99-26
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Resolution No. 99.26
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF
A MUTUAL AID AGREEMENT FOR COOPERATION BETWEEN
THE CITY OF CLEARWATER AND THE PINELLAS COUNTY
SHERIFF'S OFFICE DURING CIVIL DISTURBANCES AND
OTHER EMERGENCIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater pursuant to Section 23.1225(1 }(b),
, Florida Statutes, is desirous of entering into an agreement that allows
cooperation by and between the Clearwater Police Department and the Pinellas
County Sheriffs Office during civil disturbances or other emergencies; and
WHEREAS, the City of Clearwater has deemed It to be in the best Interest
of its citizens to enter into such a Mutual Aid Agreement with the Pinellas County
Sheriffs Office; 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,
.... .
,
.....-/
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby authorizes the Mayor on behalf
of the Clearwater Police Department to execute a Mutual Aid Agreement
between the City of Clearwater and the Pinellas County Sheriffs Office whereby
each may render law enforcement assistance to the other during civil
disturbances or other emergencies. A copy of the Agreement is attached hereto.
Section 2. This resolution shall take effect Immediately upon adoption.
PASSED AND ADOPTED this 15th day of
1999.
April
Approved as to form:
NJ-da ~I-WPr
Robert . urette ,
Assistant City Attorney
Bria{(~J ~
Mayor-Commissioner
,.-}
Attest:
r~ ~~(L~ z N~.~Q.u~
Cy~t ~ia E. Goudeau
City'''jlerk
Resolution 99-26
()
.".....
MUTUAL AID AGREEMENT
THIS AGREEMENT is made and entered into by and between
the CITY OF CLEARWATER, a Florida municipality (hereinafter
"MUNICIPALITYII) on behalf of its police department and EVERETT
S. RICE, SHERIFF OF PINELLAS COUNTY, FLORIDA (hereinafter
"SHERIFF").
WITNESSETH:
WHEREAS, MUNICIPALITY and the SHERIFF desire to secure
the benefits of such mutual aid for their j-;!'isdictions; and
WHEREAS, MUNICIPALITY and the SHERIFF determine it in the
best interest of the health, safety and welfare of the citizens
of the municipality and the county to enter into an Operational
~""~ ".
Assistance Agreement, and
.
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WHEREAS, the MUNICIPALITY and the SHERIFF have the author-
ity, pursuant to the provisions of Part I, Chapter 23, Florida
Statutes, (1997), the Florida Mutual Aid Act, to enter into an
Operational Assistance Agreement whereby each agency may re-
quest and render law enforcement assistance to the other during
emergencies under s. 252.34, Florida statutes, other law en-
forcement emergencies, including, but not .limited to, the
following:
A. Civil affray and disobedience, disturbances, riots,
large protest demonstrations or controversial trials.
B.
Any natural or man-made disaster.
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C. Incidents which require rescue operations and crowd
and traffic control measures such as activities related to
large scale evacuations, aircraft and ship disasters, fires,
explosions, gas line leaks, radiological incidents, train
wrecks and derailments, chemical and hazardous waste spills,
and major electrical power failures.
D. Terrorist activities including acts of sabotage.
E. Escapes from and disturbances wi thin any local or
state detention facilities.
F; Hostage and barricaded subject situations.
G. Incidents requiring utilization of specialized units;
e.g., underwater recovery, aircraft, ordnance disposal, crisis
.~) management teams, and emergency response teams.
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
agree as follows:
1. MUNICIPALITY and SHERIFF shall assist each other in
law enforcement emergencies by providing personnel and equip-
rnent pursuant to the terms of this Agreement. A" law enforce-
ment emergency" is any situation which exceeds the capability
of the local agency to counteract effectively.
2. Upon a request for assistance to SHERIFF or his
authorized representative by the Chief of Police of MUNICIPALI-
TY or his authorized representative, the law enforcement person-
()
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.............-...-..~.....-...~>iIo..IP:...-....................~______
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nel and equipment of SHERIFF shall be dispat.ched to the locQ-
tion within CITY OF CLEARWATER specified in the request.
3. Upon a request for assistance to the Chief af Police
of CITY OF CLEARWATER or his authorized representative by
SHERIFF or his authorized representative, the law enforcement
personnel and equipment of MUNICIPALITY shall be dispatched to
the location within Pinellas County specified in the request.
4. A request for ass istance made under this Agreement
shall specify the number of personnel and type and amount of
equipment needed, the location to which the personnel and
equipment are to respond and the official to whom they are to
report.
Nevertheless, the number of personnel and amount and
.0;...-'....
type of equipment which are actually furnished shall be deter-
mined by the party to whom the request is made.
5. A law enforcement officer rendering assistance under
this Agreement shall have the same powers, 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 normal-
ly employedj provided, however, such powers are limited to, and
are to be exercised by the officer only while, responding to a
request for assistance under this Agreement.
6. 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 requesting party;
provided, however, no officer rendering assistance shall be
()
required to perform any act which would violate standard operat-
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ing procedure or supervisory guidelines in the jurisdiction in
which he is normally employed.
7. If requested, law enforcement officers rendering
assistance shall assist in the transportation and processing of
. prisoners in situations involving mass arrests and, if neces-
sary, in the operation of temporary detention facilities.
B. The responding party's personnel and equipment shall
be released by the requesting party when assistance is no
longer needed or when such personnel and equipment are needed
in the jurisdiction in which they normally furnish police
protection.
Should the need arise, the Chief of Police of
.......-....,
MUNICIPALITY or SHERIFF, or their authorized representatives
may, at any time, recall personnel and equipment to the juris-
diction in which they are normally employed.
9. Resources which may be available under this Agreement
shall include, but are not limited to, personnel, marked or
unmarked vehicles, 4-wheel drive vehicles, police patrol boats,
K-9 units, aircraft, and national/state/county/city computer
networks.
10. Law enforcement officers rendering assistance shall
complete written reports as if they were performing their
duties in the jurisdiction in which they are normally em-
played.
Copies of these reports shall be furnished to the
agency requesting assistance wi thin a reasonable time.
Addi-
tionally, officers rendering assistance shall prepare such
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other reports as the agency requesting assistance may reason-
ably require.
11. Each party shall assume all of its own operational
costs and expenses in providing assistance under this Agree-
ment. No financial charge shall be made by either party for
mutual aid assistance provided under this Agreement. Further,
all pension, insurance, relief, disability, workers' compensa-
tion, salary, death and other benefits which apply to the
activities of officers, agents and employees performing duties
in the jurisdiction in which they are normally employed shall
apply to the same manner, degree and extent while such offi-
cers, agents and.employees are rendering assistance under this
Agreement. Notwithstanding the above, nothing contained herein
is intended to limit either party's right to reimbursement for
eligible costs as permitted by law.
12. Each party to this Agreement, to the extent permitted
by law, shall bear the liability for its own law enforcement
officers, agents and/or employees arising from acts undertaken
under this Agreement, and each agree 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/or conduct of
its own officers, agents and/or employees. Such indemnifica-
tion shall include costs, attorney's fees and any sums paid in
satisfaction of a claim or judgment. This paragraph shall not
be construed as a waiver of any of the defenses or limitations
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r--.., available to either party pur:9uant to pection 76B. 28, Florida
Statutes, as the same may be amended from time to time.
13. Nothing herein shall be deemed to transfer any legal
or equi~able ownership of any equipment utilized pursuant to this
Agreement from one party to the other. Further, nothing herein
shall be deemed to confer any agency or employer/employee
relationship or status upon the personnel of either party while
providing assistance to the other party under this Agreement.
14. A party shall not be required to respond to a request
for assistance if, in the opinion of that party, providing the
assistance would interfere with or jeopardize the police
protection and safety of the citizens or property within the
jurisdiction normally served by that party, or if the requested
'....--'
assistance is otherwise unavailabl~.
15. Nothing in this Agreement is intended to be, nor shall
it be construed to be, a relinquishment or transfer, expressly or
by implication, of any of the powers or functions of either
party.
16. In no event shall this Agreement confer upon any
person, corporation, or entity, whether pr! vate or government,
the right to damages against the responding party for any acts,
omissions or conduct, except as expressly provided in this
Agreement.
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17. This Agreement shall be binding upon the parties from
the date of full execution hereof and shall continue in full
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force and effect until Jan~ary 1, 2005. However, either party may
terminate said Agreement prior to the date stated above by
providing written notice of such termination to the other party
thirty (30) days in advance of such termination.
THE REMAINDER OF THIS PAGE IS BLANK
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OPERATIONAL ASSISTANCE AGREEMENT
City of Clearwater, Florida and Everett S. Rice,
Sheriff of P1nellas County
ATTEST:
City Clerk
Witness
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-~~--.---
Signature Page
CITY OF CLEARWATER, FLORIDA
Mayor
Date
Chief of Police
Date
as to Content
orney/Designee
SHERIFF OF PINELLAS COUNTY, FLORIDA
By:
EVERETT S. RICE, Sheriff
Date
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OPERATIONAL ASSISTANCE AGREEMENT
City of Clearwater, Florida and Everett S. Rice,
Sheriff of Pinellas County
Signature Page
ATTEST:
CITY OF CLEARWATER, FLORIDA
City Clerk
Mayor
Date
Chief of Police
Date
s to Form
rney/Designee
as to Content
orney/Designee
SHERIFF OF PINELLAS COUNTY, FLORIDA
,
witness
By:
EVERETT S. RICE, Sheriff
Date
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