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90-22 , . - e' e RESOLUTION NO. 90-22 A RESOLUTION OF THE CITY COff-lISSION 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,n 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 which 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 IIPinellas 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 appropriate City officials to execute the "Pinellas County Interlocal Mutual Aid Assistance Agreement for Police Services," 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. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 7th day of June, Attest: . H , . '.. . '. ~.., - . . .~ :<~...... T'~"".:~ P:- ~ ,..' ",. '<"". ,. ~ " . .J " .,,' :"'.\' .......; .. e - ..~ ... 3 the first available officer from the jurisdiction in which the incident occurs. Cases involving only a minor violation may be concluded at the scene by the ~ssue of a Boating citat~on or Notice to Appear. VI. Terms and Procedures A. A participating agency will answer a request for voluntary cooperation only to the extent 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 equipment, if any, available for cooperative assistance. 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. O. An officer taking voluntary action should notify the communications liaison person in the assisted, agency as soon as. possible. The assisted agency shall relieve the assisting officer(s) as soon as possible. E. Whenever the employees of any law enforcement agency are rendering aid outside its jurisdiction 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 immunities as if they were performing their duties in the political subdivision in which they are normally employed. F. Law enforcement"officers or employees responding to a voluntary cooperation request shall be under the direction and authority of the commanding officers of the agency to which they are called. G.. All wage and disability payments, pensions, Workers' Compensation claims, and medical expenses shall be paid by the employing agency, unless the requesting agency is reimbursed by other authorities, persons or political entities. Ii. . . Each agency shall be responsible for bearing its own " ' '" , . i, ' .. II o - costs associated with any loss or damage incurred to such jurisdiction's property, 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 pe~~itted 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 ordered 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. J. This agreement shall be binding upon the parties from the date of execution by a party hereto and shall continue in full force and effect until terminated as . provided hereinbelow. K. 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 notice of such withdrawal no less than ten (~O) days prior thereto. 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 hereto who have provided no written notice of cancellation or withdrawal. L. Each agency that is a party to this agreement agrees to 'adopt the attached policy, provided, however, that nothing herein shall prevent an agency administrator from adopting an internal policy which is more restrictive than this model policy, as regards his or her own personnel. 4 " , " , ' . ,., " ?~~~~~~~, ;~mW~'(h~~,&~~{" ... . ~~ ., ..,~) .~l' ~~""iIT~ ~~9f \ '~; .. h '. .r~ .".. '..'~. Ji-." .. ,n. ..Y :~. ,,, ,'\0\,1.. ... " ....; T.... ..<('. ;':. .,-I~~e~'.' ..~.-:r,~;.~'.~~ 1o~~,J~~,:"'.O~: ,'., ..~'-:..,-:/p .."~.... " - In acknowledgement and execution of the PINELLAS COUNTY INTERLOCAL MUTUAL AID ASSISTANCE AGREEMENT FOR POLICE SERVICES pages one through four inclusive, as authorized by Resolution #90-22 on June 7, 1990, we hereby set our hand and seal. By: Mayor (Corporate Seal) By: City Manager By: Law Enforcement Agency Head ATTEST: City Clerk Appro~~~ as to form: City Attorney STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared the above officials of the City of Clearwater, a municipal corporation of Florida, 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. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in pinellas County, Florida on June 7, 1990. (Seal) Notary Public . My Commission Expires: "'~ :.