INDEMNIFICATION AGREEMENT TO ENGAGE IN SWAT EXERCISES AT 1234 S DRUID ROAD
INDEMNIFICATION AGREEMENT
This Agreement made and entered into this 21st day of August 2006, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police
Department's SWAT exercises on the Morton Plant Hospital property located at 1234 S.Druid
Road, Clearwater, Florida.
Whereas, the Clearwater Police Department desires to engage in SWAT exercises on
September 21,2006, at a vacant Morton Plant Hospital property located at 1234 S.Druid
Road, Clearwater, Florida;
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 distraction devices;
Whereas, the Morton Plant Hospital Association Inc. desires an Indemnification
Agreement to ensure that the Morton Plant Hospital Association Inc., the owner of the Morton
Plant Hospital property located at 1234 SDruid Road, Clearwater, Florida, is protected from
any claims arising out the actions of the City of Clearwater or its employees during the SWAT
training exercises, which are not attributable to any error, omission, or negligent act by the
Morton Plant Hospital Association Inc., including their officers, agents, and employees;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will indemnify, defend, and hold harmless the Morton Plant Hospital
Association 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 SWAT training at the Morton Plant Hospital property
located at1234 S.Druid Road, 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
Morton Plant Hospital Association Inc., including their officers, agents, and employees. 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 C EARW A TER, FLORI DA
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By: ~.
William B. Horne II
City Manager
ia E. Goudeau
City Clerk