INDEMNIFICATION AGREEMENT TO ENGAGE IN TACTICAL TRAINING EXERCISES AT 500 MANDALAY AVEUNE
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 21sT day of July, 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 Hensel Phelps Construction Co. and the JMC Design and Development, Inc.
property located at 500 Mandalay Avenue, Clearwater, Florida.
Whereas, the Clearwater Police Department desires to engage in tactical training
exercises on the vacant Clearwater Beach Hotel property located at 500 Mandalay Avenue;
Whereas, those exercises will include mock scenarios involving the apprehension of
suspects within the building, the use of simunition training equipment and the use of extraction
equipment;
Whereas, the Hensel Phelps Construction Co. and the JMC Design and Development, Inc.
desire an Indemnification Agreement to ensure that the Hensel Phelps Construction Co. and the
JMC Design and Development, Inc are protected from any claims arising out of the actions of
the City of Clearwater or it's employees or it's agents during the tactical training exercises,
which are not attributable to any error, omission, or negligent act by the Hensel Phelps
Construction Co. and the JMC Design and Development, Inc., including their 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 Hensel Phelps Construction Co. and the JMC Design and
Development, Inc., 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 agents or employees, during the performance of tactical training at the Hensel
Phelps Construction Co. and JMC Design and Development, Inc. property located at 500
Mandalay Ave., 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 the
Hensel Phelps Construction Co. and the JMC Design and Development, Inc., including their
officers, agents, and employees.
LEARWATER, FLORIDA
B
;::a:
William B. Horne II
City Manager
Approved as to form:
Attest:
~~ E 11..,0._
Cy ia E. Goudeau .
City Clerk