Indemnification_2026_Consultant.doc

DOC document 37 KB Posted

Attached to
Taxiway A Holding Bay
Solicitation number
2026-ITB-028
Issued by
Polk County, Florida

About this file

This is an indemnification and hold harmless agreement document for the City of Lakeland, Florida, applicable to consultant contracts. 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 applies regardless of limitations on damages, compensation, benefits payable under workers' compensation acts, disability benefit acts, employee benefit acts, or insurance coverage limitations. The consultant must select either a timeframe (up to five years) during which the agreement applies to all City contracts, purchase orders, and work performed, or specify a particular project using the bid number, PO/REQ number, or contract date. The agreement was revised on December 30, 2025, and requires execution and notarization by the consultant's owner or officer.

The agreement includes a subrogation waiver clause requiring the consultant and subcontractors to mandate their insurance carriers waive rights of subrogation against the City, except for professional liability claims where waivers apply only when gross negligence is demonstrated by the City. A release of liability provision states that acceptance of final payment constitutes a full release to the City from all claims and liability related to the work unless otherwise specified in a written agreement at the time of final payment. A savings clause ensures that any conflict between the agreement's terms and Florida Statutes Sections 725.06 and 725.08 will be resolved by modifying the agreement to comply fully with applicable Florida law and to enforce it to the greatest extent permitted by state law.

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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 .