Form_7.11_Hold_Harmless_and_Indemnity_Agreement.pdf
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- Solicitation number
- ITB-26-18-CW
- Issued by
- Volusia County, Florida
About this file
This is a Hold Harmless and Indemnity Agreement form for the City of Port Orange, Florida, pertaining to a Mitigation Reconstruction of a Flood Prone Home Project involving the installation of a new elevated manufactured home in a Port Orange manufactured home park community. The agreement requires the named Contractor to assume liability for loss of or damage to City property resulting from the Contractor's negligence, recklessness, or intentional wrongful misconduct. The Contractor must indemnify and hold harmless the City of Port Orange, its agents, employees, and public officials from all actions, claims, damages, and expenses, including attorney's fees, arising from injury, death, or property damage resulting from the performance of the contract work.
The agreement establishes a broad duty to defend the City as a separate obligation independent of the indemnification duty, requiring the Contractor to cover all litigation costs, attorney's fees, settlement costs, and reasonable expenses regardless of claim validity. For grant-funded projects, the Contractor must extend indemnification to the Florida Department of Emergency Management (FDEM) and the United States government, with indemnification obligations not limited by any caps on damages or benefits payable by the Contractor, its employees, agents, or subcontractors. This form must be completed and returned with the bid submittal.
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Text version
FORM 7.11 - HOLD HARMLESS AND INDEMNITY AGREEMENT
__________________________________, (hereinafter “Contractor”), agrees through the signing of this document by an authorized party or agent that Contractor shall be liable for any loss of, or damage to, City property caused by the negligence, recklessness, or intended wrongful misconduct of Contractor, his/its agents, servants and employees and it shall indemnify and hold harmless the City of Port Orange, and its agents, employees, and public officials from and against all actions, proceedings, claims, demands, costs, damages and expenses, including attorney's fees, by reason of any suit or action brought for any actual or alleged injury to or death of any person or damage to property other than City property, arising out of or incidental to the performance of this contract or work performed thereunder, whether or not due to or caused by the negligence of the City of Port Orange, its agents, employees, and public officials.
To the fullest extent permitted by law, in addition to the express duty to indemnify City when there is any causal connection between Contractor's work and any injury, loss, damage, death or property damage, Contractor expressly undertakes a duty to defend City as a separate duty, independent of and broader than the duty to indemnify. The duty to defend agreed to by Contractor hereby expressly includes all costs of litigation, attorney’s fees, settlement costs and reasonable expenses in connection with the litigation, whether or not the claims made for loss, injury, damage or property damage are valid or groundless and regardless of whether the defense of City is maintained by the City or assumed by Contractor as long as the claims made could be causally connected to Contractor as reasonably determined by City.
This provision shall also pertain to any claims brought against the City of Port Orange, its agents, employees, and public officials by an employee of the named Contractor, any Sub-contractor, or anyone directly or indirectly employed by any of them.
Indemnification for Grant Funded Projects. Contractor shall indemnify, defend and hold harmless the City, Florida Department of Emergency Management (FDEM), its employees and/or their contractors and the government of the United States, its employees and/or their contractors (U.S.), from and against all claims, damages, losses, and expenses, including, but not limited to, attorney’s fees arising out of, resulting from, or incident to Contractor’s performance of its obligations in whole or part of this Agreement, unless such injury or damage is occasioned solely by the fault, negligence, or willful misconduct of the City, FDEM, or US.
In all claims against City, FDEM or U.S., Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, or subcontractors.
CONTRACTOR
DATE
This Form Must Be Completed and Returned with your Submittal.
File details come from the government source that posted it. Updated .