98-59
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'RESOLUTIONS
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Resolution No, 98-59
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA, AUTHORIZING THE
EXECUTION OF A MUTUAL AID AGREEMENT BETWEEN
THE CITY OF CLEARWATER AND THE PINELLAS COUNTY
SHERIFf'S OFFICE; PROVIDING AN EFFECTIVE DATE.'
WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid
Act," authorizes a mayor or Chief Executive Officer of a municipality on behalf of a
law enforcement agency to enter into a mutual aid agreement if approved by the
governing body of the municipality; and
WHEREAS, the City of Clearwater is desirous of entering into an agreement
that allows cooperation by and between the Clearwater Police Department and the
Pinellas County Sheriff's Office for Marine Patrol services; and
WHEREAS, the City Commission of the City of Clearwater has deemed it to
be in the best interest of the citizens to enter into a Mutual Aid Agreement with the
Pinellas County Sheriff's Office for Marine Patrol services; now therefore,
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BE IT RESOL \lED 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
between the Clearwater Police Department and the Pinellas County Sheriff's Office
for Marine Patrol services, a copy of which is attached hereto as Exhibit A.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th
, 1998.
Rita Garvey
Mayor-Commissioner
Attest:
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Resolutlon 98~59
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MUTUAL AID AGREEMENT FOR VOLUNTARY COOPERATION
THIS AGREEMENT Is made and entered Into this _ day of October, 1998,
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by and between the CITY OF CLEARWATER, FLORIDA, a Florida munIcipality
'(hereinafter the CITY OF CLEARWATER), on behalf of its Pollee Department, and
. . . .
EVERETT S. RICE, SHERIFF OF PINELLAS COUNTY, FLORIDA (hereinafter the
SHERIFF).
WITNESSETH:
WHEREAS, Section 23.1225(1), Florida Statutes, authorizes law
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enforcement a'gencies 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 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
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acknowledged, the parties agree as follows:
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Exhibit A
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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.
2. A law enforcement officer rendering assistance under this Agreement
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.
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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 prl)vide 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.
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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 CLEARATER 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, reHef. 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
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the same manner, degree and extent while such officers, deputies, or members
are rendering assistance under this Agreement.
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 entitles 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.
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10. This Agreement shall be binding upon the parties from the date of full
execution hereof and shall contJnue In full force and effect untJJ September 30,
1999. 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.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By'
Michael J. Roberto
City M~nager
Attest:
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'Approved as to Form
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Robert J. urette
Cynthia E. Goudeau
Clerk
SHERIFF OF PINELLAS COUNTY, FLORIDA
Witness
Everett S. Rice, Sheriff '
MUTUAL AID AGREEMENT FOR VOLUNTARY COOPERATION
CITY OF CLEARWATER AND SHERIFF EVERETT S. RICE.
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