R92-155RESOLUTION NO. R92-/~-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A COUNTY-WIDE
MULTI-JURISDICTIONAL ROADWAY SAFETY &
SOBRIETY CHECKPOINT TASK FORCE VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT; A COPY
OF SAID AGREEMENT BEING ATTACHED HERETO
AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach
~eems it to be in the best interests of the citizens and
~esidents of the City of Boynton Beach, Florida, to enter into a
~ounty-Wide Multi-Jurisdictional Roadway Safety & Sobriety
~heckpoint Task Force Voluntary Cooperation Mutual Aid Agreement
)etween the B~ca Raton Police Department, Delray Beach Poli~e
)ep~rtment, City of Greenacres~Dep~rtment of Public Safety, City
)f Lake Worth Police Departmenu, Jupiter Police Department, Palm
~each County Sheriff's Office, West Palm Beach Police Department,
{oyal Palm Beach Police Department, Town of Mangonia Park
pep~rtment of Public Safety and the Riviera Beach Police
Dep~rtment to reduce the number of traffic accidents and
~atalit±es attributable to driving under the influence of alcohol
)r ~tker controlled substances; and
WHEREAS, the parties to this Agreement have the authority
lnde~ Part I of Chapter 23, Fla. Stat. (1991) (~s amended 1992
~ess~on Law at 92-165), entitled the "Florida Mutual Aid Act", to
~nter into a voluntary cooperation agreement for assistance of a
)u%~ne law enforcement nature that crosses jurisdictional lines
pursuant to Section 23.1225(1), Fla. Stat. (1991) (as amended
1992 Session Law at 92-165).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
~ITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute the Multi-Jurisdictional
~utual Aid Agreement attached hereto as Exhibit "A".
Section 2.
/pon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this ~ day of September, 1992.
CITY OF , FLORIDA
~TTEST:
:i~ clerk
(Corporat~ Seal)
~uthsig. doc
~utuaif Aid. BBPD
8/26/92
Commissioner
/~ner .
CommissiO~r
COUNTY--WIDE
MULTI--JurISDICTIONAL ROAI3{~}AY
~Ec~POINT TASK FORCE
VOLUNT~RY COOP.{~.~ATION }.{U'rUAL AID
& $OBRI E~
A{2~REEMENT
THIS AGREEMENT is entered into between Boca Raton Police
Department, Boynton Beach Police Department, Delray Beach Police
Department, City of Greenacres Department of Public Safety, City of
Lake Worth Police Department, Jupiter Police Department, Palm Beach
County Sheriff's Office, and West Palm Beach Police Department,
Royal Palm Beach Police Department, Town of Mangonia Park
Department of Public Safety and the Riwiera Beach Police
Department,
W I T N E S S E T H:
WHEREAS, the parties to this agreement have joined
together in a County-Wide Multi-Jurisdictional Roadway Safety and
Sobriety Checkpoint Task Force designed to reduce the number of
traffic accidents and fatalities attributable to driving under the
influence of alcohol or other controlled substances; and
WHEREAS, the parties to this agreement have agreed to
join together to form a County-Wide Multi-Jurisdictional Roadway
Safety and Sobriety Checkpoint Task Force designed to heighten the
awareness of the dangers of driving while intoxicated throughout
Palm Beach County; and
WHEREAS, the parties to this agreement have the authority
under Part I of Chapter 23, Fla. Stat. (1991) (as amended 1992
PALM BEACH COUNTY
DUI TASK FORCE
AD~SORYBDARD
Project Director
GEORGETTE CARROLL
Pelrn Beach Sheriff's Office
SG7% ALEX BARRET
West Palm Beach P.D.
SGT. BRAD CUMMINGS
Lake Worth P.D.
A COOPERATIVE EFFORT
3228 Gun Club Rd.
West Palm Beach, FI. 33406
(407) 688~132
August 17, 1992
Sgt. Jim Cummings
Boynton Be~h. Pop.ice Department
i00 N. E. ~FirSt~ Avenue
RECEII D
SGT. ALAN DARES
Boca Ratqn~ P.D.
LT. JOSE FIGUEROA
PaJm Beac~ Sherfff~ Office
L T. RICHARD HOLZBAUR
Jupiter P.D.
LT. JIM HOWELL
Florida Hwy. Patrol
SGT. ERIC JENSEN
Boynton Beach P.D.
JOANN KRAMER
MADD
SGT. WILLIAM MCCOLLOM
Delray Beach P.D.
JEROME MENDELSBERG, ESQ.
State Attorney's Office
CAPT. VIC RASO
Greenacre$ Public Safety
JO-ANNE ROCKOFF
Palm Beach Sheriff's Office
OFC. DAN STARUNG
Greenacre$ Public Safe~y
Dear Jim:
I have enclosed the final draft of the Mutual Aid
Agreement for the upcoming fiscal year.
There are some changes from the draft copy that was
previously distributed and they are as follows:
1) "Safety" has been added wherever "sobriety
checkpoint" is referred to;
2) Page 2, Section I, Paragraph 2; the minimum
number of checkpoints has been deleted;
3) Page 2, Section I, Paragraph 3; "to check for
vehicle safety" has been added prior to "briefly
examine drivers for signs of intoxication";
4) Page 3, Section II, Paragraph 2; the minimum
number of checkpoints has been deleted;
5) Page 6~ Section IX has been added.
Please have these changes reviewed by your legal
advisor and should there be any problems, please
me know by August 26th.
let
As was the procedure last year, once I hear from you
tha~ the Mutual Aid Agreement has been passed by your
city, I will make an appointment with your chief, or
mayor, for signatures on eleven copies, thus assuring
that every agency has an original on file.
Please call me at 688-3132 should you have any
questions. Thank you.
Program Coordinator
DUI Awareness Program
GRANT FUNDED BY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION. STATE SAFETY C FFICE
session !aw at 92-165>, entitled th~e~'Florida Mutual Aid Act", 5o
enter into a voluntary cooperation agreement for assistance of a
routine law enforcement nature that crosses jurisdictiona~ lines
pursuant to Section 23.1225(1), Fla. Stat. (1991) (as amended 1992
session law at 92-165)~
NOW, THEREFORE, the parties agree as follows:
SECTION I _ PRO%'I SlONS FOR VOLfFI~Ti%i~y COOP~ATION:
1. Each of the law enforcement agencies herein
identified as the parties to this agreement hereby approve and
enter into this agreement wher.=by each of said law enforcement
agencies agree to assign equipment and personnel to the County-Wide
Mu]ti-Jurisdictional
Force.
2.
checkpoints will
checkpoints wi!!
of the law enforcement
agreement.
Roadway Safety and Sobriety Checkpoint Task
The parties agree that safety and sobriety
be conducted during the agreement period. Said
be established within the jurisdictional confines
agencies participating as parties %o this
drivlng under the
passing through sa!d
and to briefly examine
3. The members of the County-Wide Multi-Jurisdictional
Roadway Safety and Sobriety Checkpoint Task Force will conduct
safety and sobriety checkpoints in an effort to promote roadway
safety and to raise public awareness relative to
influence by stopping motor vehicles
checkpoints to check for vehicle safety
drivers for signs of intoxication.
2
SECTION Il. POLIC"i' AND PROCEDuI{E:
1. The parties to this agreement will assign equipmen%
and personnel to the County-Wide Multi-Jurisdictional Roadway
Safetlc and Sobriety. Checkpoint Task Force, Each member of the task
{orce will assist in establishing safety and sobriety checkpoints
within the jurisdictional confines
participating in this agreement.
2. Safety and sobriety
the law enforcement agencies
checkpoints will be established
throughout the county from October of -1992 through September 30,
1993.
3. Safety and sobriety checkpoints will be scheduled on
a monthly basis with the location of each checkpoint to be based on
statistical research pinpointing areas in the county where safety
and sobriety checkpoints will be most effective.
4. Safety and sobriety checkpoints will be implemented
in accordance with recognized guidelines regarding planning, szte
selection, and with public notice being given przor to
implementation of said safety and sobriety checkpoints.
SECTION III. PO~WIe2~(S, PRIVILEGES, II~{I~uNITIES ia~ND
COSTS
1. Members of the task force as designated by the
parties to this agreement, when actually engaging in mutual
cooperation and assistance outside of the ]urlsdictional limits of
their city, under the terms of this agreement, shall, pursuant to
the provisions of Section 23.127(1) Fla. Stat. (1991) (as amended
1992 session law at 92-165), have the same powers, duties, rights,
privileges and immunities as if they were performing their duties
· n the political subdivision in which they are norma]'Iy employed.
2. Ifs during the course of conducting a safety and
sobriety checkpoint, a member of the task force observes a
violation of Florida Statutes other than a D.U.I. related offense,
said member, representing their respective agency, and in
furtherance of this agreement, shall be empowered to render
enforcemen~ assistance and act in accordance with law.
3. The parties to this ~greement who furnish any
equIpment pursuant to this agreement shall bear the loss or damage
%e such equipment and shall pay any expense incurred in the
operation and maintenance thereof.
4. The parties 5o this agreement shall compensate its
employees/appointees during the time af the rendering of such aid
and shall defray the actual travel and maintenance expenses of such
employees/appointees while they are rendering such aid, including
any amounts paid or due for compensation due to personal injury or
death while such employees/appointees are engaged in rendering such
aid.
exemption
5. Alt the privileges and immunities from liability,
from laws, ordinances and rules, and ali pension,
insurance, relief, disability, worker's compensation, salary, death
and other benefits which apply to the activity of such officers.
agents or emplcyees of any such agency when performing their
respective functions, within the territorial limits of their
respective public agencies, shall apply to them to the same degree,
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manner and extent while engaged in the performance of any of their
functions and duties extraterritorially under the provisions
this mutual aid agreemenn. The provisions of this section apply
with equal effect to paid, volunteer and reserve employees.
SECTION IV. INDEI4NIFICATION:
Each party to this agreement engaging in any mutual
cooperation and assistance, pursuant to this agreement, agrees with ~_~
respect to any suit or claim for damages resulting from any and ail
acts. omissions or conduct d'f such party's own
employees/appointees, occurring while engaging in rendering such
aid pursuant to this agreemen%, be responsible for its own
negligence and liability and the negligence and liability of
appointees or employees, subjec5 to provisIons o~ Section 768.28,
Fla. Stat. (1991), where applicable. Nothing contained herein shall
be deemed to constitute a waiver o~ Sovreign Immunity.
SECTION V. LIABILITY INSu~ia~NCE:
Each party to this agreement shall provide satisfactory
proof of liability insurance by one or more of the means specified
in Section 768.28(14), Fla. Stat. (1991), an amount which is, in
the judgment of the governing body of that party, at least adequate
to cover the risk to which that party may be exposed. Should the
insurance coverage, however provided, of any party to this
agreement be cancelled or undergo material change, that party shall
notify alt parties to this agreement of such change within ten (10)
days of receipt of notice or actual knowledge of such change.
5
VI ! . Ci%I~CELLATION:
may be cancelled by any party upon
to this agreement.
SECTION VI. EFFECTIVE DATE:
THIS AGREEMENT shall take effect upon execution and
approval by the hereinafter named agency heads of the parties ~o
this agreement and shall continue in full force and effect until
September 30, 1993, unless terminated prior thereto by any or all
of the parties therein.
SECTION
THIS AGREEMENT
delivery of written notice to the other-parties
Cancellation wilt be
at the direction of any subscribing party.
VI I I . ENTIRE AGREEM~ENT:
SECTION
THIS AGREEMENT embodies the entire agreement between, the
parties hereto.
SECTION IX. FILING
THIS AGREEMENT shall be filed with the Florida Department
of Law Enforcement pursuant to Florida Statutes Sec. 23.1225(4) (as
amended 1992 session law a~ 92-165) by the entity that last
approves the agreement.
THE PARTIES HERETO cause these presents to be signed on
the date specified:
6
Chief Peter A. Petracco
Boca Raton Police Dept.
Boca Raton, Florida
Date
Mayor Arline Weiner
City of Boynton Beach
Boynton Beach, Florida
Date
Mayor Thomas Lynch
City of Delray Beach
Delray Beach, Florida
Dat~
Director John T.
Greenacres Dept.
Safety
Greenacres:.City.
Dat~
Treanor
of Public
Florida
Mayor Ronald E. Extine
City of Lake Worth
Lake Wortk, Florida
Date
Chief Richard J. Westgate
Jupiter Police Department
Jupiter, Florida
Date
Chief B. R. Riggs
West Palm Beach Police Dept.
West Palm Beach, Florida
Date
Chief Joseph yon Dembowski
Town of Mangonia Park
Department of Public Safety
Mangonia Park, Florida
Date
Sheriff Richard P. Wille
Palm Beach County
West Palm Beach. Florida
Date
chief Jeff Waites
Royal Palm Beach Police Dept.
Royal Palm Beach, Florida
Date
Clara K. williams
Mayor
City of Riviera Beach,
Date
Florida
]~ND OF DO(Ju~I]INT
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