Indemnification_2025_Contractor_-_FDOT.docx

DOCX document 36 KB Posted

Attached to
2026 Traffic Signal Cabinet & Controller Upgrades – Final Design
Solicitation number
2025-RFP-077
Issued by
Polk County, Illinois

About this file

This is an Indemnification Agreement document for the City of Lakeland in Polk County, Florida, establishing the contractual indemnification obligations between the City and contractors performing work. The agreement requires contractors to defend, indemnify, and hold harmless the State of Florida Department of Transportation, the City of Lakeland, and their respective officers, directors, agents, and employees from all liabilities, damages, losses, and costs—including direct, indirect, and consequential damages—arising from any acts of negligence, gross negligence, or intentional wrongful misconduct by the contractor, subcontractors, or any persons employed in the performance of work. The indemnification obligation extends to claims brought by any employee of the contractor or subcontractor and explicitly supersedes limitations on damages, compensation, or benefits payable under workers' compensation acts, disability benefit acts, or other employee benefit acts. The agreement is applicable to the Annual Fireworks Display Services contract for the City of Lakeland, under which a qualified fireworks contractor will provide display services for two events: a 3-minute show during the Christmas Parade on December 4, 2025, and a 15-minute show for the Red, White & Kaboom event on July 3, 2026, with a total contract value of $24,000 ($9,000 for the Christmas show and $15,000 for the Red, White & Kaboom event).

The indemnification agreement includes a Waiver of Subrogation clause requiring the contractor and subcontractors to waive subrogation rights under required insurance policies and to request policy endorsements as necessary. The agreement further establishes that acceptance of the final payment constitutes a release to the City from all claims and liability related to the work performed. A Savings Clause provides that if any written terms of the indemnification conflict with provisions of Florida law, particularly Sections 725.06 and 725.08 of the Florida Statutes, the agreement shall be deemed modified to comply with applicable law and remain enforceable to the greatest extent permitted. The document requires notarization and signature by the contractor's owner or officer and must be acknowledged before a notary public. The agreement was revised on December 12, 2024, and serves as a standard requirement for all contractors and subcontractors performing services for the City of Lakeland.

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INDEMNIFICATION

Contractor

To the fullest extent permitted by laws and regulations, and in consideration of the amount stated on any Purchase Order, the Contractor shall defend, indemnify, and hold harmless the State of Florida Department of Transportation, the City, its officers, directors, agents, guests, invitees, and employees from and against all liabilities, damages, losses, and costs, direct, indirect, or consequential (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising out of or resulting from any acts of negligence, gross negligence or intentional wrongful misconduct in the performance of the work by the Contractor, any Subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable.

In any and all claims against the State of Florida Department of Transportation, the City, or any of its officers, directors, agents, or employees by any employee of the Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, 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 Contractor or any such Subcontractor or 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 State of Florida Department of Transportation, the City, the Contractor, or any of his Subcontractors. To the extent this Indemnification conflicts with any provision of Florida Law or Statute, this indemnification shall be deemed to be amended in such a manner as to be consistent with such Law or Statute.

Applicability: It is the express intent of the Contractor 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 #, Requisition #___________,
or Contract dated ______________.

Subrogation: The Contractor and his Subcontractors agree by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor or Subcontractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Contractor or Subcontractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor or Subcontractor enter into such an agreement on a pre-loss basis.

Release of Liability: Acceptance by the Contractor 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 of which Contractor has knowledge at the time.

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:______________________________________ DATE

Joyce Dias, Risk Management & Purchasing Director

Revised 12/12/2024

File details come from the government source that posted it. Updated .