HomeMy WebLinkAbout2016-146 AGREEMENT BETWEEN THE
INDIAN RIVER COUNTY SHERIFF'S OFFICE
AND
THE BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
THIS AGREEMENT is entered into as of the 1st day of October, 2016, by and between the Indian
River County Sheriff's Office ("Sheriff') and Indian River County, a political subdivision of the State of
Florida("County").
WHEREAS, the County maintains and operates a Public Shooting Range ("Range") in Indian River
County; and
WHEREAS, the Sheriff desires to conduct training exercises at the Range for the purpose of
fulfilling the training requirements for law enforcement officers of the Sheriff; and
WHEREAS, the parties desire to enter into this Agreement setting forth certain terms and conditions
relating to the use of the Range by the Sheriff;
NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the parties agree as follows:
1. EXCLUSIVE USE: The Sheriff shall have exclusive use of the Range for official training
purposes on Wednesdays excepting special events properly noticed by the County under Section 2 of this
Agreement. The Sheriff may also use the Range on Tuesdays with advance notification and approval by the
Range Manager. The Sheriff will be responsible for providing agency certified firearms instructors to
supervise all range activity. The Sheriff will not utilize or deplete any Range inventory including but not
limited to targets and ammunition belonging to the Range. Sheriff shall ensure that the public does not
access the facilities during the Sheriff's use under this Agreement. Shooting shall be restricted to the
designated range line areas unless approved in advance by the Range Manager.
2. RANGE USAGE AND CLOSURE: The Sheriff will provide a quarterly training schedule to the
Range Manager prior to utilizing the Range. The Range shall be closed to the public on Tuesdays and
Wednesdays for the duration of this agreement except when the Range Manager provides thirty (30) days
written notice to the Sheriff of a conflicting special event scheduled by the County during which the Range
will not be available for use by the Sheriff.
3. FEE: The Sheriff shall pay an annual flat fee of$ 15,000 in advance of using of the Range with
the annual fee for fiscal year 2016/2017 immediately due and payable upon execution of this Agreement and
retroactively applied as compensation for usage from October 1, 2016 and continuing through September 30,
2017. The $15,000 annual fee for subsequent fiscal years shall be due and payable on October Is' of each
successive fiscal year for the duration of this Agreement commencing October 1, 2016.
4. TERM: This Agreement shall begin on the date set forth above and unless terminated by either
party according to Section 5 of this Agreement, will expire on September 30, 2019.
5. TERMINATION: This Agreement may be terminated with or without cause by either party upon
no less than sixty (60) days written notice. If this Agreement is terminated prior to completion of any period
for which the Sheriff has paid in advance, any unused portion of the advance payment shall be returned to
the Sheriff prorated by the balance of usage remaining in the fiscal year from the date of termination.
6. LIABILITY: The Sheriff shall be liable for the acts or omissions of its own officers, agents and
employees and agrees to indemnify, defend and hold harmless the County and its commissioners, officers,
employees and agents from and against any and all claims, damages, liabilities, losses, costs and expenses
(including reasonable attorneys fees at all levels of trial or appellate proceedings) caused by, arising out of,
or relating to any act or omission of the Sheriff, or its officers, employees and agents.
7. RELATIONSHIP OF PARTIES: The Sheriff shall be responsible for its own acts and
omissions. The Sheriff shall not bear any relationship to the County, agency or otherwise, which would
render the County liable for the acts or omissions of the Sheriff.
8. ACCESS AND MAINTENANCE: The Sheriff shall be issued keys to the gates and Range
building to be utilized solely in connection with the usage authorized by this Agreement. The Sheriff will
be responsible for cleanup of the facility after each use including the shooting line areas, grounds, and
restrooms. Sheriff agrees to secure the premises at the end of each use and to leave the Range in a suitable
condition to open for business to the public. County reserves the right to suspend Sheriff's training activities
in order to reasonably address compliance with this Section.
9. NOTICE: Any notice required under this Agreement shall be given in writing and delivered by
either hand delivery or U.S. Mail, Certified—Return Receipt Requested,to the following:
SHERIFF: Indian River County Sheriffs Office
Attn: James G. Harpring—General Counsel
4055 41st Avenue
Vero Beach, FL 32960
COUNTY: Indian River County
Attn: Jason Brown, County Administrator
1801 27th Street
Vero Beach,FL 32960
10. MODIFICATION: Any modification to this Agreement shall be in writing and signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day
and year as reflected herein.
INDIAN RIVER C Y SHERIFF'S OFFICE
By:
DERYL LOAR, SHERIFF
INDIAN RIVER COUNTY SHERIVJ�"
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INDIAN RIVER COUNTY ATTEST:
Jeffrey R. Smith, Clerk of Court and
/I Comptroller
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By: _ .a Deputy Clerk
BOB SOLARI, CHAIRMAN APPROVED AS TO FORM
BOARD OF COUNTY COMMISSIONERS AND LEGAL SUFFICIENCY
Dated: ember 016
By: ( A- By:
I
JAS014 E. *OWN DAN REINGOLD
CO UN"YMMSTRATOR COUNTY ATTORNEY