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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