Exh 8JAGENDA ITEM #8J
SEPTEMBER 24, 2001
City of Atlantic Beach
City Commission Meeting
Staff Report
AGENDA ITEM: Mutual Aid Agreement
DATE: September 13, 2001
SUBMITTED BY: David B Thompson, Chief of Pohce/DPS
BACKGROUND:
There has been a Mutual .Aid Agreement between the Atlantic Beach, Neptune Beach,
Jacksonville Beach, Green Cove Springs, St Augustine, and Fernandina Beach Police
Departments for many yeazs The most recent contract will expire on September 30,
2001, and we need to renew this agreement for all of the departments
This contract allows the agencies to provide assistance In the event of an emergency or
disaster, and rt allows them to work together to other cnmmat investigations of mutual
interest The agreement is substantially the same as the agreement that is in effect at this
hme
IMPACT ON BUDGET: None
RECOMMENDATIONS:
To approve the Combined Voluntary Cooperation and Operational Assistance Mutual
Aid Agreement, and authorize the City Manager to'stgn on behalf of the Crty of Atlantic
Beach
ATTACHMENTS: Copy of the Agreement
REVIEWED BY CITY MANAGER:
AG DA ITEM NUMBER:
AGENDA ITEM #SJ
SEPTEMBER 24, 2001 ~
COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, THE UNDERSIGNED 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 LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO
Q) CONTINUING, MULTI-JURISDICTIONAL CRIMINAL ACTIVITY, SO AS TO PROTECT THE
PUBLIC PEACE AND SAFETY, AND PRESERVE THE LIVES AND PROPERTY OF THE
CITIZENS, AND,
(2) INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL, OR
MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252 34,
FLORIDA STATUTES, AND,
WHEREAS, THE UNDERSIGNED LAW ENFORCEMENT AGENCIES HAVE THE AUTHORITY UNDER
SECTION 23 12, FLORIDA STATUTES, et seq ,THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A
COMBINED MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH
(I) PERMITS VOLUNTARY COOPERATION AND ASSISTANCE OF A ROUTINE LAW
ENFORCEMENT NATURE ACROSS JURISDICTIONAL LINES, AND,
(2) PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY
NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS
SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION
EACH OF THE UNDERSIGNED 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 IN DEALING WITH ANY VIOLATIONS OF FLORIDA
STATUTES TO INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, INVESTIGATING HOMICIDES, SEX
OFFENSES, ROBBERIES, BURGLARIES, THEFTS, GAMBLING, MOTOR VEHICLE THEFTS, CONTROLLED
SUBSTANCES VIOLATIONS, DUI VIOLATIONS AND WITH BACKUP SERVICES DURING PATROL
ACTIVITIES, SCHOOL RESOURCE OFFICERS ON OFFICIAL DUTY OUT OF THEIR JURISDICTION,
SCHOOL SAFETY OFFICERS ENFORCING LAWS WITHIN 1000 FEET OF A SCHOOL, AND INTER-AGENCY
TASK FORCES AND/OR JOINT INVESTIGATIONS
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH OF 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 WTTH
CIVII, DISTURBANCES, LAW ENFORCEMENT EMERGENCIES, LARGE PROTEST DEMONSTRATIONS,
AIItCRAFT DISASTERS, FIRES, HURRICANES, TORNADOES OR OTHER WEATHER•RELATED CRISES,
SPORTING EVENTS, CONCERTS, PARADES, ESCAPES FROM DETENTION FACILITIES, AND INCIDENTS
REQUIRING UTII.IZATION OF SPECIALIZED UNITS
AGENDA ITEM #8J
SEPTEMBER 24, 2001
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE•
IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH
ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHALL
NOTIFY THE AGENCY HEAD OR HIS/I-IER DESIGNEE FROM WHOM SUCH ASSISTANCE IS REQUESTED
THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT
SHALL EVALUATE THE SITUATION AND THE AGENCY'S AVAILABLE RESOURCES, CONSULT WITH
HIS/I-lER SUPERVISORS ff NECESSARY, AND WILL RESPOND IN A MANNER NE/SHE DEEMS
APPROPRIATE
THE AGENCY HEAD IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED MAY DETERMINE
WHO IS AUTHORIZED TO LEND ASSISTANCE IN HIS/[-~R NRISDICTION, FOR HOW LONG SUCH
ASSISTANCE IS AUTHORIZED AND FOR WHAT PURPOSE SUCH AUTHORITY IS GRANTED THIS
AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTICULAR SITUATION
DICTATES
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL
SECTION N: COMMAND AND SUPERVISORY RESPONSIBILTTY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING AGENCY HEAD SHALL
BE UNDER THE IMh WDIATE COMMAND OF A SUPERVISING OFFICER DESIGNATED BY THE
ASSISTING AGENCY I-IEAD SUCH SUPERVISING OFFICER SHALL BE UNDER THE DIRECT
SUPERVISION AND COMMAND OF THE AGENCY HEAD OR HIS/I~R DESIGNEE OF THE AGENCY
REQUESTING ASSISTANCE
CONFLICTS WHENEVER AN OFFICER, DEPUTY SHERIFF OR OTHER APPOINTEE IS RENDERING
ASSISTANCE PURSUANT TO THIS AGREEMENT, THE OFFICER, DEPUTY SHERIFF OR APPOINTEE
SHALL ABIDE $Y AND BE SUBJECT TO THE RULES AND REGULATIONS, PERSONNEL POLICIES,
GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OFHIS/HER OWN EMPLOYING
AGENCY IF ANY SUCH RULE, REGULATION, PERSONNEL POLICY, GENERAL ORDER OR STANDARD
OPERATING PROCEDURE IS CONTRADICTED, CONTRAVENED OR OTHERWISE IN CONFLICT WITH A
DIl2ECT ORDER OF A SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUCH RULE,
REGULATION, PERSONNEL POLICY, GENERAL ORDER OR PROCEDURE SHALL CONTROL AND SHALL
SUPERSEDE THE DIIZECT ORDER
]IANDLING COMPLAINTS WHENEVER THERE IS CAUSE TO BELIEVE THAT A COMPLAINT HAS
ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS IT MAY PERTAIN TO THIS AGREEMENT, THE
AGENCY HEAD OR HIS/I-IER DESIGNEE OF THE REQUESTING AGENCY SHALL BE RESPONSIBLE FOR
THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM
THE IDENTITY OF THE COMPLAINANT
AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED
THE SPECIFIC ALLEGATION
THE IDENTITY OF THE EMPLOYEES ACCUSED WITHOUT REGARDS AS TO AGENCY
AFFII.IATION
IF IT IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING AGENCY, THE
ABOVE INFORMATION, WITH ALL PERTINENT DOCUMENTATION GATHERED DURING THE RECEIPT
AND PROCESSING OF THE COMPLAINT, SHALL BE FORWARDED WITHOUT DELAY TO THE AGENCY
HEAD OR HIS/I-IER DESIGNEE OF THE ASSISTING AGENCY FOR ADMINISTRATIVE REVIEW THE
REQUESTING AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO DETERMINE IF ANY
FACTUAL BASIS FOR THE COMPLAINT EXISTS AND/OR WHETHER ANY OF THE EMPLOYEES OF THE
REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S POLICIES OR PROCEDURES
AGENDA iTENI #SJ
SEPTEMBER 24, 2001
SECTION V. LIABILTTY
EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT TO THIS
AGREEMENT, AGREES TO ASSUME RESPONSIBILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF
SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS
AGREEMENT, SUBIECT TO THE PROVISIONS OF SECTION 768 28, FLORIDA STATUTES, WHERE
APPLICABLE
SECTION VI POWERS,PRNILEGES,IMMUMTIES AND COSTS
a EMPLOYEES OF THE UNDERSIGNED AGENCIES, WHEN ACTUALLY ENGAGING IN
MUTUAL COOPERATION AND ASSISTANCE OUTSIDE OF THEIR NRISDICTIONAL LIMITS BUT INSIDE
THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE PROVISIONS OF
SECTION 23 127(1), FLORIDA STATUTES, HAVE THE SAME POWERS, DUTIES, RIGHTS, PRIVII,EGES
AND IMMUMTIES AS IF THE EMPLOYEE WAS PERFORMING DUTIES INSIDE THE EMPLOYEE'S
POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED
b EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, 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 $E REQUIRED
TO DEPLETE UNREASONABLY ITS OWN PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES, AND
SERVICES IN FURNISHING SUCH MUTUAL AID
c APOLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS
AGREEMENT MUST BEAR THE COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND MUST PAY
ANY EXPENSE INCURRED IN THE OPERATION AND MAINTENANCE OF THAT EQUIPMENT
d THE AGENCY FURNISHING AND PURSUANT TO THIS AGREEMENT SHALL
COMPENSATE ITS APPOINTEES/EMPLOYEES DURING THE TIME SUCH AID IS RENDERED AND SHALL
DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS EMPLOYEES WHILE THEY ARE
RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR COMPENSATION DUE TO
PERSONAL INNRY OR DEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID
e THE PRIVII.EGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES, AND ALL PENSION, INSURANCE, RELIEF, DISABILITY, WORKERS'
COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO THE ACTIVITY OF AN
EMPLOYEE OF AN AGENCY WHEN PERFORMING THE EMPLOYEE'S DUTIES WITHIN THE
TERRITORIAL LIIvIITS OF THE EMPLOYEE'S AGENCY APPLY TO THE EMPLOYEE TO THE SAME
DEGREE, MANNER, AND EXTENT WHII.E ENGAGED IN THE PERFORMANCE OF THE EMPLOYEE'S
DUTIES EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS MUTUAL AID AGREEMENT THE
PROVISIONS OF THIS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID, VOLUNTEER, AND
AUXII.IARY EMPLOYEES
f NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING
SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING AUTHORITY HAVING BUDGETING
NRISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY ACTUAL COSTS OR EXPENSES
INCURRED BY THE ASSISTING AGENCY PERFORMING HEREUNDER
g NOTHING IN THIS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY
TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE PARTY HERETO TO
THE OTHER
SECTION VR, FORFEITURE PROVISIONS
IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR VEHICLE,
AGENDA ITEM #8J
SEPTEMBER 24, 2001
AIRCRAFT, CURRENCY OR OTHER PROPERTY PURSUANT TO THE FLORIDA CONTRABAND
FORFEITURE ACT DURING THE PERFORMANCE OF THIS AGREEMENT, THE AGENCY REQUESTING
ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL ASSISTANCE AND THE SEIZING AGENCY
IN THE CASE OF VOLUNTARY COOPERATION SHALL BE RESPONSIBLE FOR MAINTAIMNG ANY
FORFEITURE ACTION PURSUANT TO CHAPTER 932, FLORIDA STATUTES THE AGENCY PURSUING
THE FORFEITURE ACTION SHALL HAVE THE EXCLUSIVE RIGHT TO CONTROL AND THE
RESPONSIBILITY TO MAINTAIN THE PROPERTY IN ACCORDANCE WITH CHAPTER 932, FLORIDA
STATUTES, TO INCLUDE, BUT NOT BE LIMITED TO, THE COMPLETE DISCRETION TO BRING THE
ACTION OR DISMISS THE ACTION
b ALL PROCEEDS FROM FORFEITED PROPERTY SEIZED AS A RESULT OF OR IN
ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN THE PARTIES, LESS
THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION
SECTION VIII• EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT UNDER EXECUTION AND APPROVAL BY THE HEREINAFTER
NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTII, SEPTEMBER 30, 2004
UNDER NO CIItCUMSTANCES MAY THIS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED
EXCEPT IN WRITING
SECTION EK: CANCELLATION
ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT 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 THE PRESENTS TO BE SIGNED ON THE DATE
SPECIFIED
AGENDA ITEM #8J
SEPTEMBER 24, 2001
George D Forbes~~
City Manager
Ctty of Jacksonvtlie Beach
Date
r
Bob D Marsden
Mayor
Ctty of Jacksonvtlle Beach
~-S-,~oa1
Date
Jtm Hanson Davtd Thompson
Ctty Manager Chtef of Police
Ctty of Atlantic Beach Atlantic Beach Police Department
Date Date
~~
Richard Ltnn Wt liam rand[
Qty Manager Chief of Police
City of Neptune Beach Neptune Beach Police Department
q -11'q~ ~ ' /l- U
Date Date
Don Bowles Ga~I Russell
Crty Manager Chief of Police
City of Green Cove Spnngs Green Cove Spnngs Police Department
Date Date
W B Hams David Shoar
City Manager Chief of Police
City of St Augustine St Augustine Police Department
Date Date
Andy Barton Robert C Hammond
City Manager Chief of Police
City of Fernandina Beach Femandma Beach Police Department
Date Date