1146-Indemnification Agrmnt-MLK, Jr. ParadeINDEMNIF AGREEMENT
THIS AGREEMENT, made and entered into this -J day o , 2007, by
and between the City of Sanford, a Florida municipal corporation, vAose addreU is 300 North
Park Avenue, Sanford, Florida 32771 (hereinafter referred to as "City ") and the Seminole County
School District, an agency of State government, whose address is 400 East Lake Mary Boulevard,
Sanford, Florida 32773 (hereinafter referred to as the "Board ").
WHEREAS, the School Board would like Seminole County Schools to participate in the
City's Martin Luther King, Jr. Day Parade in January, 2007; and
WHEREAS, the City would like to foster participation in the parade and community
involvement; and
WHEREAS, the City intends to support the Martin Luther King, Jr. Day Parade scheduled
for January 15, 2007, in downtown Sanford and the objectives of the Steering Committee; and
WHEREAS, Greenwood Lakes Middle School and such Sanford zone schools as shall be
approved for participation by the Board or its designee, may desire to participate in the parade;
and
WHEREAS, the Board desires that Seminole County Schools participate in the parade and
foster support for the celebration and continued community involvement; and
WHEREAS, the Board desires to oblige the hold harmless /indemnification request of the
Steering Committee to the extent permitted by Section 768.28, Florida Statutes, and good practice.
NOW, THEREFORE, in consideration of the City seeking the participation of the Seminole
County Schools in the City's Martin Luther King, Jr. Day Parade scheduled for January 15, 2007,
the mutual promises contained herein and other good and valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The Board shall make available personnel, supplies and equipment as required to
perform and participate in the Martin Luther King, Jr. Day Parade. Subject to the provisions and
limitations of Section 768.28, Florida Statutes, the Board shall indemnify the City against all loss
or damage resulting from such participation and hereby agrees to defend, indemnify and hold
harmless the City and its employees, officers, commissioners, agents and representatives from
and against any and all claims, suits, actions, costs, expenses, damages and liabilities including
reasonable attorneys' fees, resulting from death or bodily injury or damage to property, to the
extent caused by the negligence of the Board, its officers, employees or authorized agents arising
out of or in connection with this Agreement and Seminole County schools participation in the
scheduled City's parade as described above.
Nothing herein shall be deemed to affect the rights, privileges and immunities of the Board
and the City as set forth in Section 768.28, Florida Statutes. The foregoing indemnity provision
is not intended as a waiver of the Board's sovereign immunity set forth in Section 2.01, Florida
Statutes. Nor is this provision a waiver of the City's sovereign immunity as likewise set forth in
Section 2.01, Florida Statutes.
2. Subject to the provisions of Section 768.28, Florida Statutes, the Board shall
indemnify and hold harmless the City, its officers, commissioners, employees, agents and
representatives from and against any and all actions, costs, expenses, damages and liabilities,
including reasonable attorneys' fees, resulting from death or bodily injury or damage to property, to
the extent caused by the negligence of the Board, its officers, employees or other authorized agents
in connection with this Agreement. Nothing herein shall be deemed to affect the rights, privileges,
and immunities of the Board as set forth in Section 768.28, Florida Statutes. The foregoing
indemnity provision is not intended as a waiver of the Board's common law right of sovereign
immunity, as adopted in Section 2.01, Florida Statutes. The limited waiver of sovereign immunity
set forth in Section 768.28, Florida Statutes, for tort actions brought against the Board shall be
applicable to any action brought pursuant to this indemnity provision, even if the indemnity action
sounds in contract rather than in tort.
3. This Agreement is limited in scope to the Martin Luther King, Jr. Day Parade
scheduled in the City of Sanford on January 15, 2007, or any continuance thereof by reason of
inclement weather.
4. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
above written.
ATTEST:
Janet R. Dougherty, Clerk
Approved as to form and legal
sufficiency:
Ken eth W. h, Assistant City Attorney
CITY OF SANFORD
Robert Yehl, C Manager
Date
ATTEST:
4;Q2 V
Bill Vogel, Superintendent
Approved ps to form and legal
Ned N. Julian, Jr.
Executive Director, L gal Services
SCHO OAR O EMINOLE COUNTY,
FLO DA
rry Gai airman
,7
Date
Indemnification Agreement
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