070907 - Item 8AAGENDA ITEM # 8A
JULY 9, 2007
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Mutual Aid Agreement with Jacksonville Sheriff's Office, Neptune
Beach, and Jacksonville Beach
DATE: June 29, 2007
SUBMITTED BY: David E. Th pson, Chief of Police/DPS
BACKGROUND:
The Atlantic Beach Police Department has had a Mutual Aid Agreement with the City of
Jacksonville and with other local police agencies for many years. This agreement is
essentially the same as the previous agreements, and it needs to be renewed due to the
expiration of the previous contract. The purpose of a mutual aid agreement is to establish
the authority and responsibilities of Police Officers who may be called upon to perform
law enforcement services while in other local jurisdictions i.e. Jacksonville, Neptune
Beach, and Jacksonville Beach.
Atlantic Beach Officers often work with other law enforcement agencies on
investigations that take them into other jurisdictions. On occasion, Atlantic Beach
Officers need to take law enforcement action when they observe law violations while in
other jurisdictions. This agreement provides the authority for Atlantic Beach officers to
pursue investigations and to enforce traffic, misdemeanor, and felony laws in the City of
Jacksonville, Neptune Beach, and Jacksonville Beach.
The agreement also provides a mutual relationship with Jacksonville, Neptune Beach,
and Jacksonville Beach Officers, and it allows their officers to perform law enforcement
functions while in the Gity of Atlantic Beach.
BUDGET: None
RECOMMENDATIONS: To approve the attached Mutual Aid Agreement between
Atlantic Beach, Jacksonville, Neptune Beach, and Jacksonville Beach.
ATTACHMENTS: Proposed Agreement
REVIEWED BY CITY MANAGER:
AGEND ITEM NUMBER:
AGENDA ITEM # 8A
JULY 9, 2007
MUTUAL AID AGREEMENT
COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY
COOPERATION AGREEMENT
WITNESSETH
WHEREAS, the jurisdiction of the Jacksonville Sheriffs Office, the Atlantic Beach Police
Department, the Jacksonville Beach Police Department, and the Neptune Beach Police Department
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)
intensive situations including but not limited to emergencies as defined under section 252.34(3),
F.S. and (2) continuing multi jurisdictional law enforcement problems, so as to protect the public
peace and safety, and preserve the lives and property of the people; and
WHEREAS, the Jacksonville Sheriffs Office, the Atlantic Beach Police Department, the
Jacksonville Beach Police Department, and the Neptune Beach Police Department have the
authority under Part I of Chapter 23, Florida Statutes (2006), the Florida Mutual Aid Act, to enter
into: (1) a requested operational assistance agreement for the requesting and rendering of assistance
in law enforcement intensive situations and emergencies, and (2) a voluntary cooperation
agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines:
Now, therefore, the Parties Agree as Follows:
Section I: Provisions for Operational Assistance
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 to dealing with civil disturbances, large protest demonstrations, aircraft
disasters, fires, natural or man-made disasters, sporting events, concerts, parades, escapes from
detention facilities, and incidents requiring utilization of specialized units.
Section II: Provisions for Voluntary Cooperation
In addition, each of the aforesaid law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies may also request and render law enforcement assistance to
the other in dealing with: (1) any violations of Florida law to include, but not be limited to,
homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts,
drug violations pursuant to Chapter 893 F.S., violations of the Florida Uniform Traffic Control Law;
(2) accidents involving motor vehicles; (3) violations of county and municipal ordinances; (4)
backup services during patrol activities; and (5) inter-agency task forces and/or joint investigations.
AGENDA ITEM # 8A
JULY 9, 2007
Section III• Procedure for Requesting_Assistance and Command and Supervisory Responsibilities
a. It is understood by all parties that the Jacksonville Sheriffs Office enjoys jurisdiction
throughout Duval County and within the cities of Atlantic Beach, Jacksonville Beach, and Neptune
Beach, and that said jurisdiction is not conditioned upon or pursuant to this agreement.
b. In the event that a party to this agreement is in need of assistance as set forth above, it
shall notify the agency head or his designee from whom such assistance is required. The agency
head or designee of the agency whose assistance is sought shall evaluate the situation and the
agency's available resources, consult with his or her supervisors if necessary and will respond in a
manner he or she deems appropriate. The agency head's or designee's decision in this regard shall
be final.
c. 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. Such
supervising officer shall be under the direct supervision and command of the agency head or his
designee of the agency requesting assistance. In the event the assistance of a Jacksonville Sheriff s
Office tactical unit such as the SWAT team or Bomb squad is requested by the Atlantic Beach
Police Department, the Jacksonville Beach Police Department, or the Neptune Beach Police
Department, the Jacksonville Sheriffs Office officers in those tactical units shall be under the
command and control of a Jacksonville Sheriffs Office supervisor while the unit(s) are operating in
Atlantic, Neptune, or Jacksonville Beach.
d. In the event the Jacksonville Sheriffs Office requests assistance of a tactical unit of the
Atlantic Beach Police Department, the Jacksonville Beach Police Department, or the Neptune
Beach Police Department, 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.
e. CONFLICTS: Whenever an officer, deputy sheriff, or other appointee is 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 is otherwise in conflict with
a direct order of a superior officer of the requesting agency, then such rule, regulation, personnel
policy, general order, or standard operating procedure of the assisting agency shall control and shall
supersede the direct order.
2
AGENDA ITEM # 8A
JULY 9, 2007
Section N• Authority Privileges Immunities and Costs
a. Authority of Law Enforcement Officers Operating Pursuant to this Agreement:
1 Members of the Atlantic Beach Police Department, the Jacksonville Beach Police
Department, and the Neptune Beach Police Department actually engaging in mutual cooperation
and assistance outside of the jurisdictional limits of their agency under the terms of this agreement,
shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties,
rights, responsibilities, privileges and immunities as if they were performing their duties in the
political subdivision in which they are normally employed.
2. In the event a violation of Florida Statutes should occur in the presence of said
officers representing their respective agencies in furtherance of this Agreement they shall be '
empowered to take appropriate enforcement action including, but not limited to, arrest or citation of
the suspect or suspects.
3. In the event a felony, misdemeanor, or traffic violation should occur in the presence
of an officer of the Atlantic Beach Police Department, Jacksonville Beach Police Department, or
Neptune Beach Police Department while he or she is outside his or her respective jurisdiction but
within Duval County, said officer shall be empowered to take appropriate enforcement action
including, but not limited to, arrest or citation of the suspect or suspects. This paragraph does not
authorize officers of the Atlantic Beach Police Department, Jacksonville Beach Police Department,
or Neptune Beach Police Department to conduct or operate radar or other traffic deployments
outside their respective jurisdictions.
4. In the event an officer of the Atlantic Beach Police Department, Jacksonville Beach
Police Department, or Neptune Beach Police Department who is investigating a felony or a
misdemeanor which occurred within his or her respective jurisdiction should develop probable
cause to arrest a suspect for that felony or misdemeanor when the suspect is located outside the
officer's jurisdiction, but within Duval County, the officer shall be empowered with the same
authority to arrest said suspect as the officer would have within the political subdivision in which
they are employed. An officer intending to effect a probable cause arrest pursuant to this paragraph
should, whenever possible, request the assistance of the Jacksonville Sheriffs Office or other
agency located in the jurisdiction within which the arrest is to take place. Failure to request such
assistance shall not, however, affect the validity or legality of any arrest made pursuant to this
paragraph. If the offense is a misdemeanor, the officer shall make a warrantless arrest only if such
arrest is permitted by Florida Statute 901.15. Warrantless misdemeanor arrests made pursuant to
Florida Statute 901.15 must be made immediately or in fresh pursuit.
5. Members of the Atlantic Beach Police Department, the Jacksonville Beach Police
Department, and the Neptune Beach Police Department may, upon request by and within the
jurisdiction of any other party to this agreement, enforce any local ordinance that may be enforced
by the requesting agency.
3
AGENDA ITEM # SA
JULY 9, 2007
b. Each party agrees to furnish necessary 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 equipment, resources, facilities, and services in
furnishing such mutual aid.
c. The agency furnishing any equipment pursuant to this agreement shall bear the cost of
loss or damage to such equipment and shall pay any expense incurred in the operation and
maintenance of that equipment.
d. The agency furnishing aid pursuant to this section shall compensate its employees during
the time such aid is rendered and shall defray the actual travel and maintenance expenses of such
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. 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 such aid as authorized in Section I: Provisions
for Operational Assistance.
e. All of 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 which apply to the activity of such officers, agents, or employees of any such agency when
performing their respective functions within the territorial limits of their respective public agencies
shall apply to them to the same degree, manner, and extent while engaged in the performance of any
of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement.
The provisions of this section shall apply with equal effect to paid, volunteer, and reserve
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 cost or expenses incurred by the assisting agency performing hereunder when
assistance is requested under Section I: Provisions For Operational Assistance.
Section V: Indemnification
Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees
with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct
of such party's own employees occurring while engaging in rendering such aid pursuant to this
Agreement, to hold harmless, defend and indemnify the other participating party and its appointees
or employees, subject to provisions of section 768.28, Florida Statutes, where applicable, and
provided such party shall have control of the defense of any suit or claim to which said duty to
indemnify applies.
AGENDA ITEM # 8A
JULY 9, 2007
Section VI: Insurance
Each party shall provide satisfactory proof of liability insurance by one or more of the means
specified in Section 768.28(16), Florida Statutes, 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 VII: Effective Date
This agreement shall take effect upon execution and approval by the hereinafter named officials and
shall continue in full force and effect until June 30, 2011, unless terminated prior thereto by any or
all of the parties to the agreement.
Section VIII: Cancellation
This agreement may be canceled by any party 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 this foregoing Mutual Aid Agreement to be
signed on the date indicated.
John H. Rutherford, Sheriff
Jacksonville, Duval County, Florida
Date
David E. Thompson, Director of Public Safety Date
Atlantic Beach, Florida Police Department
Jim Hanson, City Manager
City Manager
City of Atlantic Beach, Florida
Date
AGENDA ITEM # 8A
JULY 9, 2007
IN WITNESS WHEREOF, the parties hereto cause this foregoing Mutual Aid Agreement to be
signed on the date indicated.
~-~l l~
David W. Sembach, Chief of Police
Neptune Beach, Florida Police Department
James arboe, City Manag
City Manager
City of Neptune Beach, Florida,.,-~
,,~ J
.
Bruc A. Thomason, Chief of Police
Jacksonville Beach, Florida Police Department
f%1 d .Sties.-Yp b
~~i
Flan Sh ,Mayo
City of Jacksonville Beach, Flor~la
City of Jacksonville
~v_,'~~
~~~"6G~
Date
6 "~~" ° ~
Date
Z7c~
Da e
~/a 7/07
Date
Date
2007 Renewal of Mutual Aid Agreement between and among the Jacksonville Sheriff s Office, the Atlantic Beach
Police Department the Jacksonville Beach Police Department, and the Neptune Beach Police Department
Page 6 of 6. No more to follow.