INDEMNIFICATION AGREEMENT TO ENGAGE IN EXTENSIVE CONSTRUCTION AT 249 WINDWARD PASSAGEINDEMNIFICATION AGREEMENT
jOruke vy 10) r
This
Agreement made and entered into-BeeembeF . Nit, between the City of Clearwater
and Clearwater Marine Aquarium, Inc. ("CMA°) is to clarify CMA's grant of indemnity related to the
Clearwater Police Department's provision of crossing guard training to CMA.
Whereas, CMA is and/or will be engaged in extensive construction at its principal facilities
located at 249 Windward Passage, Clearwater, FL 33767 for up to one year, commencing in
December 2019; and
Whereas, the construction will disrupt CMA patrons' use of the streets and sidewalks adjacent
to the aquarium and parking garage; CMA desires to employ crossing guards to safeguard CMA
patrons, and desires that those guards receiving training from the Clearwater Police Department; and
Whereas, the Clearwater Police Department agrees to provide training at no cost pursuant to
policy and FDOT guidelines to trainees who meet minimum standards, such as completion of the 10th
grade, possession of a State of Florida driver license, and passing a background check; and
Whereas, the City of Clearwater desires an Indemnification Agreement to ensure they are
protected from any claims arising out the actions of CMA or its employees during the provision of
crossing guards immediately adjacent to the Clearwater Marine Aquarium and limited to Windward
Passage and Marina Way, which are not attributable to any error, omission, or negligent act by the
City of Clearwater including the officers, agents, and employees; and
Now, therefore, CMA agrees as follows:
CMA will hold harmless, indemnify and defend the City of Clearwater, including all of the officers,
agents, and employees of the Clearwater Police Department, from any claim, loss, damage, cost, or
expense, induding attorney's fees and any costs incurred in enforcing this Indemnity Agreement,
arising out of any act, error, omission, or negligent act by CMA or its agents or employees, during the
provision of crossing guards on Windward Passage and Marina Way and immediately adjacent to the
Clearwater Marine Aquarium, related parking facilities, and construction areas located at or near 249
Windward Passage, Clearwater, Florida 33767. Nothing herein shall be construed to waive or modify
the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity.
COUNTERSIGNED:
hew S
Senior Assiant City Attorney
CLEAR ! TE' MARI QUARIUM, INC.
By:
David Yates, EO
CITY OF CLEARWATER, FLORIDA
By: Ltiat,4 /t44,144V-A-
William B. Home II
City Manager
Attest:
Rosemarie CaII
City Clerk