MEMORANDUM OF UNDERSTANDING INVOLVING AN EVIDENCE LOCKER0 MEMORANDUM OF UNDERSTANDING INVOLVING AN EVIDENCE
LOCKER
BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, AND THE
CLEARWATER POLICE DEPARTMENT, CLEARWATER, FLORIDA
THIS MEMORANDUM OF UNDERSTANDING IS FOR THE USE OF ONE
(1) EVIDENCE LOCKER located inside the Clearwater Police Department -
District III, Clearwater, Florida, located at 2851 N. McMullen Booth Road,
Clearwater, FL 33761, hereinafter referred to as "Agreement," was made and entered
into by and between the DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO, hereinafter referred to as "Division" and CLEARWATER POLICE
DEPARTMENT - DISTRICT III, Clearwater, Pinellas County, Florida, hereinafter
• referred to as "CPD."
WITNESSETH:
WHEREAS, the law enforcement agencies have the responsibility of protecting
lives and property and keeping the peace; and
WHEREAS, the Division and CPD have determined that in order to provide the
maximum possible protection for the lives and property of the citizens within their
respective jurisdictions and boundaries, it is necessary to cooperate to fully utilize
available resources; and
WHEREAS, it is necessary and desirable that the present Agreement be executed
for the purposes of realizing a more efficient use of the state resources in the support of
0 the overall law enforcement mission; and
WHEREAS, the purpose of this Agreement is to establish the terms and
conditions under which CPD, District III may provide to the Division law-enforcement
assistance in form of permission to use one (1) evidence locker located within the CPD -
District III Station, within the territorial jurisdiction of Pinellas County, Florida, for a
period of four (4) years, effective upon the execution by both parties of the present
Agreement.
NOW THEREFORE, in order to carry out the purposes and functions described
above, and in consideration of the benefits to be received by each of the parties, the
parties agree as follows:
SECTION I: DEFINITIONS
The following terms shall have the following meanings, unless the context or state statute
• or state rule requires or indicates otherwise:
A. Division, The Division of Alcoholic Beverages and Tobacco, pursuant to
Section 20.165(9), Florida Statutes.
B. CPD, Clearwater Police Department, pursuant to Section 943.10(4)
Florida Statutes.
C. Evidence locker. A metal built cabinet capable of secure locking, located
in an access area restricted to CPD - District III employees and Division's authorized
agents at the CPD - District III Station in Clearwater, Pinellas County, Florida
D. Division's authorized agents. Special agents or other law enforcement
personnel of the Division designated by the Division's Tampa District Office, provided
that such agents' names are communicated 24 hours in advance to the CPD - District III.
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E. Law Enforcement Assistance. The continuing permission from CPD -
District III to Division's authorized agents to access the evidence locker located at the
CPD - District III Station in Clearwater, for purposes of temporary storing evidence. The
term also includes the following: permission to allow any authorized agent of the
Division to bring in, store, lock inside the evidence locker any evidence obtained while
operating within the territorial jurisdictional limits of Pinellas County; or unlock and
retrieve and take any such evidence stored in the locker.
F. Restricted Access Area (RAA). A part of the CPD - District III in Clearwater,
Pinellas County that is accessible exclusively to CPD employees and authorized agents of
the Division.
SECTION II: PARTICIPATION
• Participation in this Agreement is purely voluntarily and at the sole discretion of the CPD
- District III in Clearwater, Pinellas County, Florida. CPD may terminate this Agreement
at any time upon written notification sent to the Division. The Division shall have the
primary responsibility concerning any issues regarding the stored evidence. However,
CPD agrees to maintain the evidence locker in a restricted access area (RAA) with access
limited to CPD and Division's authorized employees.
SECTION III: GENERAL NATURE OF ASSISTANCE
Assistance shall be limited to the continuing permission from CPD to Division's
authorized agents to use the evidence locker for purposes of temporary storing evidence,
except for hazardous materials or narcotics, the storage of which is prohibited. This
permission is given with respect to all reasonably necessary acts to bring the evidence
• inside the restricted access area (RAA), to physically put it in the locker and to lock the
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• locker. Further, continuing permission is given to Division's agents to enter the restricted
area, unlock the evidence locker, retrieve any evidence thereof, and lock the evidence
locker upon departing the restricted access area (RAA). The execution of the Agreement
shall not create an affirmative duty to respond on the part of either party. There is no
affirmative duty of CPD to assist any agent of the Division with any acts regarding
storing the evidence in the evidence locker. The Division and CPD have the absolute
discretion to decline to provide or decline to accept any assistance authorized by this
Agreement and the CPD can withdraw from the current Agreement at any time without
incurring any liability.
SECTION IV. MISCELLANEOUS PROVISIONS
The Division shall provide the names, and telephone numbers of its staff who have the
• authority to use the evidence locker located at the CPD - District III in Clearwater,
Pinellas County, Florida at least twenty-four hours (24), before any such agent will be
allowed to actually use the evidence locker. The Division Director or his designee shall
be able to inspect the restricted access area (RAA) and the evidence locker, upon
reasonable notice, for purposes of assessing the conformity of the locker with the
Division's policy regarding storing evidence. In case that technical problems with the
locker occur, Division will have the permission to send qualified maintenance personnel
to repair or replace the locker, provided that the Division identifies and provides in
advance the name of the maintenance personnel to the CPD, and such maintenance
personnel is accompanied in the restricted access area (RAA) at all times by an
authorized agent of the Division during the necessary repairs.
• SECTION V: POLICY AND PROCEDURE
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•
throughout the City of Clearwater and Pinellas County and that said jurisdiction is not
A. It is understood by each party that the Division and enjoys jurisdiction
conditioned upon or pursuant to this Agreement.
B. The employees, resources, or facilities that are assigned by either party
shall be under the immediate command of a supervising officer designated by that party.
SECTION VI: COSTS.
A. The Division while providing any equipment necessary for implementing
this Agreement shall bear the cost of loss or damage to such equipment and shall pay
exclusively any expense incurred in the operation and maintenance of the evidence
locker.
B. Nothing herein shall prevent the CPD from requesting reimbursement
•
from the Division for any actual costs or expenses incurred by the CPD while assisting
the authorized agents of the Division when additional assistance is offered and accepted
pursuant to this Agreement.
SECTION VII: EFFECTIVE DATE
This Agreement shall take effect after execution and approval by the parties designees
with signing authority and shall remain in full force and effect for four (4) full years, or
until January 1, 2011, whichever occurs later, unless terminated prior thereto by either
party herein.
SECTION VIII: CANCELLATION
A. This Agreement may be canceled by either party upon delivery of written
•
notice to the other party. Cancellation will be at the discretion of any of the parties.
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B. If any portion of this Agreement is declared void by a court of law, all
other provisions will remain in full force and effect.
C. All parties will comply with all laws, ordinances, and regulations
applicable to the work required by this Agreement.
D. This Agreement does not create any relationship with, or any rights in
favor of, any third party.
F. This Agreement constitutes the entire agreement and supersedes all prior
written or oral agreements, understandings, or representations.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
in several counterparts, each of which shall be deemed an original, as of the day and year
first above set forth.
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Division of Alcoholic Beverages Clearwater Police Department
Clearwater, Pinellas County, Florida
I a 17 01 ?D?l/?7
Date Date
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