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04-08 RESOLUTION NO. 04-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF THE "PINELLAS COUNTY INTERLOCAL MUTUAL AID AGREEMENT CONCERNING TRAFFIC ACCIDENT INVESTIGATIONS AND TRAFFIC ENFORCEMENT"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater pursuant to Section 23.1225(1 )(a), Florida Statutes, is desirous of entering into an agreement that allows voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines by and among participating law enforcement agencies within Pinellas County for the purpose of conducting accident investigations and traffic enforcement; and WHEREAS, the City of Clearwater has deemed it to be in the best interest of its citizens to enter into the "Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement"; and WHEREAS, Section 23.1225(3), Florida Statutes, states that the chief executive officer of an agency may enter into a Mutual Aid Agreement on behalf of a law enforcement agency if authorized to contractually bind the agency; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby authorizes the Mayor, City Manager, and Chief of Police on behalf of the Clearwater Police Department to execute the "Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement," a copy of which is attached hereto, between the City of Clearwater and the other participating law enforcement agencies within Pinellas County. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th day of April, 200 Approved as to form: Attest '/;y~r/~jjUL-~ {};)..ri3 a,' GplJijeau ' () - ~ltyClerk, ' Resolution 04-08 PINELLAS COUNTY INTERLOCAL MUTUAL AID AGREEMENT CONCERNING TRAFFIC ACCIDENT INVESTIGATIONS AND TRAFFIC ENFORCEMENT THIS AGREEMENT is made and entered into by and between the undersigned municipalities in Pinel/as County, Florida and Everett S. Rice, as Sheriff of Pinellas County, Florida. WITNESSETH: WHEREAS, Florida Statute 23.1225(1 )(a) provides for written voluntary cooperation agreements between two or more law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and, WHEREAS, Pinellas County is densely populated and contains a large number of municipalities which share common borders with each other and with unincorporated areas of the county; and, WHEREAS, the Sheriff and the undersigned municipalities determine it is in the best interest of the health, safety and welfare of all citizens of Pinellas County to enter into a Voluntary Cooperation Agreement concerning traffic accident investigation and traffic enforcement. NOW, THEREFORE, the undersigned parties agree as follows: The purpose of this mutual aid agreement is to define law enforcement cooperation on streets, roads, or other traveled ways, including the right-of-way thereof, which are adjacent to or which form the boundary between municipalities who are parties to this agreement or between a municipality and an unincorporated portion of Pinellas County. Such streets, roads, or other traveled ways, including the rights-of-way thereof which are adjacent to or which form the boundary between municipalities who are parties to this agreement or between such municipality and an unincorporated portion of the county are described hereinafter as contiguous ways. I. Hazardous Traffic Conditions Where an automated traffic control device located on a contiguous way has malfunctioned and such malfunction poses a hazard to vehicular or pedestrian traffic, an on-duty, uniformed, officer of an adjacent municipality may immediately commence to divert or direct traffic or take such other action as is reasonably necessary to reduce the hazard to the traveling public. Such officer shall immediately notify the agency in whose jurisdiction the device is located of the malfunction and the action being taken. Upon arrival of an officer from the agency with original jurisdiction, the cooperating officer shall relinquish control of the area, II. When a traffic accident occurs on a contiguous way, a uniformed, on- duty officer from the adjacent municipality may commence necessary first aid and traffic control. The officer on the scene shall contact the jurisdiction in which the accident occurred. If that jurisdiction advises they are unable to dispatch an officer to the scene within twenty (20) minutes of the contact, the officer on the scene shall proceed to work the accident, to issue any and all necessary citations, notices to appear or to effect arrests; collect and preserve evidence, and/or to take such action as is necessary and appropriate to protect the health and safety of the public as such may be appropriate to the particular circumstances. The jurisdiction taking law enforcement action shall, at the conclusion of the event, notify the jurisdiction in which the event occurred of the law enforcement action taken. III. When a uniformed, on-duty, officer of a municipality observes a traffic infraction occurring on a contiguous way, such officer may take appropriate action to enforce the traffic laws of the state. Such officer shall promptly notify the jurisdiction in which the violation occurred of incident and the action taken. IV. The terms of this agreement as set forth above shall constitute the procedures for requesting and for authorizing assistance, No formal request or authorization except as set forth above shall be necessary to implement this agreement for voluntary cooperation. 2 V. On-duty municipal law enforcement officers enforcing traffic laws and conducting traffic accident investigations pursuant to this section shall be under the direction and authority of the commanding officers of their employing agency. VI. All fines shall accrue to the municipality or unincorporated area where the offense occurred. In order to facilitate the proper disposition of fines, each ticket written by municipal officers shall indicate the name of the city in which the infraction occurred or, if the incident occurred in the unincorporated area of the county, the ticket should note that clearly on the face thereof. VII. The proceeds of any forfeiture action arising out of any law enforcement action described in paragraphs II or III above shall be shared equally between the agency taking the law enforcement action and the agency having original jurisdiction, VIII. All wage and disability payments, pensions, workers compensation claims, and medical expenses shall be paid by the officer's employing agency, IX. Whenever the employees of any law enforcement agency are rendering aid outside their municipal jurisdiction pursuant to the terms of this agreement, such officers shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they are employed. X. Each agency shall be responsible for bearing its own costs associated with any loss or damage incurred to that jurisdiction's property, equipment or resources as a result of the use of such property in voluntary cooperation pursuant to this agreement. XI. Each party hereto shall bear all court costs, defense costs, liability costs and all other costs of whatever kind or character arising out of acts or omissions undertaken by its officers pursuant to this agreement. Each party to this agreement agrees to the extent permitted by law, to indemnify and hold the others harmless 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. 3 Nothing contained herein shall be construed to waive or modify the provisions of F.S, 768.28 as such is applicable to any party hereto. XII. This agreement shall be binding upon the parties from May 1, 2004 and shall continue in full force and effect until January 1, 2005. However, any party hereto may withdraw or cancel such party's participation in this voluntary cooperation mutual aid agreement without liability to any other party hereto by providing written notice of such withdrawal no less than ten (10) days prior to such withdrawal. However, the withdrawal from or cancellation of this agreement shall be effective only as to that party and this agreement shall remain in full force and effect as to those remaining parties who have not provided written notice of cancellation or withdrawal. IN WITNESS WHEREOF, the parties hereto cause their signatures to be affixed, REMAINING PAGE BLANK 4 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, I hereby set my hand and seal: PINELLAS COUNTY SHERIFF'S OFFICE EVERETT S. RICE, Sheriff STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared EVERETT S. RICE, Sheriff of Pinellas County, Florida, who is personally known to me and who acknowledged he executed the foregoing agreement. Signature Title Type, Print, Stamp Name Serial No. My commission expires: 5 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by Resolution 04-08 , we hereby set our hand and seal. ATTEST: CITY OF CLEARWATER City Clerk, Cynthia E. Goudeau Mayor, Brian J. Aungst APPROVED AS TO FORM City Manager, William B. Horne II Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of Clearwater, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of Clearwater, and the same is the act and deed of that City. Signature Title Type, Print, Stamp Name Serial No. My commission expires: 8 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by Belleair Town Commission, we hereby set our hand and seal. ATTEST: TOWN OF BELLEAIR City Clerk Mayor APPROVED AS TO FORM City Manager City Attorney Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the Town of Belleair, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the Town of Belleair, and the same is the act and deed of that City. Signature Title Type, Print, Stamp Name Serial No. My commission expires: 6 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by , we hereby set our hand and seal. ATTEST: CITY OF BELLEAIR BEACH City Clerk Mayor APPROVED AS TO FORM City Manager City Attorney Law Enforcement Agency Head / STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of Belleair Beach, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of Belleair Beach, and the same is the act and deed of that City. Signature Title Type, Print, Stamp Name Serial No, My commission expires: 7 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by City Council, we hereby set our hand and seal. ATTEST: CITY OF GULFPORT City Clerk City Manager APPROVED AS TO FORM City Attorney Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of Gulfport, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of Gulfport, and the same is the act and deed of that City. Signature Title Type, Print, Stamp Name Serial No. My commission expires: 9 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by Indian Shores Town Council, we hereby set our hand and seal. ATTEST: TOWN OF INDIAN SHORES City Clerk Mayor APPROVED AS TO FORM City Attorney Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the Town of Indian Shores, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the Town of Indian Shores, and the same is the act and deed of that City. Signature Title Serial No. Type, Print, Stamp Name My commission expires: 10 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by , we hereby set our hand and seal. ATTEST: TOWN OF KENNETH CITY Mayor City Clerk APPROVED AS TO FORM City Attorney Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the Town of Kenneth City, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the Town of Kenneth City, and the same is the act and deed of that City. Signature Title Serial No. Type, Print, Stamp Name My commission expires: 11 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by Largo City Commission, we hereby set our hand and seal. ATTEST: CITY OF LARGO City Clerk Mayor APPROVED AS TO FORM City Manager City Attorney Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of Largo, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of Largo, and the same is the act and deed of that City. Signature Title Type, Print, Stamp Name Serial No. My commission expires: 12 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by City of Pinellas Park, we hereby set our hand and seal. ATTEST: CITY OF PINELLAS PARK City Clerk Mayor APPROVED AS TO FORM City Manager City Attorney Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of Pinellas Park, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of Pinellas Park, and the same is the act and deed of that City. Signature Title Type, Print, Stamp Name Serial No. My commission expires: 13 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by , we hereby set our hand and seal. ATTEST: City Clerk APPROVED AS TO FORM City Attorney STATE OF FLORIDA COUNTY OF PINELLAS CITY OF ST. PETE BEACH Mayor City Manager Law Enforcement Agency Head Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of St. Pete Beach, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of St. Pete Beach, and the same is the act and deed of that City. Signature Type, Print, Stamp Name My commission expires: Title Serial No. 14 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by , we hereby set our hand and seal. ATTEST: CITY OF ST. PETERSBURG City Clerk Mayor APPROVED AS TO FORM Chief of Police City Attorney STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of St. Petersburg, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of St. Petersburg, and the same is the act and deed of that City. Signature Title Type, Print, Stamp Name Serial No. My commission expires: 15 In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by , we hereby set our hand and seal. ATTEST: City Clerk APPROVED AS TO FORM City Attorney STATE OF FLORIDA COUNTY OF PINELLAS CITY OF TARPON SPRINGS Mayor City Manager Law Enforcement Agency Head Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of Tarpon Springs, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of Tarpon Springs, and the same is the act and deed of that City. Signature Type, Print, Stamp Name My commission expires: Title Serial No. 16 , . In acknowledgment and execution of the Pinellas County Interlocal Mutual Aid Agreement Concerning Traffic Accident Investigations and Traffic Enforcement, pages one through four inclusive, as authorized by , we hereby set our hand and seal. ATTEST: CITY OF TREASURE ISLAND City Clerk Mayor APPROVED AS TO FORM City Manager City Attorney Law Enforcement Agency Head STATE OF FLORIDA COUNTY OF PINELLAS Before me, this day of 2004, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared the above officials of the City of Treasure Island, a municipal corporation of Florida, who are known to me and who acknowledged they executed the foregoing Agreement as the proper officials of the City of Treasure Island, and the same is the act and deed of that City. Signature Title Type, Print, Stamp Name Serial No. My commission expires: 17