HomeMy WebLinkAbout2023-071MEMORANDUM OF UNDERSTANDING
REGARDING USE OF COUNTY OWNED BUCKET TRUCKS
BETWEEN
THE INDIAN RIVER COUNTY SHERIFF'S OFFICE AND
AND INDIAN RIVER COUNTY
THIS MEMORANDUM OF UNDERSTANDING (Memorandum) is entered into this 18th day
of April, 2023, by the Indian River County Sheriff's Office, 4055 41st Avenue, Vero Beach, FL 32960,
hereafter referred to as the "Sheriff' and Indian River County, a political subdivision of the State of
Florida, 1801 27th Street, Vero Beach, Florida, 32960 hereafter referred to as "County".
WITNESSETH
WHEREAS, the Sheriff has been installing surveillance cameras on utility poles throughout the
County in order to assist in criminal investigations; and
WHEREAS, the Sheriff uses a bucket truck to install these cameras and has been borrowing a
bucket truck from various local municipalities to perform the installations; and
WHEREAS, the County has several bucket trucks and can allow the Sheriff to use one after the
Sheriff and the County have coordinated scheduling of the truck; and
WHEREAS, the Sheriff receives its funding from the Board of County Commissioners from the
County's collection of taxes and the Sheriff's employees who will be using the County's bucket truck
have been trained in the use of the truck and have all applicable licenses and permissions. For the
purposes of this Memorandum, the Sheriff's use of the bucket truck shall not be considered contrary to
the County Administrative Manual.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the Sheriff and the County hereby agree as follows:
The foregoing recitals are true and incorporated as if fully restated herein.
2. The Sheriff shall be permitted to use a County owned bucket truck for the sole purpose of
installing, removing or maintaining surveillance cameras on utility poles in furtherance of criminal
investigations. Use of the truck shall be subject to availability on an as -needed basis and shall be
scheduled at least 72 hours in advance with the County Public Works Director. At the time of
scheduling, the parties shall determine how long the Sheriff will use the truck and will agree on a return
date. During the Sheriff's use of the bucket truck, the following conditions shall apply:
a. All drivers of the bucket truck shall possess the necessary Commercial Driver's Licenses.
b. All operators shall be trained in the care, operation and use of the bucket mechanism.
c. All applicable policies of the Sheriff's insurance shall be primary, including, but not limited to
vehicle, workers' compensation, general liability and property. The County shall be named
as additional insured on all applicable policies.
d. Following use of the truck, it shall be returned in good condition, normal wear and tear
excepted. Any damage to the vehicle or its components and equipment caused during the
use by the Sheriff shall be repaired at the sole expense of the Sheriff. The County reserves
the right to choose a repair facility for the repair of the damage.
3. The Sheriff represents that all drivers and operators possess all necessary training, permits,
permissions, licenses and other required credentials to install the surveillance cameras on the utility
poles.
4. This Memorandum may only be modified in writing by mutual agreement of both parties. The
County or Sheriff may terminate this Memorandum providing thirty days' notice to the other party.
5. The Sheriff shall defend, hold harmless, and indemnify the County, including its County's
commissioners, employees, and agents from and against any and all claims, causes of action, losses,
damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever,
arising out of or relating to the Sheriff's negligence, intentional misconduct, or violation of this
Memorandum or applicable law.
6. Notices concerning this Memorandum shall be made to the other party at the appropriate
address below:
If to the Sheriff: Indian River County Sheriff's Office
Attention:
4055 41 st Avenue
Vero Beach, FL 32960
If to the County: Indian River County
Attention: Public Works Director
1801 27th Street
Vero Beach, Florida 32960
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF the County and the Sheriff have caused these presents to be
executed in their names, the day and year first above written.
INDIAN RIVER COUNTY
SHERIFF'S OFFICE
Eric F owers heriff
• I a � , jli�
WITNESS: cti
Witness printed name: 8ecc.. Sa y9; e
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By: /5��
Deputy Clerk
Approved as to form and I fficie y
William K. De raal
Deputy County Attorney
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INDIAN RIVER COUNTY BOARD QP .oti!missi3,
COUNTY COMMISSIONERS : oJ�>�y'
.Q:
Joseph H. Earm n, firman
2 t
BCC Approved: April 18, 202�••_yR�VERC3�N
Approved:
By."G�t
John A. Titkanich, Jr.
County Administrator