine law enforcement services, to address a violations of Florida Statutes. The agencies may provide back-up law enforcement services during patrol activities and participate in inter-agency task forces and/or joint investigations. Further, the respective agencies may request and provide, law enforcement assistance to an agency, that is a party to the Agreement, to include, but not limited to, law enforcement incidents requiring utilization of specialized units and participate in inter-agency task forces and/or joint investigations, escapes from detention facilities, addressing civil disturbances, law enforcement emergencies, protest demonstrations, aircraft disasters, fire, weather-related incidents, sporting events,concerts,and parades. The Agreement is intended to address critical, life-threatening, public safety circumstances, prevent bodily injury to citizens or assist with the apprehension of criminals who the law enforcement officer encounters when immediate law enforcement intervention Is appropriate and necessary. The Agreements Is not to be interpreted or construed,in any way,for any agency to transfer to, or for any agency to assume,the law enforcement services provided by the other agency that is a party to the Agreement. 2lPage Exhibit A Resolution No. 21-74 SECTION U. PROVISIONS FOR OPERATIONAL ASSISTANCE The parties enter into this Agreement whereby the respective agencies may provide law enforcement assistance to another agency, who Is a party to the Agreement, to address a violation of Florida Statutes, pursuant to the following conditions: A. when an officer,who is on-duty, dressed in his/her agency police uniform with agency identification and assigned an agency motor vehicle,observes, In his or her presence,a violation of Florida Statutes. The officer is authorized to take law enforcement action,as a law enforcement officer for the agency,when travelling,outside of the officer's agency's jurisdictional boundary,when the officer is on-duty and engaged in his/her official duties for his/her agency, including but not limited to travel to and from the Duval County Courthouse, State Attorney's Office and any jail facility within Duval County. When the officer engages in law enforcement activities in response to a violation being committed in his/her presence, in another jurisdiction, within Duval County, the officer shall advise his/her agency and in response,the officers'agency shall immediately inform the agency in the jurisdiction in which the officer engaged in law enforcement activities. The officer providing law enforcement services,upon the arrival of an officer of the agency having Jurisdiction, with the authority of the agency with jurisdiction, may complete necessary acts, including the arrest or issuance of a citations) or will provide any assistance requested by the agency with jurisdiction, Including, but not limited to, preparing report(s) and citation(s). The officer shall not have any authority to engage in providing follow-up law enforcement services, outside of his/her jurisdiction,when his/her activities are completed with regard to the matter. Section Ii. A., is not intended to grant authority to conduct investigations, serve warrants, capiases, or subpoenas or to respond to an emergency without a request being made by the agency requesting assistance. B. When an officer, who is on-duty, dressed In his/her agency uniform with agency identification and assigned to an agency motor vehicle,observes a violation of Florida Statutes,will have Jurisdiction to take law enforcement action when the offense is committed on or about a contiguous way. A"contiguous way" is those streets, roads, or other travelled ways, including the rights of way, that are adjacent to or transform the boundary between municipalities or between the municipality and the consolidated City of Jacksonville. 31 Page Exhibit A Resolution No. 21-74 For the respective agencies, concurrent law enforcement authority shall exist for the enforcement of the Florida Statutes on a contiguous way or the rights of way. Section II.B.,does not authorize officers of the ABPD,the JBPD or the NBPD to conduct or operate radar or other traffic deployments outside their respective jurisdiction unless operating pursuant to a multi-agency task force consisting of the parties to the Agreement and operating within the jurisdiction of one of the participating parties. C. When an agency needs assistance,an agency,who is a party to the Agreement, may provide law enforcement services to the requesting agency,including, but not limited to,addressing law enforcement incidents requiring utilization of specialized units and inter-agency task forces and/or joint investigations,civil disturbances, law enforcement emergencies,the escape from a detention facilities, protest demonstrations,aircraft disasters,fires,weather related incidents,sporting events, concerts and parades. When the agency needs assistance, an authorized representative of the agency requesting assistance shall notify the agency head or his/her designee from whom the assistance is requested.The agency head or authorized agency representative, whose assistance is sought, shall evaluate the circumstances and determine the agency's available resources, consult with his/her supervisors,if necessary,and respond in a manner the agency deems appropriate. The agency head,in whose jurisdiction assistance is being rendered,may determine who is authorized to provide assistance in his/her jurisdiction; the duration of the assistance is authorized,and for the purpose for which the authority is granted.The authority granted may be oral or in writing,depending on the circumstances. D. When an officer of the ABPD, the JBPD or NBPD is investigating a felony or a misdemeanor which occurred within his/her jurisdiction and determines that there is probable cause to arrest an individual for a felony or misdemeanor, when the individual is located in another agency's jurisdiction. but within Duval County,the officer shall have the same authority to arrest the individual as the officer would ordinarily have within the political jurisdiction for which he/she is employed. All officers intending to affect a probable cause arrest or serve a warrant/capias, pursuant to section II, D., shall be on-duty, dressed in his/her agency uniform with agency identification and should, when possible, request the assistance of the JSO or the agency,with jurisdiction, where the arrest is to take place. However,failure to request assistance shall not affect the validity or legality of any arrest made pursuant to section II,D. Wage Exhibit A Resolution No. 21-74 if the offense is a misdemeanor, the officer may make a warrantless arrest, if the officer has probable cause and the arrest Is permitted by F.S., section 901.15. Warrantless misdemeanor arrests made pursuant to F.S, section 901.15 must be made immediately or in fresh pursuit of the subject. SECTION III. AUTHORITY OF LAW ENFORCEMENT OFFICERS OPERATING PURSUANT TO THIS AGREEMENT If a violation of the Florida Statutes Is committed subject to the conditions referenced within section II, the officer representing his/her agency shall have the authority to take appropriate law enforcement action including, but not limited to, arrest or citation of the offender or offenders. Officers of the ABPD,the JBPD and the NBPD,upon request by and within the jurisdiction of any other party of the Agreement, may enforce any local ordinance that may be enforced by the requesting agency. SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY The resources or facilities that are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting agency head, if the law enforcement service is provided by the JSO tactical unit including, but not limited to, the S.W.A.T. or Bomb Squad In response to a request by the ABPD,the JBPD, or the NBPD,the J5O officers in those tactical units shall be under the command and control of a ISO supervisor while the unit(s)are operating in Atlantic,Jacksonville or Neptune Beach. If the ISO requests assistance of a tactical unit of the ABPD, the JBPD or the NBPD, officers in those tactical units shall be under the command and control of a supervisor from the respective assisting agency while the unit is operating in the City of Jacksonville. SECTION V. POWERS,PRIVILEGES,IMMUNITIES AND COSTS A. Officers of the ABPD,the JBPD and the NBPD,when engaged in mutual cooperation and assistance outside of their Jurisdictional boundary,but inside Duval County, pursuant to the terms of the Agreement,shall,pursuant to the provisions of section 23.127(1),Florida Statutes,have the same powers,duties, rights,privileges and immunities as if the officer was performing duties inside the officer's political subdivision in which he/she Is employed. B. The parties agree to furnish necessary personnel,equipment,resources and facilities and to render services to another party to the Agreement as set forth 51P age Exhibit A Resolution No. 21-74 above; provided,however,that no party shall be required to deplete its own personnel,equipment,resources,facilities,and services In furnishing such aid. C. The agency furnishing aid, pursuant to the Agreement, shall compensate its officers and appointees/employees for all cost during the time the aid is provided and shall be responsible for, all cost, including, but not limited to,the actual travel and maintenance expenses of its officers while the officers are providing aid, including any amounts paid for compensation due to personal injury or death while the officer is engaged in providing aid. 0. An agency that furnishes equipment,pursuant to the Agreement, must bear the cost of the loss or damage to the equipment and must pay any expense incurred in the operation and maintenance of the equipment. E. The privileges and immunities from liability,exemption from laws, ordinances and rules and all pension,Insurance,relief,disability,worker's compensation, salary,death and other benefits that apply to the activity of an officer of an agency when performing the officer's duties within the jurisdictional boundaries of the officer's agency apply to the officer to the same extent while engaged in the performance of the officer's duties pursuant to the Agreement. The provisions of this section shall apply with equal effect to paid,volunteer, and auxiliary employees. F. Nothing in the Agreement shall prevent the assisting agency that has provided law enforcement services from requesting supplemental appropriations to reimburse the assisting agency for the actual costs or expenses Incurred by the assisting agency from the governing body for which law enforcement services were provided. G. Nothing In the 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 VI. CONFLICTS Whenever an officer is providing assistance, pursuant to the Agreement, the officer 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 any rule, regulation, personnel policy,general order or standard operating procedure is contradicted,contravened or otherwise in conflict with a direct order of a superior officer of the another agency,that is a party to the Agreement,the rule, regulation, personnel policy,general order or procedure for the law Wage Exhibit A Resolution No. 21-74 enforcement officer's agency, that employs him or her, shall control and supersede the direct order of the other agency. SECTION VII.ADDRESSING COMPLAINTS Whenever there is cause to believe that a complaint has arisen relating to the cooperative effort, 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. An address where the complaining party may be contacted. C. The specific allegation(s). D. The Identity of the officer(s)subject to the complaint, without regard to an agency affiliation. If it is determined that the accused Is an employee of 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 review. The agency receiving the complaint, 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 its' agency policies procedures. SECTION IX. PUBLIC RECORDS The respective parties acknowledge that their agency is subject to the Public Records provisions, pursuant to Chapter 119, Florida Statutes,and applicable statutory exemptions. SECTION X.LIABILITIY Each party engaging In any mutual cooperation and assistance, pursuant to the Agreement, agrees to assume responsibility for the acts, commissions or conduct of the party's employees while engaged in providing the aid pursuant to the Agreement, subject to the provisions of section 768.28,Florida Statutes,where applicable. SECTION XI. CANCELLATION Any party may cancel its participation in the Agreement by providing a minimum of thirty (30) days written notice to the head of the respective non-cancelling agencies or designee. Cancellation will be at the sole discretion of any party to the Agreement. 71Page Exhibit A Resolution No. 21-74 SECTION XII.AMENDMENT The Agreement may be amended by written instrument, acceptable to all of the respective parties,referenced in the Agreement. SECTION XIII, SEVERABILITY If any provision,within the Agreement,is contrary to any state statutory provision and is deemed illegal or unenforceable, said provision will be separable and the remainder of the Agreement will remain in full force and affect, notwithstanding the invalidity of the illegal or unenforceable provision. SECTION XIV.ENTIRE AGREEMENT The Agreement contains the entire Agreement between the respective parties and supersedes any and'all prior agreements and understandings whether written or oral, between the parties relating to the subject matter of the Agreement. SECTION XV. EFFECTIVE DATE AND TERM The Agreement shall be effective upon the approval and execution by the Sheriff,JSO,the ABPD, the JBPD and the NBPD. The Agreement will continue and be effective for two(2)years from the the execution of the Agreement by the last respective party to execute the Agreemnt. IN WITNESS WHEREOF, the parties hereto cause this foregoing Mutual Aid Agreement to be signed on the date' dicated. AI1i z/ Mike Williams,Sh riff Date Jacksonville Sheriff's Office,Duval County, Florida Pursuant to section 37.101 Jacksonville Municipal Code Victor Gualillo, Chief of Police Date Atlantic Beach Police Department Shane Corbin,City Manager Date City of Atlantic Beach, Florida Wage Exhibit A Resolution No. 21-74 Ellen Glasser,Mayor Date City of Atlantic Beach,Florida Gene Paul N.Smith,Chief of Police Date City of Jacksonville-fro', Florida 1 I.':. Aid! -ZAir'" ' i/i/r/gi Mike Staffop• los,Cit.ger;ger Date City of Ja. sonville Beach, Florida r4!' 1cle ) Christine Flo an,Mayor Date City of Jacksonville Beach,Florida iflIN Richard Pike,Chi of Police Date City of N••tune Beach,Florida dol a/442.014 S e ti nn,Cl.!Manager Date q.oepf n Beach,Florida 7t_..C.r ( 4..-. 1/ l --/Q2 Elaine Brown,Mayor Date City of Neptune Beach,Florida Form Appro -d as to the Jacksonville Sheriff's Office only r By: i a./ Ali `/ tks'... 7 Asst.General Counsel,Office of General Counsel, Approved as to form Pursuant to section 37.101, Jacksonville Municipal Code 91t)see