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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, 4 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 7