INDEMNIFICATION AGREEMENT TO ENGAGE IN THE COLLECTION OF UNWANTED MEDICATIONSINDEMNIFICATION AGREEMENT
This Agreement made and entered into this 26th day of September 2015, by the City of
Clearwater is to clarify the City of Clearwater's liability during the Clearwater Police
Department's participation in the DEA National Prescription Drug Take -Back Day on the
Westfield Countryside Mall property located at 27001 US Hwy 19 North, Clearwater, Florida.
Whereas, the Clearwater Police Department, desires to engage in the collection of
unwanted medications on the north -east parking lot property located at 27001 U S Hwy 19
North, Clearwater, Florida during September 26, 2015, 10:00 am- 2:00 pm.
Whereas, the Westfield Countryside Mall desire(s) an Indemnification Agreement to
ensure that the Westfield Countryside Mall, the owner(s) of the property located at 27001 U
S Hwy 19 North, Clearwater, Florida, is /are protected from any claims arising out the actions
of the City of Clearwater or its employees during the operation shred, which are not
attributable to any error, omission, or negligent act by Westfield Countryside Mall, including
the officers, agents, and employees of the property owner(s);
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless and indemnify Westfield Countryside Mall,
including all of the officers, agents, and employees of the owner(s), 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 operation shred by the
Clearwater Police Department at the property located at 27001 U S Hwy 19 North,
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
operation shred that are attributable to any error, omission, or negligent act by Westfield
Countryside Mall, including the officers, agents, and employees of the property owner(s).
Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida
Statutes or the doctrine of sovereign immunity.
A•proved as to form:
Robert J urette
Assistan ity Attorney
RS/
CITY OF CLEARWATER, FLORIDA
By: %
William B. Horne 11
City Manager
Attest:
0
Rosemarie Call
City Clerk