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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-025Introduced by:- f/a 2zz� 1. 100, Temp.1841 1 CITY OF TAMARAC, FLORIDA 2 RESOLUTION NO. -- 3 A RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS OF THE CITY OF TAMARAC TO ENTER INTO AN AGREEMENT WITH ROBERT A. 4 BUTTERWORTH AS SHERIFF OF BROWARD COUNTY RELATIVE TO THE 5 APPOINTMENT OF CERTAIN CITY POLICE OFFICERS AS DEPUTY SHERIFFS. K BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: V SECTION 1: That the City of Tamarac does hereby approve the 8 terms and conditions of that certain agreement between the City of Tamarac, 9 Florida, and Robert A. Butterworth as Sheriff of Broward County relative to the 10 appointment of certain City police officers as Deputy Sheriffs, said agreement 11 having been submitted for consideration to the City Council in written form, 12 copy of which agreement is hereto attached. 13 SECTION 2: That the proper City officials of the City of Tamarac 14 be and they are hereby authorized and directed to execute said agreement in 15 written form. 16 SECTION 3: This Resolution shall become effective immediately upon 17 its passage. PASSED, APPROVED AND ADOPTED thi s✓" day of 1981. oil 21 AYOR 221 ATTEST: CITY CLER 26 I HEREBY CERTIFY that I 27 have approved the form and correctness of this RESOLUTION 28 296L,66i, _11 CITY ATTORNEY 33 34 35 36 RECORD OF COUNCIL VOTE MAYOR: DISTRICT 1: DISTRICT 2: DISTRICT 3: DISTRICT 4: i ��0 AGREEMENT THIS AGREEMENT, made and entered into this day of 198, by and between ROBERT A. BUTTERWORTH, Sheriff of Broward County, Florida, hereinafter called "SHERIFF", and CITY OF TAMARAC, FLORIDA, a municipal corporation of Florida located within Broward County, hereinafter called "CITY". WHEREAS, CITY maintains and operates a Police Department whose officers by law have no investigative or arrest authority beyond CITY'S municipal boundaries; and, WHEREAS, in certain police endeavors, CITY is hampered in effectively protecting the health, safety and welfare of its citizens because of such lack of authority; and, WHEREAS, CITY has asked or will ask SHERIFF to appoint certain of its police officers as Deputy Sheriffs, in order to vest them with authority to conduct investigations and make arrests attendant thereto beyond the limits of CITY'S municipal boundaries; and, WHEREAS, SHERIFF is willing to appoint certain of CITY'S police officers as Deputy Sheriffs for the foregoing purposes provided that CITY enters into this Agreement; and, WHEREAS, the governing body of CITY has authorized its proper City Officials to execute this Agreement for the purposes herein expressed. NOW, THEREFORE, the parties covenant and agree as follows: 1. SHERIFF hereby expresses his intention to from time to time appoint certain of CITY'S police officers as regular Deputy Sheriffs, each such appointment to be made at the sole discretion of SHERIFF. it2. Each such appointee shall meet all the qualifications and requirements of law for the office of Deputy Sheriff, and upon appointment shall serve at the pleasure of SHERIFF. 3. CITY acknowledges and agrees that SHERIFF shall have no responsibility for the payment of any compensation, salary or other employment benefits to the officer or officers so appointed, all such compensation, salary and other benefits being the sole responsibility of the CITY. CITY covenants and agrees to indemnify, defend, save and hold harmless the SHERIFF from and against any and all demands, claims, losses, liabilities or judgments that may be made against him in connection with such compensation, salary or other benefits by any such appointee, including costs, expenses and reasonable attorneys' fees that may be incurred by the SHERIFF in defense thereof or in connection therewith. 4. For the purposes set out in this Agreement, the CITY covenants and agrees to indemnify and hold harmless the SHERIFF from and against any and all demands, claims, losses, liabilities or judgments that SHERIFF may occasion or incur as a result of any appointee's exercise of the powers accorded him as a Deputy Sheriff for the purpose of this Agreement, including all costs, expenses and reasonable attorneys' fees that may be incurred by the SHERIFF in the defense thereof or in connection therewith, except when any such appointee is performing duties as Deputy Sheriff under the command, direction, order, or at the instance of the SHERIFF. 5. Upon receipt of any notice, demand, claim or lawsuit stemming from an appointee's exercise of his powers as a Deputy Sheriff the receiving party shall promptly notify the other party of same, in writing. 5. As is stated hereinabove, each appointee serves at the pleasure of SHERIFF and, accordingly, may be terminated as a Deputy Sheriff in SHERIFF'S sole discretion, regardless of cause. Conversely, CITY may at any time, by written notice to SHERIFF, request that any one or more of its appointees be terminated and removed from the office of Deputy Sheriff. Upon receipt of such notice, SHERIFF shall promptly comply therewith. IN WITNESS WHEREOF, the parties have executed this instrument 2. on the day and year first mentioned above WITNESSES: as to Sheriff ATTEST: Ci y Manama )2� 1 City Cl k I ROBERT A. BUTTERWORTH Sheriff of Broward County CITY OF TAMARAC By By -citymqo4er 3