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95-66RESOLUTION No. 95- 66 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF THE PINELLAS COUNTY INTERLOCAL MUTUAL AID ASSISTANCE AGREEMENT FOR POLICE SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act," authorizes law enforcement cooperation and assistance of a routine law enforcement nature across jurisdictional lines by and between such agencies; and WHEREAS, the City of Clearwater is desirous of entering into an agreement that allows voluntary cooperation by and between participating law enforcement agencies within Pinellas County; and WHEREAS, the City of Clearwater has deemed it to be in the best interests of its citizens to enter into the "Pinellas County Interlocal Mutual Aid Assistance Agreement for Police Services "; now therefore, 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 "Pinellas County Interlocal Mutual Aid Assistance Agreement for Police services,1Q a copy of which is attached hereto as Exhibit A, between the City of Clearwater and the other participating law enforcement agencies within Pinellas County. F2ection 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17 day of August , 1995. Approved as to farm and -A�k dtA'-44 le al sufficient - Rita Garvey 1 Mayor- Commissioner Robert Surette, Esq. Assistan City Attorney ktytest: 'ynt a Goudeafi ity Clerk I*ts -- 4G PINELLAS COUNTY INTERLOCAL MUTUAL AID ASSISTANCE FOR POLICE SERVICES' THIS AGREEMENT is made and entered into by and between the 'undersigned municipalities in Pinellas County, Florida, and Everett S. Rice, as Sheriff of Pinellas County; Florida. WITNESSETH: WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid* Act ", authorizes 'law enforcement agencies to enter into agreements for voluntary cooperation and assis- tance of a routine law enforcement nature across-, jurisdiction- al lines by and between such agencies; to such unlawful activi- ties; and WHEREAS, the u6der5ighed municipalities and sheriff recog- nize that an increasing number of criminals are operating across jurisdictional lines and that there is a need for a continuing multi- jurisdictional response to such unlawful activities; and WHEREAS, the undersigned municipalities and sheriff de-4 sire to secure the benefits of such mutual aid for their re- spective jurisdictions; and WHEREAS, the undersigned municipalities and sheriff deter- mine that it is in the best interest of the health, safety and welfare of the citizens of the undersigned municipalities and of the citizens of Pinellas County to enter into a Voluntary Cooperation Agreement; NOW,. THEREFORE, in consideration of the mutual covenants expressed herein and for other good and valuable considera- tion, receipt of which is hereby acknowledged, the parties hereto agree as follows: I.. Routine Law Enforcement Matters Any party to this agreement may request the volun- tary assistance and cooperation of any other party to this agreement relating to any routine law en- forcement matter involving more than one jurisdic- tion. II. In- Progress Crime Assistance Whenever a law enforcement officer from one juris- diction views a felony or a misdemeanor involving a breach of peace occurring in the cooperating juris- EXHIBIT A diction, the law enforcement officer may physically arrest the perpetrator and preserve the crime scene. Control of both the persons apprehended and the crime scene will be relinquished to the first available officer from the jurisdiction in which the incident occurs. Whenever remaining at the scene exposes either the officer or the subject to imminent physical danger, the subject and any physi- cal evidence may be transported or otherwise relo- cated in accordance with normal procedure. III. Voluntary Investigations on -duty officers from one jurisdiction may conduct investigations into criminal activity that occurs in their jurisdiction and make arrests related to those investigations in any of the undersigned, jurisdictions. If enforcement action is anticipat- ed, the „location and nature of the investigation will be told tb the agency's on -duty communication liaison person. IV. ' Traffic Control Assistance A. Whenever a traffic accident involving suspected injuries of a serious nature is reported to thek jurisdiction in which the accident occurred and that law enforcement agency is unable to pro- vide the immediate response necessary to render aid to the injured or prevent further injury, the cooperating agency may be contacted for assistance. The cooperation effort shall be restricted to necessary first aid and traffic direction. B. Hazardous Traffic Conditions Assistance 1. In a situation where automated traffic control devices located within the jurisdic- tional boundaries of one agency have mal- functioned and a traffic accident is immi- nent unless control is established immedi- ately, cooperation may be provided. 2. Where an incident occurs on a traffic -way or so near thereto that the potential for traffic accidents appears imminent, coopera- tion may be provided. C. The cooperative efforts for traffic accidents and /or hazardous traffic conditions outlined above shall be restricted to the necessary and standard traffic control and direction activi 2- ties and shall not include traffic enforce- ment. Control of the incident shall be immedi- ately relinquished to the first available offi- cer from the agency having jurisdictional re- sponsibility. V. Boating Violations officers of cooperating agencies may enforce all state boating laws and county boating ordinances on the waterways of another cooperating agency; provid- ed that such violations occur on waterways contigu- ous to and in view of the jurisdiction of the offi- cer's employing agency. In the case of a felony or a misdemeanor involving a breach of peace, control ! of the person(s) apprehended and the crime scene will be relinquished to the first available officer from the jurisdiction in which the incident oc- curs. Cases - .;evolving only a minor violation may be concluded at the scene by the issue of a Boating Citation or Notice to Appear. VI. Terms and Procedures A. A participating agency will answer a request for voluntary cooperation only to the extentb that the available personnel and equipment are not required for adequate protection of that agency. The'commander of the agency, or his designee, shall have the sole authority to determine the amount of personnel and equip - ment, if any, available for cooperative assis- tance. B. A request for voluntary cooperation shall be made by the commander of the agency or his designee. C. Voluntary cooperation can also be initiated by an on -duty officer who views an in- progress crime, traffic accident, or need for traffic control in the other cooperating agency. The supervising authority of that employee shall be notified immediately to enable that supervisor to authorize and direct actions taken by the employee. D. An officer taking voluntary action should noti- fy the communication liaison person in the assisted agency as soon as possible. The as- sisted agency shall relieve the assisting offi- cer(s) as soon as possible. 5912 Q_ -v E. Whenever the employees of any. law enforcement agency are rendering aid outside its jurisdic- tion and pursuant to the authority contained in, or to any written agreement entered under this part, such employees shall have the same powers, duties, rights, privileges, and immuni- ties as if they were performing their duties in the political subdivision in which they are normally employed. F. Law enforcement officers or employees respond- ing to a voluntary cooperation request shall be under the direction and authority of the com- manding officers of the agency to which they are called. G. All wage and disability payments, pensions, Workers' Compensation claims, and medical ex- pensgs shall be paid, by the employing agency, unless the' requesting agency is reimbursed by other authorities, persons or political enti- ties. H. Each agency shall be responsible for bearing its own costs associated with any loss or dam- age incurred to such jurisdiction's property ,4 equipment, or resources as a result of the use of such property during a voluntary cooperation situation. I. 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 unless such act was ordered by the officer directing the voluntary cooperation situation 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. In the event that an act or acts undertaken pursuant to this agreement is or- dered by the officer directing the voluntary cooperation situation, any costs and liability that might arise shall be the responsibility of the agency employing said officer. However, nothing contained herein shall be construed to waive or modify the provisions of F.S. 768.28 as to any party hereto, -4- 1"i � G J. This agreement shall be binding upop, the par- ties from the date of execution by a party hereto and shall continue in full force and effect until terminated as provided herein below. K. This agreement shall be binding upon the par- ties from the date of execution and shall con- tinue in full force and effect until January 1, 1999. However, any party hereto may withdraw or cancel such party's participation pursuant to this agreement without liability to any other parties hereto by providing written no- tice of such withdrawal no less than ten (10) days prior thereto, However, the withdrawal from or cancellation of this agreerent shall be effective only as to that party and this agree- ment shall remain in full force and effect as to those remaining parties hereto who have provided 'no' written notice or cancellation or withdrawal. L. Each agency that is a party to this agreement agrees to adopt the policy attached hereto and incorporated herein by reference, provided, however, that nothing herein shall prevent art agency administrator from adopting an internal policy which is more. restrictive than this model policy; as regards to his or her own personnel.' IN WITNESS WHEREOF, the parties hereto cause their signatures to be affixed: REMAINING PAGE BLANK -5- 9's �-,G