R92-15RESOLUTION 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 SOBRIETY
CHECKPOINT TASK FORCE VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT; SAID
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,. the City Commission of the City of Boynton Beach,
Florida, upon recommendation of Staff, deems it to be in the best
interests ~f the ~itiZ~ns and residents of the City of Boynton
Beach to execute a County-Wide Mul~-Jurisdictional Roadway
Sobriety checkpoint Task Force agreement; and
WHEREAS, the parties to this agreement have joined together
in a CountryWide Multi-Jurisdictional Roadway Sobriety Checkpoint
Task Forcedesigned to ~educe the number of' traffic a~cidents and
fatalities a~tributable'to driving under the influence, of alcohol
or other controlled substances;
NOW, THEREFORE, BE IT RESOLVED.BY THE CITY COMMISSION OF THE
CITY OF~OYNTON~BEA~H, FLORIDA THAT.
Section 1. The City Commission of the City of Boynton
Beach, Florida, does hereby authorize the Mayor and City Clerk to
execute s certain C~nty-Wide Multi-Jurisdictional Roadway
Sobriety Checkpoint Task Force agreement which is attached hereto
as Exhibit 'A".
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this ~/ day of January, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor ·
Comm%ssioner
~TTEST:
( ~C~c~rPC~ate ~al )
BBPD JAGR ' '
Authsig~, doc- 1/14/92
COUl~f~ --W I DE
M~3LTI--JURISDICTIONA. L ROA. Df~AY SOBRIETY C~C]~_PO!NT
TAHR FORCE
VOL[)-NTRY COOPBTIONI~UTUAL AID AGRE~HT
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.
WITNESSETH:
WHEREAS, the parties to this agreement have joined
together in a County-Wide Multi-Jurisdictional Roadway 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
Sobriety Checkpoint Task Force designed to heighten the awareness
of the dangers of driving while intoxicated throughout Palm Beach
County; and
under
WHEREAS, the parties to this agreement have the authority
Part I of Chapter 23, Fla. Stat (1989), entitled the
"Florida Mutual Aid Act", to enter into a voluntary cooperation
agreemen5 for assistance of a routine law enforcement nature that
crosses jurisdictional lines pursuant to Section 23.1225(1), Fla.
Stat. (1989)~
NOW, THEREFORE, the parties agree as follows:
SECTION I. PROVISIONS FOR VOLUNTARY COOPF_.F~%TION:
1. Each of the law enforcement agencies herein
identified as the parties to this agreement hereby approve and
enter into this agreement whereby each of said law enforcemen~
agencies agree to assign equipment and personnel to the County-Wide
Multi-Jurisdictional Roadway Sobriety Checkpoint Task Force.
2. The parties agree that a total of eight (8) to ten
(10) sobriety checkpoints will be conducted during the agreement
period. Said checkpoints will be established within the
jurisdictional confines of the law enforcement agencies
participating as parties to this agreement.
3. The members of the County-Wide Multi-Jurisdictional
Roadway Sobriety Checkpoint Task Force will conduct sobriety
checkpoints in an effort to promote roadway safety and to raise
public awareness relative to driving under the influence by
stopping motor vehicles passing through said checkpoints ~o briefly
examine drivers for signs of intoxication.
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SECTION II_ POLI C'~ i%ND PROCEDURE:
1. The parties to this agreement will assign equipment
and personnel to the County-Hide Multi-Jurisdictional Roadwa~
Sobriety Checkpoint Task Force. Each member of the task force w~ll
assist in establishing sobriety checkp6ints within the
j~risdictiona] confines of the law enforcement agencies
participating in this agreement.
2. Eight (8) to Ten (10) sobriety checkpoints will be
established throughout the county from December of 1991 through
September 30, 1992.
3. 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 sobriety
checkpoints will be most effective,
4. Sobriety checkpoints
accordance with recognized guidelines
selection, and with public notice
implementation of said
will be implemented in
regarding planning, site
being given prior to
sobriety checkpoints4
SECT X O1~- X I I .
POWK~S. PRIVILEGES. I~UNITIES AND
COSTS
1. Members of the task force as designated by the
parties to this agreement, when actually engaging in mu%ual
cooperation and assistance outside of the jurisdictional limi~ts of
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their city, under the terms of this agreement, shall, pursuant to
the previsions of Section 23.127(1) Fla. Stat. {1989), have the
same powers, dutiesr rights, privileges and immunities as if they
were performing their duties in the political subdivision in which
they are normally employed.
2. If, during the course of conducting a sobriety
checkpoint, a meraber of the task force observes a vi~lation of
Florida Statutes other than a D.U.I. related offense, s~id member,
representing their respective agency, and in furtherance of this
agreement, shall be empowered to render enforcement assistance and
act In accordance with law.
3. The parties to this agreement who furnish any
equipment pursuant to this agreement shall bear the loss or damage
to such equipment and shall pay any expense incurred in the
operation and maintenance thereof.
4. The parties to this agreement shall compensate its
employees/appointees during the time of 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. All the privileges and Immunities from liability,
from laws, ordinances and rules, and all pension,
insurance, relief, disability, worker's compensation, salary, death
and other benefits which apply to the activity of such officers,
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agents or employees 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,
manner and extent while engaged in the performance of any of their
functions and duties extraterritorially under the provisions of
this mutual aid agreement. The provisions of this section apply
with equal effect to paid, volunteer and reserve employees.
SECTION IV. INDEMNIFICATION:
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 all
acts, omissions or conduct of such party's own
employees/appointees, occurring while engaging in rendering such
aid pursuant to this agreement, be responsible for its own
negligence and liability and the negligence and liability of its
or employees, subject to provisions of Section 768.28,
(1989}, where applicable. Nothing contained herein shall
constitute a waiver of Sovreign Immunity.
appointees
Fla. Stat.
be deemed to
SECTION V_ LIABILITY INSOFJ%I{CE:
p~oof of
Each party to this agreement shall provide satisfactory
liability insurance by one or more of the means specified
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in Section 768.28(14), Fla. Stat. (1989), in an amount which is, in
the judgment of the governing body of that party, at least adequate
~o 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 ali parties to this agreement of such cha~ge within ten (10)
days of receipt o~ notice or actual knowledge of such change.
SECTION VI - EFFECTIVE DATE:
THIS AGREEMENT shall take effect upon execution and
approval by the hereinafter named agency heads of the parties to
this agreement and shall continue in full force and effect until
September 30, 1992, unless terminated prior thereto by any or all
of the parties therein.
SECTION VI I . Ci%NCELLATIOI~:
THIS AGREEMENT may be cancelled by any party upon
delivery of written notice to the other parties to this agreement.
Cancellation will be at the direction of any subscribing par~y.
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SECTION VIII. ENTIRE AGREEMENT:
THIS AGREEMENT embodies the entire agreement between the
parties hereto.
THE PARTIES HERETO cause these presents to be signed on
the date specified:
Chief Peter A. Petracco
Boca Raton Police Dept.
Boca Raton, Florida
Date ~1)0( ~
City of Delray Beach
Delray Beach, Florida
Date ~/'~/ ~
Mayor Ronald E. Exline
City of Lake Worth
Lake Worth-, Florida
'Barbara, 0?olyn, Deputy City Clerk
~riff R~6hard P. Wille
~a_l_m Beach County
West Palm Beach, Florida
Date
Mayor Arline Weiner
City of Boynton Beach
Boynton Beach, Florida
Date ~ ,/~L
Di~0r John T. Treanor
Gr~enacres Dept. of Public
Safety
Greenacres City, Florida
Date
Jupiter Police Department
Jupiter, Florida
Date
Chie~~
West Pa~lm B~ach Police Dept.
West Palm Beach, Florida
END OF DOCUMENT
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