96-23� �
Resolution No. 96-23
A RESOLUTION OF TI� CiTY COMMISSION OF TI� CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A MUTUAL AID AGREEMENT
BETWEEN Tf� CTTY OF CLEARWA'T�R AND THE DMSION OF ALCOHOLIC
BEVERAGES AND TOBACCO OF THE STATE OF FLORIDA DEP?►RTMENT OF
BUSINESS AND PROFESSIONAL REGULATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act;"
authorizes law enforcement cooperation and assistance by and belween agencies participating in a
l�itrtual Aid Ageement; and
WHEREAS, Phe Ciry of Cleazwater is desirous of entering into an agreement that allows
r,00peratisn by and b�d.ween the Clearvvater Police I)�partment and the Division of Alcoholic
�evesages and Tobacco of the State of Florida 13�artmeirt of Business znd Proi°essional
kLegulatian; and
WHERFISS, the �ity aiF �learwater has deemed it to be in the best interest of the citizens
to enter uato a Mutual Aid Agc�ment with the Division of Atcoholic Beverages and Tobacco; now
therefore, �
�E Ti' R�SOLVED �Y 3"f�E CITY CONIlVdI35ION O�' T�-IE CT�'Y OF CLE�►RWATER,
FLORIDA:
Seceion 1. The City �ammissicm hereby au3horizes the City NYanager on h�hsif of t6ie
Cleanvater Police I?�amnent Ea execute the Muhzal Aid t�greems�t 6s2ween tha Clearwater Police
Departm�nt and fiae I)ivisiara of Alcoholic Beverages aa�d Tobacco of the Sta�s oF Fdorida
Depaa�m:�sai of k3eas�ness and Professiomal Regulation, a copy of wiuch is attached hereto as Ekhibie
A.
Section 2, llus resolution shall take effect immediately upon adap4ion.
PASSED AND ADOP'I ED this � 1 cr_ day of 1996.
Appzov�cl as to form and
legal suf�cie,ncy: Rita Garvey
May�r-Commissirn�er
6-
Robere 3. n etts, Esq.
.��ssistane �cty l�tYornay Attest:
� ..£�.s�_
Gynti a E, Caoudeau
City Clerk
Resolution 96-23
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MUTUAL AID AGREENIENT BETVNEEPV THE
CITY OF CLEARWA�'ER AND THE
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
I. PARTIES: This Agreement is entered into by and between ihe City of
Clearwater, Florida (hereinafter refier�ed to as "CiYy") and the Division of
Alcoholic Beverages and Tobacco of the Siate of Florida Department of
Business and Professional Reguiation (hereinafter refierred to as °A�T") on
the date set forth below:
II. ��DRPOSE: City and ABT recognize the need for mutual assistance to better
carry out 8he mission of each agency during ihe "Spring �reak" per6od in
Clearenrater, Florida. Accordingly, City intends to grant certain lau�
enforcement autharity to specifically narn�d agent� of A�T, an� A�T' agrees
to provide assistance to the CiYy, as specifica9iy set �orth herein.
III. LEGAL AUTFlORITY: The parties enter into this Agreement under ihe legal
authority inherent Bn Chapter 23 of the Florida Statutes, atso known as the
Florida Mutual Aid Act, and pursuant to §20.165(9D, Florida Statutes.
IY. 'F�R�A; This Agreement is effective during th� time period known as
"Spring �reak" starting March 1, 1996 throug� April 30, 1936 and every
year thereafter during the sarne time period until the year 200C�.
V_ CANCELL�lTI�N: Either part�e may cancel �F►is Agreement �or an}/ reason.
Such �ancellation wilB be efi�ective immedia�te9y uy��n d�iivr�rge or f�c�irnile
tran�mis�ion of written notice e�f cance!@ation to any of the regularly
established offices or faci0it6es of the mti�er �oar�y.
V9. LIB�1➢TED CRd�R1T �i� LI11Ai �PfFf)RC�I��iVT /�UTFI�►RITY: The Ci4yo hereby
grar�ts to any Oa�v e�foec�en�n� ofi€icer of the A�T who, �t the request af tiie
Chiefi of Poiice, is assigned to assisi the �leara�raYer Police Department,
cert�in law enforcement autharity as described below wi#hin the city limiis
ofi Clearwrater, florida:
The authority tc� en#oece all laws of the St�te af Florida regarding
f�lonies and misdemeanors.
This grant does not include the authority 40 �nfiorce �ny ord'enance of
the County of Pinellas or the City ot Clearwater. It does not include
the authority to issue any traffic citation.
Vli. E2EPRE�ERITATION OF FITIVESS FOR DUTY: ABT represents to the Chief
of Police that each and every agent essigned to assist the City is a duly
�X�tIB�T A
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certified law enforcement officer according to the laws of this State, and
well qualified to carry out law enforcement duties.
VII1. MUTUAL AGREEIIAENT TO ASSIST: In consideration for mutual promises
and grant of authority contained herein, the parties do hereby agree to
render aid to each other and to the citizens of Ctearwater, Florida, upon
�equest and to the extent of available resources of time, equipment, and
personnel. This obligation to rendee assi�tance shall not be to the detriment
of the primary missions and responsibilities of either agency.
IX. CONFLICTS: Any conflicts between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Section
23.1225, Florida Statutes.
X. POWERS, PRIVILEGES, IMM1UnlITIES AND C�S7':
A. Amy !aw enforcement officer of th� participating agencies who
renders aid or exereises power pursuant to the expanded grant of
authority contained in this Agreement, has the same powers, duties,
rights, priviieges, and immunitie� as if the 6aw enfor�ement officer
wras performing duties according to 4he standard �cope af duties and
authnrity of the la�r �nforcement of#icer.
B. If either agency furnish�s equipmen� �o b� usec4 pur�uant to this
Agreeenent, it agrees to bear the cost of loss or damage to ti�e
equipment, and fiurYher �gcees to pay any expense incurred in th�
operatian and mainienance of ti�e equip�ent, uroless otherwis�
prov6ded an a subsequen# written agce�m�nt.
C. ihe agency furc�ishing aid or exerc6sing t�e expartded grant of
authority contained in thi� Agreeenerat sh�ll compensat� its erriployees
during the tome of the rendering of aid �r ex�rcEss of Yhe grant of
�xpanded auihoriiy and shaD defr�� ti�e actu�9 �r�wel and maintenance
expenses of its law enfiorcement officers vahile tfie� �re Pend�rin� aid
o�r �cting pursuant to the gran$ of ex�oan�ed authr�r�, �noclud'enq an�
amounfs paid or due for the compensata�� for p�rsoa�a� inju�yv or
death.
D. The priviieges and immunities frorm 6i�bil�y+, exemptions firom lavws,
ordinances and rule�, and pension, 6r�surance, r�lie�, ciisa�b'sli#y,
worker's compensation, salary, c9eatte, and other ben�#its th,at app6y
to the activities of a law enforcec�r��nt officer of th� par�i�s wrhen
performing his or her original or standard duties and actinQ under his
�a
�'�y�3
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or her original law �nforcement autharity shall apply to the same
degree, manner, and ex2ent while rendering aid or exercising power
pursuant to the expanded grant of authority contained in this
Agreement.
E. A request for assistance under this agreement shall be made by the
commander ofi the agency or his designee. Any law enforcement
officers of the participating agencies who render aid or exercise
power pursuant to the expanded grant of authority coratained in this
agreement shall be under the direction and a+�t�ority of their own
�ommanding officers. �
F. Each party to this agreernent �hall, bear t�he costs and liability for its
own !aw enforcennent officers, agents and/or employees arBsing from
acts undertaken pursuant to this ageeer��nt; and each agrees, to the
extent perrr�itted by law, to indennnify and hold the other hasrreless of
and from any claims, lawsui4� and/or causes of action arising out of
the acts, ornissions and conduct of its own officers, agents and/or
emplaye�s. However, nothing cs�ntained hereire sha01 be construed to
waive tx rrtodify the provisiorts of �.5. ���.28 a� to �ny party herst�.
XI. FOFBFEt'TlJRES: It is reco�nized tha� during the course of the o�era�o�n o�
the Agreern�n�t, prope� subj�ct 4o fa�§ei�a�r� under tQi� F�rida Cor��r�band
Fo�feitur� Act may be seized. 1'h� praperty shall be �eiz�d, forfieiterl, and
the proc�eds �quit�bty distxibuted �mo�tg the par�iici�2�ting �geroci�s iee
prop�rrtion to the amount of inv�stigat�oa► and participation perforrrsed by
each agency.
Xil. P!O Ottl�L RAOD6FICATI0�4: ihs p�rties �gr�e that the o�lig�tion� and
j` terms of this Agreement cannot be chang�d �ttcep� by a subsequeni verift�n
�' agreer�nent sigrted by both parties.
XBil. EF�E�I'1�/E ��TE: This agreement shall b�com� effective on the dat�
the Director of ihe Divasion of Alcoholic Be�rerages and iobacc� of ti�e�
State of Florida Department ot Business and Professional Regulation signs
the Agresmsnt. .
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CITY OF CLE�lR1MATER
By:
City Manager, City of Clearwater
Ddte
Prinied Name of Person Signing
�ltte�t:
Cynthia E. Goiadeau, City Clerk
A�praved as t� form and
9egal saaf#iciency:
:Robert J. Surette, Esq.
AssisYant City Attorney
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Dld/ISB�N OF ALCOFlC1LlC
�Ei/ERAGES AfdD TO��aCCO
8�:
Director, Division of Alcoholic
Beverages and 'fobacco
Date
Printed Name of Person Sign6ng
District Supervisor, Division of
e4lcohofic Beverages and
Tobacco
Date
Printed iVa�e of E'erson Signing
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