Indemnification_2025_Consultant.doc
DOC document 38 KB Posted
- Attached to
- Landscaping Services
- Solicitation number
- 2025-RFQ-009
- Issued by
- San Joaquin County, Sunnyvale City, Florida
About this file
This is an indemnification agreement template for the City of Lakeland, Florida, establishing liability and insurance requirements for consultants performing work under the City's contracts, purchase orders, and task authorizations. The agreement applies to either all City contracts for a specified period not to exceed five years, or to individual contracts, purchase orders, or bids as designated by the parties. The consultant must indemnify and hold harmless the City and its officers and employees from all liabilities, damages, losses, and costs, including reasonable attorneys' fees, arising from the negligence, recklessness, or intentionally wrongful conduct of the consultant and persons employed or utilized by the consultant. The indemnification obligation extends to claims by any person employed or utilized by the consultant and is not limited by workers' compensation acts, disability benefit acts, or limitations on insurance coverage amounts or types. The agreement requires the consultant and subcontractors to obtain insurance policy waivers of subrogation rights against the City, with an exception for professional liability claims where subrogation rights may be waived only in cases of demonstrated gross negligence by the City.
The document includes a savings clause providing that if any written terms conflict with Florida Statutes Sections 725.06 and 725.08, the terms shall be modified as necessary to comply with state law and remain enforceable. Acceptance of final payment by the consultant constitutes a full release of the City and its officers and agents from all claims and liability related to the work, unless a written agreement specifying otherwise is executed at the time of final payment. The agreement requires notarization and signature by both the consultant organization and the City of Lakeland, represented by the Risk & Purchasing Director. The template was revised on December 10, 2024, and is designed to be completed with specific applicability dates or contract identification numbers as appropriate for each engagement.
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Text version
INDEMNIFICATION
Consultant To the fullest extent permitted by laws and regulations, and in consideration of the amount stated on any Purchase Order or Task Authorization, the Consultant shall indemnify and hold harmless the City, and its officers and employees, from all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Contract.
In any and all claims against the City, or any of its officers or employees, by any person employed or utilized by the Consultant in the performance of this Contract, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant or any other person or organization under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts, nor shall this indemnification obligation be limited in any way by any limitation on the amount or type of insurance coverage provided by the City, the Consultant, or any other person or organization.
Applicability: It is the express intent of the Consultant that this agreement shall apply for the project(s) or time period indicated below. (Check and complete one):
______ Agreement is applicable to all contracts, purchase orders and other work performed for the City of Lakeland for the time period of not more than five (5) years.
______________________ to ______________________.
(Date)
(Date)
(OR)
______ Agreement is limited to Bid #, Purchase Order # _______________, or Contract dated ______________.
Subrogation: The Consultant and its Subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, except for “Professional Liability.” In the case of “Professional Liability,” the Consultant and its Subcontractors shall require their insurance carriers to waive all rights of subrogation except in situations where gross negligence is shown on the part of the City.
Release of Liability: Acceptance by the Consultant of the last payment shall be a release to the City and every officer and agent thereof, from all claims and liability hereunder for anything done or furnished for, or relating to the work, or for any act or neglect of the City or of any person relating to or affecting the work unless otherwise specified in a written agreement between Consultant and City at the time of final payment.
Savings Clause:
The parties agree that to the extent the written terms of this Indemnification conflict with any provisions of Florida laws or statutes, in particular Sections 725.06 and 725.08 of the Florida Statutes, the written terms of this indemnification shall be deemed by any court of competent jurisdiction to be modified in such a manner as to be in full and complete compliance with all such laws or statutes and to contain such limiting conditions, or limitations of liability, or to not contain any unenforceable or prohibited term or terms, such that this Indemnification shall be enforceable in accordance with and to the greatest extent permitted by Florida Law.
Name of Organization
BY:
Signature of Owner or Officer
E-Mail Address
STATE OF : ________________________
Organization Phone Number
COUNTY OF: ________________________
The foregoing instrument was acknowledged before me, by means of physical presence, this _____ day of _____________, 2025.
by ______________________________, of _____________________________________.
Printed Name of Owner / Officer
Corporate or Company Name
He/She is personally known to me or has produced ________________________________ as
State Drivers License Number identification, and did _______ / did not __ _____ take an oath.
Signature of Person Taking Acknowledgment
Printed Name of Person Taking Acknowledgment
Notary Seal
CITY OF LAKELAND
BY:
Joyce Dias, Risk & Purchasing Director
DATE
Revised date: December 10, 2024 Page 1 of 1
File details come from the government source that posted it. Updated .