INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 201 ROGERS ST AND 501 BAY AVEINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 9A, A day of May 2009, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police
Department's training exercises on the vacant property located at 201 Rogers Street and 501
Bay Avenue, Clearwater, Florida.
Whereas, the Clearwater Police Department's SWAT team desires to engage in
training exercises periodically on the vacant property owned by Pinellas County and located
at 201 Rogers Street and 501 Bay Avenue, Clearwater, Florida, from May 27, 2009 through
December 31, 2009;
Whereas, Pinellas County requests an Indemnification Agreement to ensure that
Pinellas County, the owner of the property located at 201 Rogers Street and 501 Bay
Avenue, Clearwater, Florida, is protected from any claims arising out the actions of the City of
Clearwater or its employees during the training exercises, which are not attributable to any
error, omission, or negligent act by Pinellas County, including the officers, agents, and
employees of Pinellas County;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify Pinellas County, including all of the
officers, agents, and employees of Pinellas County, 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 agents or employees, during the performance of training exercises by the Clearwater
Police Department's SWAT team at the property located at 201 Rogers Street and 501 Bay
Avenue, Clearwater, Florida, except that neither the City of Clearwater nor its agents or
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 Pinellas County, including the officers, agents, and employees of Pinellas County_
Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida
Statutes or the doctrine of sovereign immunity.
CITY OF CLEARWATER, FLORIDA
By:
illiam B. Hornell
City Manager v
OF 7#1
r? D
Approved as to form: Attest:
Robert urette Cy t . Goudeau
Assistan ity Attorney W4 City Clerk