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Agenda Item 8DAGENDA ITEM # 8D MAY 23, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Mutual Aid Agreement with Jacksonville, Neptune Beach and Jacksonville Beach DATE: May 11, 2011 c, SUBMITTED BY: Michael D. Classey - Chief of Police BACKGROUND: The Atlantic Beach Police Department has had a Mutual Aid Agreement with other local police agencies for many years. This is the same agreement that is in effect today, but it must be renewed as the current one is approaching the expiration date. 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 other local jurisdictions. Jacksonville, Neptune Beach, Jacksonville Beach, and Atlantic Beach often work together on investigations that take them into one another's jurisdictions. By sharing their resources, they can reduce the expenses and enhance the effectiveness of the investigations. This agreement provides the authority for Atlantic Beach officers to pursue investigations and to enforce traffic, misdemeanor, and felony laws in the cities that are party to this agreement. It also provides personnel from Jacksonville Beach and Neptune Beach with the same authority while working in Atlantic Beach. BUDGET: None RECOMMENDATIONS: To approve the attached Mutual Aid Agreement and authorize the City Manager and Chief of Police to sign it. ATTACHMENTS: Proposed Agreement REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: AGENDA ITEM # 8D MAY 23, 2011 MUTUAL AID AGREEMENT COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION AGREEMENT WITNESSETH WHEREAS the jurisdiction of the Jacksonville Sheriff's 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 Sheriff's 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, 1 AGENDA ITEM # 8D MAY 23, 2011 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. Section III• Procedure for Requesting Assistance and Command and Supervisory Responsibilities a. It is understood by all parties that the Jacksonville Sheriff's 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 Sheriff's Office officers in those tactical units shall be under the command and control of a Jacksonville Sheriff's Office supervisor while the unit(s) are operating in Atlantic, Neptune, or Jacksonville Beach. d. In the event the Jacksonville Sheriff's 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 rd AGENDA ITEM # 8D MAY 23, 2011 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. Section IV: 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 Sheriff's 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 3 AGENDA ITEM # 8D MAY 23, 2011 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. 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. 4 AGENDA ITEM # 8D MAY 23, 2011 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. 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, 2015, 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 5 AGENDA ITEM # 8D MAY 23, 2011 Michael D. Classey Date Chief of Police Atlantic Beach Police Department Jim Hanson, City Manager Date City Manager City of Atlantic Beach, Florida IN WITNESS WHEREOF, the parties hereto cause this foregoing Mutual Aid Agreement to be signed on the date indicated. David W. Sembach, Chief of Police Date Neptune Beach, Florida Police Department James R. Jarboe, City Manager Date City Manager City of Neptune Beach, Florida Bruce A. Thomason, Chief of Police Date Jacksonville Beach, Florida Police Department Fland Sharp, Mayor Date City of Jacksonville Beach, Florida George D. Forbes, City Manager Date City of Jacksonville Beach, Florida N