Indemnification_2025_Vendor.doc
DOC document 39 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 document issued by the City of Lakeland, Florida, establishing hold harmless and indemnification requirements for vendors providing products or services to the municipality. The agreement requires vendors to defend, indemnify, and hold harmless the City, its officers, directors, agents, and employees from all liabilities, damages, losses, and costs—including direct, indirect, and consequential damages—arising from acts of negligence, recklessness, or intentional wrongful misconduct related to the vendor's products or services. The indemnification obligation extends to all persons or organizations directly or indirectly employed by the vendor and applies regardless of any limitations imposed by workers' compensation acts, disability benefit acts, or other employee benefit acts. Vendors may elect to apply this agreement either to all contracts and purchase orders with the City for up to five years or to specific bid, purchase order, requisition, or contract numbers as indicated on the form.
The agreement includes provisions requiring vendors to waive subrogation rights for all required insurance policies and mandates that acceptance of final payment by the vendor constitutes a complete release of the City from all claims and liability related to the work performed. A savings clause ensures that to the extent any terms of the indemnification conflict with Florida Statutes, particularly Sections 725.06 and 725.08, the agreement shall be modified to comply with applicable state law and remain enforceable to the greatest extent permitted. The document requires notarization and signature by a vendor representative and must be countersigned by Joyce Dias, Risk & Purchasing Director for the City of Lakeland, as revised December 10, 2024.
View the file
Other files
Show all 11
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Hold Harmless/Indemnification
VENDOR
To the fullest extent permitted by laws and regulations, and in consideration of the amount stated on any Purchase Order, the Vendor shall defend, indemnify, and hold harmless 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, recklessness or intentional wrongful misconduct related to the product by the Vendor or any person or organization directly or indirectly employed by Vendor in furnishing the product or anyone for whose acts any of them may be liable.
In any and all claims against the City, or any of its officers, directors, agents, or employees by any employee of the Vendor, any person or organization directly or indirectly employed by Vendor in furnishing the product 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 Vendor 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 City or the Vendor. 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 Vendor 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 Vendor agrees 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 Vendor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Vendor 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 Vendor enter into such an agreement on a pre-loss basis.
Release of Liability: Acceptance by the Vendor 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.
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 & Purchasing Director
Revised: December 10, 2024
File details come from the government source that posted it. Updated .