Attachment_6_PWS_Hold_Harmless_Agreement_(8-16).docx

Hold Harmless Indemnity Agreement Attachment 6

HSCEDM-17-R-00003

Hold Harmless Indemnity Agreement Attachment 6

HSCEDM-17-R-00003

Office of Acquisition Management

U.S. Department of Homeland Security 801 I Street, NW, Suite 910-10 Washington, D.C. 20536

ADDENDUM TO THE AGREEMENT

BETWEEN

AND THE

U.S. DEPARTMENT OF HOMELAND SECURITY,

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

This addendum supplements an agreement made _______ [date]between _________________ (referred to herein as the “”Contractor”) and the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (“ICE”).

1. Driver of Vehicle. ICE vehicles may be driven only by designated employees of the Contractor. The Contractor shall ensure, that all contractor - employed drivers of ICE vehicles meet all medical and legal requirements for driving. These include, without limitation, that the driver will:

(a) be over 21 years of age, unless a state law prohibits setting an age requirement;

(b) be an appropriately-qualified, certified, and licensed driver;

(c) possess a license to drive that has not been revoked or suspended in any state within the previous three (3) years, even if he or she now possesses a valid driver’s license;

(d) not operate the vehicle under the influence of alcohol or other intoxicants, such as drugs or narcotics, or under any other physical or mental impairment which adversely affects driver’s ability to operate the ICE vehicle; and

(e) carry no more passengers than the vehicle has available working seatbelts.

2. Return of Vehicle. Any ICE vehicle driven by the Contractor’s employee shall be returned to ICE in the same physical and operational condition as when the Contractor received it from ICE, excepting ordinary wear and tear. ICE is responsible for the fuel, maintenance and routine repair costs for all ICE vehicles. The vehicle’s condition, including whether any given damage constitutes ordinary wear and tear, shall be assessed solely by ICE. . The amount of time that the Contractor can use an ICE vehicle shall be determined by ICE.

3. Insurance and Property Damage: The Contractor warrants either that it is self-insured or that it has obtained adequate insurance to comply with all applicable laws, regulations, policies, and contract terms or conditions. The Contractor agrees to be fully responsible for any damage to the ICE vehicle(s) and for damage or injury to other property or people that arises out of the negligence, or the knowing or intentional wrongdoing, of the Contractor’s employees that occurs while driving ICE vehicles. The Contractor agrees to fully cooperate with ICE if any claim is made and to cooperate with ICE in any investigation involving an ICE vehicle which was driven by a Contractor employee or sub-contractor.

4. Other Liability. The Contractor assumes all risks from the use of the ICE vehicle. The Contractor is responsible for damage to the Contractor’s property or goods left or stored in the ICE vehicle. The Contractor agrees not to hold ICE liable for damage from downtime, materials, or other consequential damages resulting from the use of the ICE vehicle. The Contractor releases and holds harmless ICE, its agents, and its employees from and against any and all losses, liabilities, damages, injuries, claims, costs, and expenses arising out of the Contractor’s use or possession of the vehicle, including, but not limited to, any and all fines, penalties, and forfeitures imposed by any governmental entity and to the extent not covered by insurance. The Contractor shall additionally hold ICE harmless for all losses, liabilities, and expenses in excess of the limits of liability insurance provided herein as a result of injury, death, or property damage arising out of the Contractor’s use of the vehicle. Neither the Contractor, including any of its employes, nor any other driver of the ICE vehicle shall be deemed the agent, servant, or employee of ICE for any reason or any purpose.

5. Reporting of Accidents. The Contractor will immediately report to ICE any accidents or damage to the vehicle and shall immediately deliver to ICE any document received by the Contractor relating to any claim, suit, or proceeding connected with any accident or event involving the vehicle.

6. Warranty Disclaimer. ICE disclaims any and all warranties, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing, or usage of trade. ICE does not warrant and specifically disclaims any warranty that an ICE vehicle will always be available for the Contractor’s use and that an ICE vehicle will be without need of repair or in good working order. ICE does not warrant the actions or omissions of a manufacturer or repairer of the ICE vehicle.

7. Indemnification of ICE. The Contractor shall indemnify, defend, and hold harmless ICE and its officers, agents, employees, and each of them, from and against any and all third party claims, demands, causes of action, costs, damages, expenses, losses and liabilities (including reasonable attorneys’ fees) incurred or to be incurred, arising out of or resulting from, the Contractor’s operation of the ICE vehicle.

FOR [Contractor’s Name] ______________________________

Name ______________________________

FOR U.S. IMMIGRATION AND CUSTOMS

ENFORCEMENT

Name ICE Contracting Officer

Signature ______________________________

Date: ______________________________ image1.png