MUTUAL AID AGREEMENT/DIVISION OF ALCOHOLIC BEVERAGES
..~ . ~'.,
.1
I
MUTUAL AID AGREEMENT BETWEEN THE
CITY OF CLEARWATER AND THE
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
I. PARTIES: This Agreement is entered into by and between the City of
Clearwater, Florida (hereinafter referred to as "City") and the Division of
Alcoholic Beverages and Tobacco of the State of Florida Department of
Business and Professional Regulation (hereinafter referred to as "ABT") on
the date set forth below:
II. PURPOSE: City and ABT recognize the need for mutual assistance to better
carry out the mission of each agency during the "Spring Break" period in
Clearwater, Florida. Accordingly, City intends to grant certain law
enforcement authority to specifically named agents of ABT, and ABT agrees
to provide assistance to the City, as specifically set forth herein.
III. LEGAL AUTHORITY: The parties enter into this Agreement under the legal
authority inherent in Chapter 23 of the Florida Statutes, also known as the
Florida Mutual Aid Act, and pursuant to ~20.165(9), Florida Statutes.
IV. TERM: This Agreement is effective during the time period known as
"Spring Break" starting March 1, 1996 through April 30, 1996 and every
year thereafter during the same time period until the year 2000.
V. CANCELLATION: Either party may cancel this Agreement for any reason.
Such cancellation will be effective immediately upon delivery or facsimile
transmission of written notice of cancellation to any of the regularly
established offices or facilities of the other party.
VI. LIMITED GRANT OF LAW ENFORCEMENT AUTHORITY: The City hereby
grants to any law enforcement officer of the ABT who, at the request of the
Chief of Police, is assigned to assist the Clearwater Police Department,
certain law enforcement authority as described below within the city limits
of Clearwater, Florida:
The authority to enforce all laws of the State of Florida regarding
felonies and misdemeanors.
This grant does not include the authority to enforce any ordinance of
the County of Pinellas or the City of Clearwater. It does not include
the authority to issue any traffic citation.
VII. REPRESENTATION OF FITNESS FOR DUTY: ABT represents to the Chief
of Police that each and every agent assigned to assist the City is a duly
1
(le'
.
.....
..
I
I
certified law enforcement officer according to the laws of this State, and
well qualified to carry out law enforcement duties.
VIII. MUTUAL AGREEMENT TO ASSIST: In consideration for mutual promises
and grant of authority contained herein, the parties do hereby agree to
render aid to each other and to the citizens of Clearwater, Florida, upon
request and to the extent of available resources of time, equipment, and
personnel. This obligation to render assistance shall not be to the detriment
of the primary missions and responsibilities of either agency.
IX. CONFLICTS: Any conflicts between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Section
23.1225, Florida Statutes.
X. POWERS, PRIVilEGES, IMMUNITIES AND COST:
A. Any law enforcement officer of the participating agencies who
renders aid or exercises power pursuant to the expanded grant of
authority contained in this Agreement, has the same powers, duties,
rights, privileges, and immunities as if the law enforcement officer
was performing duties according to the standard scope of duties and
authority of the law enforcement officer.
B. If either agency furnishes equipment to be used pursuant to this
Agreement, it agrees to bear the cost of loss or damage to the
equipment, and further agrees to pay any expense incurred in the
operation and maintenance of the equipment, unless otherwise
provided in a subsequent written agreement.
C. The agency furnishing aid or exercising the expanded grant of
authority contained in this Agreement shail compensate its employees
during the time of the rendering of aid or exercise of the grant of
expanded authority and shall defray the actual travel and maintenance
expenses of its law enforcement officers while they are rendering aid
or acting pursuant to the grant of expanded authority, including any
amounts paid or due for the compensation for personal injury or
death.
D. The privileges and immunities from liability, exemptions from laws,
ordinances and rules, and pension, insurance, relief, disability,
worker's compensation, salary, death, and other benefits that apply
to the activities of a law enforcement officer of the parties when
performing his or her original or standard duties and acting under his
2
'..'-
'~
,
I
I
or her original law enforcement authority shall apply to the same
degree, manner, and extent while rendering aid or exercising power
pursuant to the expanded grant of authority contained in this
Agreement.
E. A request for assistance under this agreement shall be made by the
commander of the agency or his designee. Any law enforcement
officers of the participating agencies who render aid or exercise
power pursuant to the expanded grant of authority contained in this
agreement shall be under the direction and authority of their own
commanding officers.
F. Each party to this agreement shall, bear the costs and liability for its
own law enforcement officers, agents and/or employees arising from
acts undertaken pursuant to this agreement; and each agrees, to the
extent permitted by law, to indemnify and hold the other harmless of
and from any claims, lawsuits and/or causes of action arising out of
the acts, omissions and conduct of its own officers, agents and/or
employees. However, nothing contained herein shall be construed to
waive or modify the provisions of F.S. 768.28 as to any party hereto.
XI. FORFEITURES: It is recognized that during the course of the operation of
the Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act may be seized. The property shall be seized, forfeited, and
the proceeds equitably distributed among the participating agencies in
proportion to the amount of investigation and participation performed by
each agency.
XII. NO ORAL MODIFICATION: The parties agree that the obligations and
terms of this Agreement cannot be changed except by a subsequent written
agreement signed by both parties.
XIII. EFFECTIVE DATE: This agreement shall become effective on the date
the Director of the Division of Alcoholic Beverages and Tobacco of the
State of Florida Department of Business and Professional Regulation signs
the Agreement.
3
.. ,-"
-..
-- ...-.:-
'1, iii
')
CITY OF CLEARWATER
By:
~"; /N ~-- -
Cit~anager, City of Clearwater
3/)-)-;;;:,
Date
e-/o--.-<J 5 e.T7T' /Jf. -2)e-- p ~ fA
Printed Name of Person Signing
Attest:~~~. 14.>2...
C!ri iaE-; -GOOdeau,City Clerk
Approved as- to form ur'ld
Ie al sufficiency:
.~
J
DIVISION OF ALCOHOLIC
BEVERAGES AND TOBACCO
4-\-q~
Date
~"'''' :So \\l.t~,,~
Printed Name of Person Signing
;0/
i trict Supervisor, Division of
lcoholic Beverages and
Tobacco
l?? ~.L2 J: 11~7J.
-- /
Date
~
V (5 y:- -- ;n,4;-Q,.
Printed Name of Person Signing
4