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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.