INDEMNIFICATION AGREEMENT TO ENGAGE IN TRAINING EXERCISES AT 2426 GULF TO BAY BLVDINDEMNIFICATION AGREEMENT
This Agreement made and entered into this tc4-1 3/ , 2020, by the City of Clearwater
is to clarify the City of Clearwater's liability during the Clearwater Police Department's training
exercises on the property of Kimmins Contracting Corporation located at 2426 Gulf to Bay Blvd.
Whereas, the Clearwater Police Department desires to engage in training exercises on the
property of Kimmins Contracting Corporation property located at 2426 Gulf to Bay Blvd during
September and October of 2020;
Whereas, the Kimmins Contracting Corporation desire(s) an Indemnification Agreement to
ensure Kimmins Contracting Corporation., the owner(s) of the property located at., Kimmins
Contracting Corporation, is/are 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 Kimmins Contracting Corporation, including the officers, agents, and
employees. Kimmins Contracting Corporation;
Now, therefore, the City of Clearwater agrees as follows:
The City of Clearwater will hold harmless, indemnify and defend Kimmins Contracting Corporation,
including all of the officers, agents, and employees of Kimmins Contracting Corporation, 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 at the property located at 2426 Gulf to Bay Blvd. except that neither the City of
Clearwater nor its agents or employees shall be liable for any claim, Toss, damage, cost, expense, or
attorney's fees arising out of the training exercises that are attributable to any error, omission, or
negligent act by Kimmins Contracting Corporation, including the officers, agents, and employees of
the Kimmins Contracting Corporation. Nothing herein shall be construed to waive or modify the
provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity.
Appr
Smith
Assistant y Attorney
RS/
CITY OF CLEARWATER, F ORIDA
By: U)LtL fJ.
William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk