Indemnification_2026_Consultant.doc
DOC document 37 KB Posted
- Attached to
- Congestion Relief Alternative for SR99 State and local contract opportunity
- Solicitation number
- 2026-RFP-009
- Issued by
- Polk County, California
About this file
This is an indemnification and hold harmless agreement template issued by the City of Lakeland, Florida for use by consultants performing work under purchase orders or task authorizations. The agreement requires consultants to indemnify and hold harmless the City, 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, employee benefit acts, or insurance coverage limitations. The consultant must select whether the agreement applies to a specified timeframe (up to five years) for all City contracts and work performed during that period, or to specific projects identified by bid number, purchase order/requisition number, or contract date.
The agreement requires consultants and their subcontractors to have their insurance carriers waive all rights of subrogation against the City, except for professional liability claims where subrogation rights may be retained only in cases of gross negligence by the City. Acceptance of final payment by the consultant constitutes a release to the City from all claims and liability relating to the work unless otherwise specified in a written agreement at the time of final payment. A savings clause provides that if any terms of the indemnification conflict with Florida Statutes Sections 725.06 and 725.08, the agreement shall be modified to comply with state law and remain enforceable to the greatest extent permitted. The document requires notarization and signature by the consultant's owner or officer, with execution by the City's Risk and Purchasing Director.
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Text version
Hold Harmless/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.
Check One and Complete: It is the express intent of the Consultant that this agreement shall apply for the timeframe or project(s) indicated below.
Timeframe: You may select up to five (5) years. This agreement is applicable to all contracts, purchase orders, and other work performed for the City of Lakeland within the dates specified.
_______________________________ to _______________________________.
(Date) (Date)
(OR)
Project(s): Agreement is limited to Bid # __________________, PO/REQ # _______________, 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 _____________, 2026.
by ______________________________, of _____________________________________.
Printed Name of Owner / Officer
Corporate or Company Name
If Applicable - DBA’s or Subsidiaries.
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 date: December 30, 2025
File details come from the government source that posted it. Updated .