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low 15 . 13 <br /> AGREEMENT BETWEEN THE B . D <br /> INDIAN RIVER COUNTY SHERIFF ' S OFFICE 401C3 - c <br /> AND <br /> THE BOARD OF COUNTY COMMISSIONERS <br /> INDIAN RIVER COUNTY FLORIDA <br /> THIS AGREEMENT is entered into as of the 1st day of October, 2013 , by and between the Indian <br /> River County Sheriff' s Office (" Sheriff ') and Indian River County, a political subdivision of the State <br /> of <br /> Florida ("County") . <br /> WHEREAS , the County maintains and operates a Public Shooting Range ("Range") in Indian River <br /> County; and <br /> WHEREAS , the Sheriff desires to conduct training exercises at the Range for the purpose of <br /> fulfilling the training requirements for law enforcement officers of the Sheriff; and <br /> WHEREAS, the parties desite to enter into this Agreement setting forth certain terms and conditions <br /> relating to the use of the Range by the Sheriff; <br /> NOW, THEREFORE , in consideration of the mutual undertakings herein and other good and <br /> valuable consideration, the parties agree as follows : <br /> 1 . EXCLUSIVE USE : The Sheriff shall have exclusive use of the Range for official training <br /> purposes on Wednesdays excepting special events properly noticed by the County under Section 2 of this <br /> Agreement. The Sheriff may also use the Range on Tuesdays with advance notification and approval by the <br /> Range Manager. The Sheriff will be responsible for providing agency certified firearms instructors to <br /> supervise all range activity. The Sheriff will not utilize or deplete any Range inventory including but not <br /> limited to targets and ammunition belonging to the Range . Sheriff shall ensure that the public does <br /> not <br /> access the facilities during the Sheriff' s use under this Agreement. Shooting shall be restricted <br /> to the <br /> designated range line areas unless approved in advance by the Range Manager. <br /> 2 . RANGE USAGE AND CLOSURE : The Sheriff will provide a quarterly training schedule to the <br /> Range Manager prior to utilizing the Range . The Range shall be closed to the public on Tuesdays <br /> and <br /> Wednesdays for the duration of this agreement except when the Range Manager provides thirty (30) days <br /> written notice to the Sheriff of a conflicting special event scheduled by the County during which the Range <br /> will not be available for use by the Sheriff. <br /> 3 . FEE : The Sheriff shall pay an annual flat fee of $ 10,000 in advance of using of the Range with <br /> the annual fee for fiscal year 2013 /2014 immediately due and payable upon execution of this Agreement and <br /> retroactively applied as compensation for usage from October 1 , 2013 and continuing through September 30 , <br /> 2014 . The $ 10 , 000 annual fee for subsequent fiscal years shall be due and payable on October 1St of each <br /> successive fiscal year for the duration of this Agreement commencing October 1 , 2013 . <br /> 4 . TERM : This Agreement shall begin on the date set forth above and unless terminated by either <br /> party according to Section 5 of this Agreement, will expire on September 30, 2016 . <br /> 5 . TERMINATION : This Agreement may be terminated with or without cause by either party upon <br /> no less than sixty (60) days written notice. If this Agreement is terminated prior to completion of any period <br /> for which the Sheriff has paid in advance, any unused portion of the advance payment shall be returned to <br /> the Sheriff prorated by the balance of usage remaining in the fiscal year from the date of termination . <br /> 6 . LIABILITY : The Sheriff shall be liable for the acts or omissions of its own officers , agents and <br /> employees and agrees to indemnify, defend and hold harmless the County and its commissioners , officers , <br /> employees and agents from and against any and all claims, damages , liabilities, losses , costs and expenses <br /> (including reasonable attorneys fees at all levels of trial or appellate proceedings) caused by, arising out of, <br /> or relating to any act or omission of the Sheriff, or its officers , employees and agents . <br />