Exh 8EAGENDA ITEM SE
.JUNE 23, 2003
City of Atlantic Beach
City Commission Meeting
Staff Report
AGENDA ITEM: Mutual Aid Agreement
DATE: June 6, 2003
SUBMITTED BY: J. Campbell
BACKGROUND:
There has been a Mutual Aid Agreement between the Atlantic Beach, Neptune Beach,
Jacksonville Beach, and the Jacksonville Sheriff s Office for many years. The present
agreement expires on June 30, 2003. Therefore, we need to renew this agreemen: for all
of the departments.
This contract allows the agencies to provide assistance in the event of an emergency or
disaster, and it allows them to work together in other criminal investigations of mutual
interest. The agreement is substantially the same as the agreement that is in effect at this
time.
IMPACT ON BUDGET: None
RECOMMENDATIONS:
To approve the Combined Voluntary Cooperation and Operational Assistance Mutual
Aid Agreement, and authorize the City Manager to sign on behalf of the City of e~tlantic
Beach.
ATTACHMENTS: Copy of the Agreement
REVIEWED BY CITY MANAGER: _i~ _
ITEM NUMBER:
AGENDA ITEM 8E
JUNE 23, 2003
OFFICE OF THE SHERIFF
CONSOLIDATED CITY OF JACKSONVILLE
~ ~~
501 EAST BAY STREET • JACKSONVILLE, FLORIDA 32202-2915
NATHANIEL GLOVER
Sheriff May 30, 2003
David E. Thompson, Chief of Police
Atlantic Beach Police Department
800 Seminole Road
Atlantic Beach, Florida 32233-5445
Re: Mutual Aid Agreement
Dear Chief Thompson,
As you know, the current mutual aid agreement between the Atlantic Beach, Neptune
Beach, and Jacksonville Beach Police Departments and the Jacksonville Sheriffls Office
expires on June 30, 2003. In order that there be no lapse in the operation of the mutual
aid agreement, Sheriff elect Rutherford has asked me to provide you with the enclosed
copy of a new agreerent that would become effective July 1, 2003 and expire on June
3Q 2007.
The substance of the language of the agreement is identical to that of the agreement it
would be replacing. If you would like to make any modifications or amendments to the
agreement please contact me and the other parties to the agreement in order that we may
discuss the proposed amendments.
If the proposed agreement is acceptable to you please notify me and we will arrange for
the execution of an original that would be available for Sheriff Rutherford's signature on
July 1, 2003.
Your cooperation in this matter is greatly appreciated.
Sincerely,
Laurence C. Pritch~
Police Legal Adviso
/ph
Enclosure
~~
~J. A Nationallu Accredited AQencu An Eaual Ozrportunittt Emplouer
AGENDA ITEM SE
Ji1NE 23, 2003
MUTUAL AID AGREEMENT
COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY
COOPERATION AGREEMENT
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 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 (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 [hat 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, lazge 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.
r~GENDA ITEM 8E
JUNE 23, 2003
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 I,aw; (2) accidents involving motor vehicles; (3) violations of county ar.d municipal
ordinances; (4) backup services during patrol activities; and (5) inter-agency task forces and/or
joint investigations.
Section III: Policy and Procedure
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 agenc}~ head or his
designee of the agency requesting assistance.
AGENDA ITEM 8F.
JUNE 23, 2003
Section IV: Authority, F'rivile~es, Immunities and Costs
a. Authority of Law Enforcement Officers Operating Pursuant to this Agreement:
1 Members of the Atlantic Beach Police Department, the Jacksonville I3each 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 tltey shall be
empowered to take appropriate enforcement action including, but not limited to, arrest or citation
of [he suspect or suspects.
3. In the event a felony, misdemeanor, or criminal 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.
4. In the event an officer of the Allantic Beach Police Department, Jacksonville
Beach Police Department, or Neptune Beach Police Department who is investigating a felony
which occurred within his or her respective jurisdiction should develop probable cau;~e to arrest a
suspect for that felony 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, whene~~er 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 this paragraph.
AGENDA ITEM 8E
JUNE 23, 2003
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 requestin;; agency.
b. Each party agrees to furnish necessary equipment, resources and faci ities 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 navel and maintenance expenses
of such employees while they are rendering such aid, including any amounts paic. or due for
compensation due to personal injury or death while such employees are engaged .n 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 then• respective
AGENDA ITEM 8E
JUNE 23, 2003
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 ef.'ect 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 F~ssistance.
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(14), Florida Statutes, in an arnount which is, in the jud;;ment 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, 2007, unless terminated prior thereto by
any or all of the parties to the agreement.
AGENDA ITEM SE
JUNE 23, 2003
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, Chief of Police Date
Atlantic Beach Police Department
City Manager
City of Atlantic Beach, Florida
Date
William L. Brandt, Chief of Police Date
Neptune Beach Police Department
City Manager
Date
City of Neptune Beach, Florida
AGENDA ITEM 8E
JUNE 23, 2003
Bruce Thomason, Chief of Police Date
Jacksonville Beach Police; Department
Mayor
City of Jacksonville Beach, Florida
City Manager
City of Jacksonville Beach, Florida
Attest:
City Clerk
Date
Date
City of Jacksonville Beach, Florida