00-02
RESOLUTION NO. 00-02
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE
EXECUTION OF THE "MUTUAL AID AGREEMENT FOR
MARINE PATROL SERVICES"; 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 with the Pinellas
County Sheriffs Office that allows voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines; and
WHEREAS, the City of Clearwater has deemed it to be in the best interest
of its citizens to enter into the "Mutual Aid Agreement for Marine Patrol Services";
and
WHEREAS, Section 23.1225(3)(b), Florida Statutes, states that the mayor
or chief executive officer of a municipality may enter into a Mutual Aid Agreement
on behalf of a law enforcement agency if authorized by the governing body of the
municipality; now therefore,
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BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby authorizes the City Manager
on behalf of the Clearwater Police Department to execute the "Mutual Aid
Agreement for Marine Patrol Services," a copy of which is attached hereto,
between the City of Clearwater and the Pinellas County Sheriffs Office.
Section 2. This resolution shall take effect immediately upon adoption.
Approved as to form:
PASSED AND ADOPTED this 20thdayof January , 2000.
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Srf'an . Au~t - - .
Mayor-ComQ1issiQn.er
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Robert . Surette
Assistan City Attorney
Attest:
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Resolution 00-02
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MUTUAL AID AGREEMENT FOR MARINE PATROL SERVICES
THIS AGREEMENT is made and entered into this day of January, 2000 by and
between the CITY OF CLEARWATER, FLORIDA, a Florida municipality (hereinafter the CITY
OF CLEARWATER), on behalf of its Police Department, and EVERETT S, RICE, SHERIFF OF
PINELLAS COUNTY, FLORIDA (hereinafter the SHERIFF),
WITNESSETH:
WHEREAS, Section 23,1225(1), Florida Statutes, authorizes law enforcement agencies
to enter into agreements for rendering voluntary assistance of a routine law enforcement nature
to one another across jurisdictional lines; and
WHEREAS, the CITY OF CLEARWATER and the SHERIFF desires to secure the
benefits of such mutual aid for their respective jurisdictions; and
WHEREAS, the CITY OF CLEARWATER and the SHERIFF have determined that it is in
. the best interest of the health, safety and welfare of the citizens of the municipality and the
county to enter into a voluntary cooperation agreement.
NOW, THEREFORE, in consideration of the mutual covenants expressed
herein and for other good and value consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
1. The CITY OF CLEARWATER and the SHERIFF shall cooperate in
enforcement of the laws of the State of Florida and the SHERIFF will assist in the
enforcement of the ordinances in the CITY OF CLEARWATER, as the same shall
relate to the waterways, operation of boats, surfboards, vessels, waterborne
aircraft and other watercraft, within the municipal limits of the CITY OF
CLEARWATER.
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2. A law enforcement officer rendering assistance under this Agreement
~esolu.1t~n 00- O~
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shall have the same power, duties, rights, privileges and immunities as if he or
she were performing his or her duties in the jurisdiction in which he or she is
normally employed.
3. A request for voluntary cooperation shall be made by the commander of the agency
or his designee. Voluntary cooperation can also be initiated by an on-duty officer who views an
in-progress violation.
4. Law enforcement officers rendering assistance under this Agreement shall do so at
the direction of, and under the control of, an official designated by the agency which such officer
is a member.
5. The CITY OF CLEARWATER shall provide to the SHERIFF such dock space, office
space, and other materials and services as may be mutually agreeable to the CITY OF
CLEARWATER and the SHERIFF.
. 6. Law enforcement officers rendering assistance pursuant to this Agreement shall
complete written reports as if they were performing their duties in the jurisdiction in which they
normally serve, All reports shall be furnished upon request. Officers rendering assistance under
this Agreement shall further prepare such other reports as the CITY OF CLEARWATER may
reasonably require.
7. The SHERIFF shall assume all of his own operational costs and expenses in
providing assistance under this Agreement. No financial charge shall be made to the CITY OF
CLEARWATER for such assistance. Further, all pension, insurance, relief, disability, workers'
compensation, salary, death and other benefits which apply to the activities of officers, deputies
and members performing duties in the jurisdiction in which they normally serve shall apply to
the same manner, degree and extent while such officers, deputies, or members are rendering
assistance under this Agreement.
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8. The SHERIFF shall bear the liability for his deputies and members arising from acts
undertaken pursuant to this Agreement. It is understood that both parties to this Agreement are
governmental entities subject to the provisions of F.S. 768.28. Nothing contained herein should
be construed to waive or alter the limits of liability or other terms and conditions of that statute.
9. In no event shall this Agreement confer upon any person, corporation or entity,
whether private or governmental, the right to damages against either party to this Agreement,
except as expressly provided in this Agreement.
10, This Agreement shall be binding upon the parties from the date of full execution
hereof and shall continue in full force and effect until September 30,2005. However, either
party may terminate this Agreement by providing written notice of termination to the other not
less than thirty (30) days in advance of such termination,
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
SHERIFF OF PINELLAS COUNTY, FLORIDA
Witness
Everett S. Rice, Sheriff
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