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Exh 8FAGENDA ITEb1 #3r JUNE 13, 2005 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Contact for Child Abduction Response Team (CART) DATE: May 17, 2005 `~ SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: The purpose of this staff report is to request authorization for the Police Department to participate on the Northeast Florida Child Abduction Response Team, and to authorize the City Manager to sign the attached agreement. The purpose of the agreement is to allow law enforcement agendes to provide resources and assistance in the event of a child abduction in one of the respective jurisdictions. When a child is abducted, there is a great deal of manpower necessary to follow up on leads, conduct searches, and coordinate the investigation. Very few agenaes have suffident resources to perform all of the necessary functions within a short period of time. The purpose of this agreement is to establish a multi jurisdictional Child Abdudion Response Team. In the event that one of the agendes has a child abduction, the other agencies have a mechanism in place to provide manpower and resouroes tiD assist in the investigation. By pooling their resources, all of the agendes can benefit in the event of an abduction. Atlantic Beach has been fortunate, and we have not had a child abducted by a stranger in many years. However, we have had several dose calls when people attempted to abduct children in our city. The CART will provide resources for us in the event that we ever have a child abduction. And, Atlantic Beach personae! will assist other agendes in the event that they have a child abduction. Virtually every agency in northeast Florida has agreed th partidpate in the CART. BUDGET: None RECOMMENDATIONS: To authorize the City Manager to sign the attached agreement for the Police Department to participate in the local Child Abduction Response Team. ATTACHMENTS: Copy of Letter from Florida Department of Law Enforcement, and Proposed Agreement REVIEWED BY CITY MANAGE ' AGENDA ITEM NUMBER: AGIJNDA ITEM #SI+ JUNE 13, 2005 FILE Florida Department of Law Enforcement Jacksonville Regional Operations Center 921 N. Davis Street Building E Jacksonville, Florida 32209-6838 (904) 360-7100 www. fdle.state.fl.us Guy M. Tunnell Commissioner May 6, 2005 Honorable David E. Thompson, Chief of Police Atlantic Beach Police Department 850 Seminole Road Atlantic Beach, FL 32233. RE: Regional Child Abduction Response Team (CART) Mutual Aid Agreement Dear Chief Thompson, On behalf of the Florida Department of Law Enforcement, I wish to thank you for joining with us as a charter member of our Northeast Florida Area Child Abduction Response Team. It is our fervent wish that our cooperative efforts and unified response will allow for the greatest possible result should we be confronted with another of these most difficult and important cases within our thirteen county region. We have enclosed herewith a complete copy of the Mutual Aid Agreement governing the formation of the CART team, along with an executed FDLE signature page. We have also included an individual signature page for your agency. We request that you execute the agency signature page, make a copy for attachment to your copy of the Mutual Aid Agreement, and return the on final executed agency signature page to us in the enclosed, addressed envelope. Thank you again for your willingness to join with us in this critical law enforcement initiative. Should you have any questions with regard to the foregoing, please contact John Kemner, our regional attorney, at (904)360-7195. Sincerely, Guy M. Turin Commissione • i~ Dominick D. Pape Special Agent in Charge Jacksonville Regional Operations Center Committed to Service • Integrity • Respect • Quality AGENDA ITEM #3r JUNE 13, 2005 VOLUNTARY COOPERATION MUTUAL AID AGREEIYIENT AMONG AGENCIES IN THE NORTHEAST FLORIDA AREA AND THE FLORIDA DEPARTMENT OF LAW ENFORCEiti1ENT TO FORiv1 A CHILD ABDUCTION RESPONSE TEAM WHEREAS, the below subscribed law enforcement agencies have joined together in a multi- jurisdictional effort to rescue abducted children and under appropriate circumstances allocate their resources to missing/endangered children cases; and WHEREAS, the undersigned agencies are all participants in amulti-agency effort known collectively as the Northeast Florida Area Child Abduction Response Team (CART); and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida Statutes, "the Florida Mutual Aid Act," to enter into a voluntary agreement for cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines; and 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 Iaw 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, this agreement does not supersede or take the place of any other agreement entered into by the various members of the Children Abduction Response Team. Those agreements shall remain in full effect. NOW THEREFORE, the parties agree as follows: As acknowledged by their execution of this Agreement, each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement, subject to the terms and conditions noted herein, for the purposes and goals indicated. Parties To This Agreement: Florida Department of Law Enforcement (FDLE) -Jacksonville Florida Department of Corrections -Probation and Parole Services State.of Florida -Office of Agricultural Law Enforcement Office of the State Attorney -Fourth Judicial Circuit Alachua County Sheriffs Office Baker County Sheriffs Office Bradford County Sheriffs Office Clay County Sheriffs Offce Flagler County Sheriffs Office Gilchrist County Sheriffs Office Jacksonville Sheriffs Office Levy County Sheriff s Office Marion County Sheriffs Office Nassau County Sheriff s Office Putnam County Sheriffs Office St. Johns County Sheriffs Office Union County Sheriffs Office Alachua Police Department Atlantic Beach Police Department Duval County School Board Police Green Cove Springs Police Department High Springs Police Department Lawtey Police Department St. Augustine Police Department St. Augustine Beach Police Department Starke Police Department University of Florida Police Department University of North Florida Police Department Williston Police Department Federal Bureau of Investigation -Jacksonville Naval Criminal Investigative Service AGENDA ITEM #8F JUNE 13, 2005 Additional. parties may, at the request and with the approval of FDLE and the other Child Abduction Response Team members, enter into this Agreement at a later date as evidenced by their signing of this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to the Florida Department of Law Enforcement. CHILD ABDUCTION RESPONSE TEAM PRIMARY GOAL AND STATEMENT OF COOPERATION TO BE RENDERED: The primary goal of the Child Abduction Response Team is to provide a pool of specialized investigators which are available to .focus dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to cases involving abducted children. To provide for voluntary cooperation, each of the Child Abduction Response Team agencies hereby approve and enter into this agreement whereby each of the agencies .may request and render law enforcement assistance to Child Abduction Response Team member agencies, or others, in dealing with any violations of law including, but not limited to, the investigation, arrest and prosecution of those involved in criminal child kidnapping, abduction, false imprisonment and similar or related violations (utilizing state and federal law and prosecutions, as appropriate); the rescue of the abducted child or children and the seizure, and forfeiture of assets of those engaged in child abduction or otherwise supporting such activity (utilizing state and federal forfeiture options, as appropriate). Nothing herein shall otherwise limit the ability of participating Child Abduction Response Team members to provide, as provided by or allowed by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration. 2 The Parties to this Agreement are contributing personnel and resources in support of the Child Abduction Response Team efforts, with the operations of the Child Abduction Response Team being coordinated with FDLE and other agency members. JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE, SUPERVISION: Jurisdiction: The principal site of the Northeast Florida Area Child Abduction Response Team activity shall be in the thirteen counties serviced by the FDLE Jacksonville Regional Operations Center, to wit: Alachua, Baker, Bradford, Clay, Duval, Flagler, Gilchrist, Levy, Marion, Nassau, Putnam, St. Johns, and Union. When engaged in Child Abduction Response Team operations that have been approved by the FDLE, as contemplated by this Agreement, Child Abduction Response Team members whom do not otherwise have jurisdictional authority outside of their normal area of operations, shall enjoy full jurisdictional authority anywhere in the State of Florida, although principally focused within the above thirteen county region, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement. Officers assigned to Child Abduction Response Team operations pursuant to this agreement shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more Child Abduction Response Team member agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the Team that shall be considered authorized in accordance with the provisions of this Agreement. No additional or specific formal request for assistance is required. Child Abduction Response Team members operating outside the jurisdiction of their respective Agencies shall not enjoy extra- jurisdictional authority as law enforcement officers unless engaged in approved Child Abduction Response Team activities as stated herein. Pursuant to Section 23.127(1), Florida Statutes, employees and agents of the undersigned Agencies participating in the Child Abduction Response Team shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities as if the employees were performing duties inside the political subdivision in which the employee is normally employed. Procedures for Requesting and Authorizing Assistance: Activities shall be considered authorized only when approved and directed as provided herein by an FDLE supervisor or FDLE designee. The CART will normally function as a force multiplier for the requesting agency, and the requesting agency will remain as the lead agency in overall control of the investigation, unless the requesting agency has formally asked that the CART, under FDLE supervision or other FDLE approved supervision, assume control of the investigation. The parties stipulate that in the event that a significant investigative or jurisdictional dispute should arise, the issue will immediately be forwarded to the relevant agency chief executives for resolution. If at anytime an FDLE supervisor or FDLE special agent designee determines that an extra-territorial Child Abduction Response Team operation pursuant to this agreement should be terminated, said operation is to be promptly terminated in a manner assuring the safety of all involved law enforcement officers. No Child Abduction Response Team member or agent shall engage in activities outside their normal jurisdictional territory, pursuant to the authority of this Agreement, that are not approved, are unreported or are otherwise unknown to the FDLE supervisor or FDLE designee and which are not documented as provided herein. The FDLE supervisor or FDLE designee shall maintain documentation that will demonstrate the daily participation of specific employees or agents provided by the Parties to this Agreement, including each operation's supervisor or designated 3 ~. ~ ch zz nd ~~ w '-' y oh o~ v~ ~ co AGIrNDA ITIrb~I #SF JUNT/ 13, 2005 leader. Such documentation will assist in memorializing which individuals had mutual aid authority pursuant to this Agreement for particular time periods. After consultation with other participating Child Abduction Response Team agencies, FDLE may request that a particular employee or agent of the Child Abduction Response Team no longer be allowed to participate in furtherance of this provision of the Agreement. Upon receiving the request, the employing Agency shall promptly terminate said person's participation in the „ , activities contemplated by this provision of the Agreement. Upon the request of the chief executive of the lead investigative agency in whose jurisdiction the incident occurred that a sworn or support member of the FDLE no longer participate in the Child Abduction Response Team, FDLE shall promptly terminate that member's participation in the Team's activities relating to that incident. Upon the request of another participating agency that a sworn or support member of the FDLE no longer participate in the Child Abduction Response Team, FDLE shall, . ~ if otherwise in FDLE's best interest to do so, terminate said member's participation in the Child Abduction Response Team. With the approval of FDLE, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating in the Child Abduction Response Team. Whenever an operation occurs outside the territorial limits of the FDLE Jacksonville Region, an Assistant Special Agent in Charge (ASAC) for the FDLE office in the region affected shall be notified about the presence of Northeast Florida Area Child Abduction Response Team personnel in his or her region. Local law enforcement in the area of operation will also be notified. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee's Agency. OPERATIONAL PROCEDURES The operation of the CART will be subject to the oversight of Steering Committee. Membership of the Steering Committee shall be comprised of the Chief Executive of each signatory agency (or designee), along with the Special Agent in Charge of the FDLE Jacksonville Region (or designee.) The Steering Committee may establish operational procedures and/or response protocols regarding the use and deployment of the CART. FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT: Forfeiture actions based upon seizures made by the Child Abduction Response Team may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. Distribution of the proceeds shall be shared equally among the participating agencies, or as otherwise determined by written agreement. PROPERTY AND EVIDENCE: All property and evidence, including currency, seized in connection with state violations, pursuant to this Agreement, outside the regular jurisdictional boundaries of the Northeast Florida Area CART, but within Florida, shall be taken into custody and processed by an FDLE Special Agent in accordance with FDLE policy relating to the handling of property, evidence and currency. 4 AGIJI~II}A ITEM #3F JUNE 13, 2005 When such items are seized within the regular jurisdictional boundaries for the Northeast Florida Area CART, in connection with state violations, the items may be processed and maintained by the lead agency, an agency with jurisdiction or as otherwise agreed upon. „ If and when the investigation becomes a federal case or inquiry, any such property and evidence will be taken into custody and processed by the Federal Bureau of Investigation or be handled .pursuant to their directions. LIABILITY AND COST-RELATED ISSUES: . Each party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such party's own employees while such employees are engaged in rendering such aid, cooperation and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable, and subject to other relevant state and federal law. ` Each party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, resources and facilities to render services to each other party to this Agreement in order to affect the purposes of the Child Abduction Response Team and agrees to bear the cost of loss " ' or damage to such equipment, vehicles, or property. Parties understand and agree that they will ... be responsible for their own liability and bear their own costs with regard to their property and resources. This provision shall not preclude necessary property or resources being purchased, funded, or provided by a participating party via the party's legally vested forfeiture funds, if otherwise authorized by law. Each Agency furnishing aid pursuant to this Agreement shall compensate its own employees during the time such aid is rendered and shall defray the actual expenses of its employees while they are rendering such aid, including any amounts, if legally applicable, that may be determined to be due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The privileges and immunities from liability, exemption from Iaws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), 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 shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. This provision shall not preclude payment of compensation, including overtime compensation, for its personnel utilizing its legally vested forfeiture funds or other funding sources to the extent allowed bylaw. Each party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, as required, and automotive liability insurance or to maintain aself-insuring fund for the term of this Agreement in the amounts determined by each party to adequately insure such party's liability assumed herein. But for Florida law enforcement officers, in no event shall such coverage be less than the state statutory waiver of sovereign immunity limits. If requested, each party agrees to provide the other parties with proof of the insurance or self-insurance required hereunder. Federal participants will be~governed by applicable federal law or regulation concerning the above liability issues. 5 AGENDA ITEM #SI+ JUNE 13, 2005 COMPLAINTS AGAINST CHILD ABDUCTION RESPONSE TEAM lYIEMBERS: Whenever a complaint has been lodged against state or local law enforcement CART members as a result of their Child. Abduction Response Team efforts outside their normal jurisdictional boundaries, while acting pursuant to this Agreement, a designee of the FDLE shall ascertain at a minimum: The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted, the nature of the complaint, any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about, the identity(ies) of the Child Abduction Response Team participant(s) accused and the employing Agency(ies) of the participant(s) accused. FDLE will promptly provide to each such affected employing Agency the above information for administrative review and appropriate handling or disposition. Each affected employing Agency shall, upon completion of said review, notify FDLE of its findings and any actions taken. Federal agency participants will handle any complaints against their personnel while such federal personnel are involved in CART operations. COPY TO EACH PARTICIPATING CHILD ABDUCTION RESPONSE TEAM MEMBER: When this Agreement is fully executed, a copy shall be provided to each Child Abduction Response Team member so that each member may be fully aware of the powers, limitations, and expectations applicable to Child Abduction Response Team members and operations. TERM OF AGREEMENT: This Agreement shall be effective as to the executing Parties upon execution by the member agencies of the Child Abduction Response Team and the FDLE. As each additional party executes this Agreement, it shall be effective as to the newly executing party. This Agreement may be duplicated for dissemination to all parties, and such duplicates shall be of the same force and effect as the original. Execution of this Agreement may be signified by each party properly signing a separate signature page, the original 'of which shall be returned to, and maintained by, the Special Agent in Charge, Florida Department of Law Enforcement, Jacksonville Regional Operations Center, 921 N. Davis Street, Bldg. E, Jacksonville, FL 32209. This Agreement shall remain in full force as to all participating parties until December 31, 2008, unless terminated in writing by the FDLE as to all or as to individually affected parties. This agreement may be renewed, amended, or extended only in writing. Any party may withdraw from this Agreement upon providing written notice to FDLE. In the event that a parry agency has a change of Chief Executive Officer during the term of this Agreement, the party agency may continue participation in the CART for the term of this Agreement by having the new Chief Executive sign and submit a new signature page indicating the parry agency's continued desire to participate in the CART. 6 AGENDA ITEM #SF' JUNE 13, ?005 Party's Acceptance of the Voluntary Cooperation Mutual Aid Abreement amonb the member Abencies of the Northeast Florida Area Child Abduction Response Team. Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at FDLE along with this signature page. For the Florida Department of Law rcement (FDLE): Dominick D. Pape ,Special Agent in Charge , Jacksonville Regional Operations Center Date" 7 AGENDA ITEM #Sr JUNE 13, 2005 Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement amonb the member Agencies of the Northeast Florida Area Child Abduction Response Team. . Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at FDLE along with this signature page. For the Atlantic Beach Police Department: <,~, David E. Thompso Director of Public Safety a.~' z. _ Date Jim Hanson City Manager Date 8