Resolution 2022-115 Mutual Aid AgreementRESOLUTION 2022-115
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
FERNANDINA BEACH, FLORIDA, AUTHORIZING A COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT WITH JACKSONVILLE BEACH, ATLANTIC
BEACH, NEPTUNE BEACH, GREEN COVE SPRINGS, ST. AUGUSTINE AND
ST. AUGUSTINE BEACH POLICE DEPARTMENTS; AUTHORIZING
EXECUTION; PROVIDING FOR FILING OF THE AGREEMENT WITH THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT; AUTHORIZING
EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, law enforcement agencies have the authority under Section 23.12, Florida
Statutes, (The Florida Mutual Aid Act) to enter into a combined mutual aid agreement for law
enforcement services which permits voluntary cooperation and assistance of a routine law enforcement
nature across jurisdictional lines, and provides for rendering of assistance in a law enforcement
emergency; and
WHEREAS, the City of Fernandina Beach Police Department and the Jacksonville Beach,
Atlantic Beach, Neptune Beach, Green Cove Springs, St. Augustine and St. Augustine Beach Police
Departments desire to enter into a mutual aid agreement; and
WHEREAS, the City Commission previously approved this agreement via Resolution 2017-
131 for a five-year expiring September 30, 2022; and
WHEREAS, the City Commission of the City of Fernandina Beach has deemed it to be in the
best interest of the citizens of Fernandina Beach, Florida to enter into a new Mutual Aid Agreement
pursuant to Section 23.12, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
FERNANDINA BEACH, FLORIDA, THAT:
SECTION 1. The City Commission hereby approves the Mutual Aid Agreement, attached
hereto as Exhibit "A", between the City of Fernandina Beach Police Department and Jacksonville
Beach, Atlantic Beach, Neptune Beach, Green Cove Springs, St. Augustine and St. Augustine Beach
Police Departments for a period of five years beginning upon execution of said Agreement.
SECTION 2. The City Manager and City Clerk are hereby authorized to execute all
documentation pertaining to the agreement, upon review and approval by the City Attorney.
SECTION 3. The City Clerk is hereby directed to file a copy of the agreement with the Florida
Department of Law Enforcement within 14 days of execution, pursuant to Section 23.1225(4).
SECTION 4. This Resolution shall take effect immediately upon passage.
ADOPTED this 5`" day of July, 2022.
ATTEST:
CAROLINE BEST
City Clerk
CITY OF FERNANDINA BEACH
*_"�w Z,,c
MICHAEL A. LEDNOVICH
Mayor -Commissioner
APPROVED AS TO FORM & LEGALITY:
TAMMI E. BACH
City Attorney
Resolution 2022-115
Exhibit "A"
COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS THE UNDERSIGNED LAW ENFORCEMENT AGENCIES AS LISTED 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;
(1) CONTINUING, MULTI -JURISDICTIONAL CRIMINALACTIVITY, SO AS TO PROTECT
THE PUBLIC PEACE AND SAFETY, AND PRESERVE THE LIVES AND PROPERTY '
OF THE CITIZENS; AND,
(2) INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL, OR
MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34;
FLORIDA STATUTES; AND,
WHEREAS, THE FERNANDINA BEACH POLIC E DEPARTMENT, THE JACKSONVILLE BEACH POLICE r
DEPARTMENT, THE ATLANTIC BEACH POLICE DEPARTMENT, THE NEPTUNE BEACH POLICE C }� 4
DEPARTMENT, THE GREEN COVE SPRINGS POLICE DEPARTMENT, A u j l,6}
E) RTME4T, AND SAINT AUGUSTINE BEACH POLICE DEPARTMENT HAVE THE AUTHORITY
UNDER SECTION 23.12, FLORIDA STATUTES, et seq., THE FLORIDA MUTUAL AID ACT, TO ENTER
INTO A COMBINED MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICEWHICH
(1) PERMITS VOLUNTARY COOPERATION AND ASSISTANCE OF A ROUTINE LAW
ENFORCEMENT NATURE ACROSS JURISDICTIONAL LINES;AND,
(2) PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT
EMERGENCY.
NOW, THEREFORE, THE UNDERSIGNED PARTIES AGREE AS FOLLOWS:
SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION
EACH OF THE UNDERSIGNED LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER
INTO THIS 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, I
SEX OFFENSES, ROBBERIES, BURGLARIES, THEFTS, GAMBLING. MOTOR VEHICLE THEFTS,
CONTROLLED SUBSTANCES VIOLATIONS, DUI VIOLATIONS AND WITH BACKUP SERVICES
DURING PATROL ACTIVITIES, SCHOOL RESOURCE OFFICERS ON OFFICIAL DUTY OUT OF
THEIR JURISDICTION, SCHOOL SAFETY OFFICERS ENFORCING LAWS WITHIN 1000 FEET OF A
SCHOOL, AND ENTER -AGENCY TASK FORCES AND10R JOINT INVESTIGATIONS.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH OF THE. AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER
INTO THIS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER LAW
ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT NOT NECESSARILY BE LIMITED
70, DEALING WITH CIVIL DISTURBANCES, LAW ENFORCEMENT EMERGENCIES, LARGE
PROTEST DEMONSTRATIONS, PRE -PLANNED SPECIAL EVENTS, AIRCRAFT DISASTERS, FIRES,•
HURRICANES, TORNADOES OR OTHER WEATHER-RELATED CRISES, SPORTING EVENTS,
CONCERTS, PARADES, ESCAPES FROM DETENTION FACILITIES, AND INCIDENTS REQUIRING
UTILIZATION OF SPECIALIZED UNITS.
SECTION ISI: PROCEDURE FOR REQUESTING ASSISTANCE:
1N THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF 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 AUTHORIZES] 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 H EISHE DEEMS APPROPRIATE
THE AGENCY HEAD IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED MAY
DETERMINE WHO IS AUTHORIZED TO LEND ASSISTANCE IN HISMER JURISDICTION, FOR HOW
LONG SUCH ASSISTANCE IS AUTHORIZED AND FOR WHAT PURPOSE SUCH AUTHORITY IS
GRANTED. THIS AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN WRITING AS THE
PARTICULAR SITUATION DICTATES.
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL
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. I
CONFLICTS: WHENEVER AN OFFICER, DEPUTY SHERIFF OR OTHER APPOINTEE 1S
RENDERING ASSISTANCE PURSUANT TO THIS AGREEMENT, THE OFFICER, DEPUTY SHERIFF
OR APPOINTEE SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND REGULATIONS,
PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF
HIS/HER OWN EMPLOYING AGENCY. IF ANY SUCH 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
REQUESTING AGENCY, THEN SUCH RULE, REGULAMCN, PERSONNEL POLICY, GENERAL ORDER
OR PROCEDURE SHALL CONTROL AND SHALL SUPERSEDE THE DIRECT ORDER.
IN THE EVENT ANY ONE OR MORE OF THEUNDERSIGNED LAW ENFORCEMENT AGENCIES ARE AT
ANY TIME, WHETHER PRIOR TO OR SUBSEQUENT TO THE DATE OF THIS AGREEMENT, A PARTY
TO ANY OTHER AGREEMENTS REGARDING THE SAME OR A SIMILAR SUBJECT MATTER AS THIS
AGREEMENT, THIS AGREEMENT SHALL HE DEEMED SUPPLEMENTAL TO SUCH OTHER
AGREEMENT. IN THE EVENT OF CONFLICTS BETWEEN SUCH AGREEMENTS AND THIS
AGREEMENT, THE OTHER AGREEMENTS SHALL CONTROL. THIS PROVISION SHALL APPLY
REGARDLESS OF WHETHER SUCH AGREEMENTS ARE ENTIRELY BETWEEN PARTIES TO THIS
AGREEMENT OR INCLUDE OTHER LAW ENFORCEMENT AGENCIES.
HANDLING COMPLAINTS: WHENEVER THERE IS CAUSE TO BELIEVE THAT A COMPLAINT ,
HAS ARISEN ASA RESULT OFA COOPERATIVE EFFORT AS IT MAY PERTAIN TO THIS
AGREEMENT. THEAGENCY HEAD OR HISME=R DESIGNEE OF THE REQUESTING AGENCY SHALL
BE RESPONSIBLE FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A
MINIMUM:
1. THE IDENTITY OF THECOMPLAINANT.
2 AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED.
3. THE SPECIFIC ALLEGATION.
4. THE IDENTITY OF THE EMPLOYEES ACCUSED WITHOUT REGARDS AS TO
AGENCY AFFILIATION,
IF R IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING AGENCY, THE
Page 2 of 7
ABOVE INFORMATION, WTTH ALL PERTINENT DOCUMENTATION GATHERED DURING THE
RECEIPT AND PROCESSING OF THE COMPLAINT, SHALL BE FORWARDED WITHOUT DRAY TO,
THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE ASSISTING AGENCY FOR ADMINISTRAi vE,
REVIEW. THE REQUESTING AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO
DETERMINE IF ANY FACTUAL BASIS FOR THE COMPLAINT EXISTS ANDIOR WHETHER ANY OF
THE EMPLOYEES OF THE REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S POLICIES
OR PROCEDURES_
Page 3 of 7
SECTION V: LMILITY
EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION AND ASSISTANCE. PURSUANT TO
THIS AGREEMENT, AGREES TO ASSUME RESPONSIBILITY FOR THE ACTS, OMISSIONS, OR
CONDUCT OF SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH AID
PURSUANT TO THIS AGREEMENT, SUBJECTTO THE PROVISIONS OF SECTION 76828, FLORIDA ,
STATUTES, WHERE APPLICABLE.
SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. EMPLOYEES OF THE UNDERSIGNED AGENCIES, WHEN ACTUALLY ENGAGING IN
MUTUAL COOPERATION AND ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL LIMITS BUT
INSIDE THIS STATE, UNDER THE TERMS OF THIS 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 EMPLOYEE WAS PERFORMING DUTIES INSIDE,
THE EMPLOYEES POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED.
b. EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT,
RESOURCES, AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER PARTY TO THE
AGREEMENT AS SET FORTH ABOVE, PROVIDED, HOWEVER, THAT NO PARTY SHALL BE
REQUIRED TO DEPLETE UNREASONABLY ITS OWN PERSONNEL, EQUIPMENT, RESOURCES,
FACILITIES, AND SERVICES IN FURNISHING SUCH MUTUAL Alp.
C. A POLITICAL SUBDIVISION 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. THE AGENCY FURNISHING AND PURSUANT TO THIS AGREEMENT SHALL
COMPENSATE ITS APPOINTEESIEMPLOYEES 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 OR DUE FOR
COMPENSATION DUE TO PERSONAL INJURY OR DEATH WHILE SUCH EMPLOYEES ARE
ENGAGED IN RENDERING SUCH AID.
e. THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES, AND ALL PENSION,'INSURANCE, RELIEF, DISABILITY, WORKERS'
COMPENSATION SALARY, DEATH AND OTHER BENEFITS THATAPPLY TO THE ACTIVITY OF AN
EMPLOYEE OF AN AGENCY WHEN PERFORMING THE EMPLOYEE'S DUTIES WITHIN THE �
TERRITORIAL LIMITS OF THE EMPLOYEE'S AGENCY APPLY TO THE EMPLOYEE TO THE SAME
DEGREE, MANNER, AND EXTENT WHILE ENGAGED IN THE PERFORMANCE OF THE
EMPLOYEE'S DUTIES EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS MUTUAL AID
AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID,
VOLUNTEER, AND AUXILIARY EMPLOYEES.
f. NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM
REQUESTING SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING AUTHORITY HAVING .
BUDGETING JURISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY 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 HERETO
TO THE OTHER.
Page 4 of 7
SECTION VII: 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
AGENCY REQUESTING ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL ASSISTANCE
AND THE SEIZING AGENCY IN THE CASE OF VOLUNTARY COOPERATION SHALL BE
RESPONSIBLE FOR MAINTAINING ANY FORFEITURE ACTION PURSUANT TO CHAPTER 932,
FLORIDA STATUTES: THE AGENCY PURSUING THE FORFEITURE ACTION SHALL HAVE THE
EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY TO MAINTAIN THE PROPERTY IN
ACCORDANCE WITH CHAPTER g32, FLORIDA STATUTES, TO INCLUDE, BUT NOT BE LIMITED TO,
THECOMPLETE DISCRETION TO BRING THE ACTION OR DISMISS THE ACTION.
b. ALL PROCEEDS FROM FORFEITED PROPERTY SSD 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 VIII: EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT UNDER EXECUTION AND APPROVAL BY THE
HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL
SEPTEMBER 30,2027- UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED, ;
AMENDED, OR EXTENDED EXCEPT IN WRITING.
SECTION IX: CANCELLATION
ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON DELIVERY OF
WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATION WILL BE AT THE
DIRECTION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THE PRESENTS TO BE SIGNED ON THE'
DATE SPECIFIED.
Page 5 of 7
Date L Martin City 9 MManager ark K/ •oxworth h e/ol' Porte
""g"° City of f emandina Beach Ft Fernandina Beach Police Department
or. 464&V xv
IhnaW IMrr. croun.ewt
Dow�2-
Data Date
S na tin ay Manager
f:r AtlaNrc/Beach Ft
Uale ►I
r
City of Ne tune Beach
1qlr�Z�
John RManager-- —
City of Sepo yusl ne FL
e'.'4 `'(' _
ViClor GwfiNo Chid of Police
Atlantic Beath Police Departmem
'J Z/ 2t
N60td le'pLs'af6h' Police Department
. 9/y/C�P
e r a!Ihc*fD.Fp..I'n'i,-n
oPoc
a,nl ug stns
Unto /
Aft
Max Royal, City milinager
City of Saint Augustine Beach. FL
S
Date
Mike taHopo . Cit r
City of Jacks ' We B a h. FL
Christine o n Mayor
City of Jacksonville Beach, FL
Date
Da el Carswell, Chief of Police
Sain Augustine Beach Police Department
Date
Gene Paul N Smith. Chief of Police
Jacksonville Beach Police Department
Date
O cA - o il� 2,Z --