Form_9.18_Hold_Harmless_and_Indemnity_Agreement.pdf
PDF 134 KB Posted
- Solicitation number
- RFP-26-24-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, establishing liability and indemnification requirements for contractors performing work on the city's elevation of flood-prone homes project. The agreement requires the contractor to assume liability for any loss or damage to city property resulting from the contractor's negligence, recklessness, or intentional misconduct, and to indemnify and hold harmless the City of Port Orange, its agents, employees, and public officials from all claims, damages, costs, and expenses arising from injuries, deaths, or property damage incidental to contract performance. The contractor's indemnification duty extends to claims brought by employees of the contractor, subcontractors, or anyone directly or indirectly employed by them.
For projects funded by grants, the contractor must indemnify, defend, and hold harmless not only the City of Port Orange but also the Florida Department of Emergency Management (FDEM) and the United States government, along with their respective employees and contractors, from all claims and damages arising from the contractor's performance of its obligations under the agreement. The contractor's indemnification obligation expressly includes a separate duty to defend the city and other protected parties, covering all litigation costs, attorney's fees, settlement expenses, and reasonable litigation expenses regardless of whether claims are valid or groundless, provided they could be causally connected to the contractor's work. This indemnification obligation is not limited by any caps on damages or benefits otherwise available to the contractor or its employees, agents, or subcontractors. The form must be completed and returned with all bid submittals.
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Text version
FORM 9.18 - 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 .