INDEMNIFICATION AGREEMENT TO ENGAGE IN TACTICAL TRAINING/EXPLOSIVE BREACHING EXCERCISES
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 9th day of August, 2005, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police
Department's tactical exercises on the Clearwater Housing Authority property located at
2990 Tanglewood Ave., Clearwater, Florida.
Whereas, the Clearwater Police Department desires to engage in tactical
training/explosive breaching exercises on the vacant Jasmine Courts property located at
2990 Tanglewood Ave.;
Whereas, those exercises will include mock scenarios involving the apprehension
of suspects within the building, the use of simunition training equipment, the use of
extraction equipment and the use and application of explosive breaching techniques; and
Whereas, the Clearwater Housing Authority desires an Indemnification Agreement
to ensure that the Clearwater Housing Authority is protected from any claims arising out of
the actions of the City of Clearwater or it's employees during the tactical training
exercises, which are not attributable to any error, omission, or negligent act by the
Clearwater Housing Authority, including its officers, agents, and employees;
Now, therefore, the City of Clearwater agrees as follows:
To the extent provided by Section 768.28, Florida Statutes, the City of Clearwater will
indemnify, defend and hold harmless the Clearwater Housing Authority, including all of
their officers, agents, and employees, from any claim, loss, damage, cost, or expense,
including attorney's fees and any costs incurred in enforcing this Indemnity Agreement,
arising out of any act, error, omission, or negligent act by the City of Clearwater or its
employees, during the performance of tactical training at the Clearwater Housing Authority
property located at 2990 Tanglewood Ave., Clearwater, Florida, except that neither the
City of Clearwater nor its employees shall be liable for any claim, loss, damage, cost,
expense, or attorney's fees arising out of the training exercises that are attributable to any
error, omission, or negligent act by the Clearwater Housing Authority, including its officers,
agents, and employees.
By:
William B. Horne II
City Manager
Attest: ,." - ~_ '.
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