Exh 4FAGENDA ITEM #-1F
JUNE 13, 2005
STAFF REPORT
City of Atlantic Bcach
Commission Meeting
AGENDA ITEM: Mutual Aid Agreement with Jacksonville Sheriff's Office, Neptune
Beach, and Jacksonville Beach
DATE: May 27, 2005
SUBMITTED BY: David E. Thompson, 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. The purpose of the
attached agreement is to establish the authority and responsibilities of Police Officers
who maybe 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 City of Atlantic Beach.
BUDGET: None
RECOMMENDATIONS: To approve the attached Mutual Aid Agreement between
Atlantic Beach, Jacksonville, Neptune Beach, and Jacksonville Beach.
ATTACHIVIENTS: Proposed Agreement
REVIEWED BY CITY MANAGER:
AGEND ITEM NUMBER:
AGENDA ITEIYI #4F
JUNE 13, 2005
' COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY
COOPERATION AGREEMENT
WHFRFA~, 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
WNFRF.AS, 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 (1997), 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:
' 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.
AGENDA ITEM #-lr
JUNE 13, 2005
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.
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 duect supervision and command of the agency head or his
designee of the agency requesting assistance.
a. Authority of Law Enforcement Officers Operating Pursuant to this Agreement:
1 Members of the Atlantic Beach Police Department, the 3acksonville 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.
AGIJNDA 1TIJNI #aT'
JUN1:13, 200
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 crn~r~rrtraffic 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.
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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 of
a_misd.~annr which occurred within his or her respective jurisdiction should develop probable
cause to arrest a suspect for that felony nr miSdemPannr 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. Tf thP. nffPnse is a misd~e~pr, th~nfficPr sh 1~L1 make a warrantlPS~
arrest nnly if ~1r,]1 1rrest isTnermittPri _ by Florida SIan_te~QCII 15 W rrantles5 misdPmE'3nnr
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
AGENDA ITEM #=lF
JUNE 13, 2005
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 pertains to 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.
' 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.
Each parry shall provide satisfactory proof of liability insurance by one or more of the means
specified in Section 768.28(14), 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.
AGENDA ITIrNI #~IF
JUNE 13, 2005
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, 2007, unless terminated prior thereto by
any or all of the parties to the agreement.
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
David E. Thompson, Chief of Police
Atlantic Beach Police Department
City Manager
City of Atlantic Beach, Florida
,Chief of Police
Neptune Beach Police Department
Date
Date
Date
Date
AGENDA ITENL #4I+
3UNE 13, 2005
City Manager
City of Neptune Beach, Florida
Bruce Thomason, Chief of Police
Jacksonville Beach Police Department
Date
Date
Mayor Date
City of Jacksonville Beach, Florida
City Manager
City of 7acksonville Beach, Florida
Attest:
City Clerk
City of Jacksonville Beach, Florida
Date