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Item 8FAGENDA ITEM # 8F APRIL 13.2009 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Mutual Aid Agreement with University of North Florida DATE: April 1, 2009 SUBMITTED BY: Michael D. Classey - Chief of Police BACKGROUND: The Atlantic Beach Police Department has had a Mutual Aid Agreement with the University of North Florida Police Department for many years. The purpose of the attached agreement is to establish the authority and responsibilities of Police Officers who may be called upon to perform law enforcement services while in another local jurisdiction. 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 at the University of North Florida The agreement also provides a mutual relationship with The University of North Florida Police Officers and it allows their officers to perform law enforcement functions while in the City of Atlantic Beach. BUDGET: None RECOMMENDATIONS: To approve the attached Mutual Aid Agreement between Atlantic Beach and the University of North Florida and authorize the City Manager to sign the agreement. ATTACHMENTS: Proposed Agreement REVIEWED BY CITY MANAGER: A NDA ITEM NUMBER: AGENDA ITEM # 8F APR[L 13, 2009 VOLUNTARY COOPERATION LAW ENFORCEMENT MUTUAL AID AGREEMENT WITNESSETH Whereas, the subscribing law enforcement agencies 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 criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the citizens; and, Whereas, the Atlantic Beach Police Department and the University of North Florida Police Department have the authority under The Mutual Aid Act, Chapter 23, Part 1, Florida Statutes, to enter into a mutual aid agreement for law enforcement service which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. Now, therefore, the parties agree as follows: SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION 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 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, sporting events, disasters (natural or man-made), inter-agency task forces and/or joint investigations, and assistance with tactical operations. SECTION II: PROCEDURE FOR REQUESTING ASSISTANCE In 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 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 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 shall be empowered to render enforcement assistance and act in accordance with law. -1- AGENDA ITEM # 8F APRIL 13, 2009 Should enforcement action be taken, said party shall notify the 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 of normal jurisdiction, but is intended to 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 law. No officer or appointee 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 agency head's decision in these matters shall be final. SECTION III: 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. 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 otherwise be in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, personnel policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the agency head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. 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 information, with all pertinent documentation gathered during the receipt and processing of 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 any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. -2- AGENDA ITEM # 8F APRIL 13, 2009 SECTION IV: LIABILITY A. Employees of the Atlantic Beach Police Department and the University of North Florida Police Department 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 employee's 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 aid. C. Apolitical 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 aid pursuant to this agreement shall compensate its 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 or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. 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 and rules, and all pension, insurance, relief, disability, workers' compensation salary, death and other benefits that apply 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. -3- AGENDA ITEM # 8F APRIL 13, 2009 SECTION VI: LIABILITY INSURANCE Each party shall provide satisfactory proof of liability insurance by one of more of the means specified in Section 768.28(15)(a), 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 of actual knowledge of such change. 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 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 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss 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 VIII: EFFECTIVE DATE This agreement shall take effect March 20, 2009 and shall continue in full force and effect until March 20, 2013. 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 these presents to be signed on the date specified. John E. Dean Chief/Director of Police and Public Safety University of North Florida March 20, 2009 Jim Hanson City Manager Atlantic Beach, FL March 20, 2009 -4-