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HomeMy WebLinkAboutG48-92 (3) E r' Ordinance No. G48-92 AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS WHEREAS, the City of Elgin needs to perform construction, maintenance, repair, or activities including, but not limited to, parades, direction of or stoppage of traffic to, or on, City of Elgin property lying in, or upon, Rights of Way of the County of Cook within the corporate limits of the City of Elgin; and WHEREAS, the County of Cook with regard to the issuance of permits for disturbance of County Right of Way requires that insurance protecting the County of Cook from any and all claims that may arise during the course of or in consequence of such work be secured, and further, that a surety bond be posted to guarantee restoration of the County Right of Way following completion of any construction, maintenance, repair or activity; and WHEREAS, the County of Cook will waive surety bond and insurance requirements in favor of the City of Elgin and, will accept from the City of Elgin in lieu of such insurance, a Hold Harmless Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That for and in consideration of waiver by the County of Cook of the insurance and surety bond requirements as foresaid for projects or activities which may be undertaken by the City of Elgin involving a disturbance of any right of way of the County of Cook with the corporate limits of the City of Elgin that it hereby agrees that: a. The City of Elgin, or its successors, or assigns, shall indemnify and save harmless the County of Cook, its officers, agents, employees and servants against all loss, damage or expense that it or they may sustain as a result of any suit, actions or claims of any character brought on account of property damage, injury to or death of any person, or persons including persons performing any work or activity under a permit issued by the Cook County Highway Department which may arise in connection with the work or activities to be performed under all permits arising in any manner from the negligence or wrongful acts or failure to act by the City of Elgin and its employees in the performance of the work or activity, or any contractor doing emergency work or maintenance for the City of Elgin; and b. The City of Elgin shall, at its own expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the County in any such action, the City of Elgin shall, at its own expense, satisfy and the City of Elgin shall discharge the same. Section 2 . The City of Elgin shall also indemnify and save harmless the County of Cook from any claims against or liabilities incurred by the City of Elgin of any type or nature, to any person, firm or corporation arising from the City of Elgin's wrongful or negligent performance of the work or activity. Section 3 . No amendment or repealer of this ordinance shall become effective until thirty ( 30) days next following written notice to the County of Cook of such proposed modification repealer. Said notice shall be served upon the County of cook at the office of the Superintendent of Highways, 118 North Clark Street, Chicago, Illinois 60602 . Section 4 . The clerk of the City of Elgin is hereby authorized and directed to forward to the County of Cook, Department of Highways, Permit Division, a certified copy of this ordinance upon its passage and approval . Section 5 . That this ordinance shall be in full force and effect upon its passage, approval and publication as required by law. All ordinances or parts of ordinances in conflict with the terms and provisions hereof are hereby repealed including specifically Ordinance No. G39-87 passed June 9, 1987 . Section 6 . Nothing in this ordinance negates the necessity of obtaining a permit, where such permit is otherwise required. This Hold Harmless Agreement does not negate bond and insurance from private contractors doing new construction for the municipalities. GeoVanDeVoorde, Mayor Presented: August 12, 1992 Passed: August 12, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 13, 1992 Published: Attest: r ,4 /4 4 / .caw, Dolonna Mecu , C y Clerk Ordinance No. G48-92 AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS WHEREAS, the City of Elgin needs to perform construction, maintenance, repair, or activities including, but not limited to, parades, direction of or stoppage of traffic to, or on, City of Elgin property lying in, or upon, Rights of Way of the County of Cook within the corporate limits of the City of Elgin; and WHEREAS, the County of Cook with regard to the issuance of permits for disturbance of County Right of Way requires that insurance protecting the County of Cook from any and all claims that may arise during the course of or in consequence of such work be secured, and further, that a surety bond be posted to guarantee restoration of the County Right of Way following completion of any construction, maintenance, repair or activity; and WHEREAS, the County of Cook will waive surety bond and insurance requirements in favor of the City of Elgin and, will accept from the City of Elgin in lieu of such insurance, a Hold Harmless Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That for and in consideration of waiver by the County of Cook of the insurance and surety bond requirements as foresaid for projects or activities which may be undertaken by the City of Elgin involving a disturbance of any right of way of the County of Cook with the corporate limits of the City of Elgin that it hereby agrees that: a. The City of Elgin, or its successors, or assigns, shall indemnify and save harmless the County of Cook, its officers, agents, employees and servants against all loss, damage or expense that it or they may sustain as a result of any suit, actions or claims of any character brought on account of property damage, injury to or death of any person, or persons including persons performing any work or activity under a permit issued by the Cook County Highway Department which may arise in connection with the work or activities to be performed under all permits arising in any manner from the negligence or wrongful acts or failure to act by the City of Elgin and its employees in the performance of the work or activity, or any contractor doing emergency work or maintenance for the City of Elgin; and b. The City of Elgin shall, at its own expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the County in any such action, the City of Elgin shall, at its own expense, satisfy and the City of Elgin shall discharge the same. Section 2 . The City of Elgin shall also indemnify and save harmless the County of Cook from any claims against or liabilities incurred by the City of Elgin of any type or nature, to any person, firm or corporation arising from the City of Elgin' s wrongful or negligent performance of the work or activity. Section 3 . No amendment or repealer of this ordinance shall become effective until thirty ( 30) days next following written notice to the County of Cook of such proposed modification repealer. Said notice shall be served upon the County of cook at the office of the Superintendent of Highways, 118 North Clark Street, Chicago, Illinois 60602 . Section 4 . The clerk of the City of Elgin is hereby authorized and directed to forward to the County of Cook, Department of Highways, Permit Division, a certified copy of this ordinance upon its passage and approval . Section 5 . That this ordinance shall be in full force and effect upon its passage, approval and publication as required by law. All ordinances or parts of ordinances in conflict with the terms and provisions hereof are hereby repealed including specifically Ordinance No. G39-87 passed June 9, 1987 . Section 6 . Nothing in this ordinance negates the necessity of obtaining a permit, where such permit is otherwise required. This Hold Harmless Agreement does not negate bond and insurance from private contractors doing new construction for the municipalities . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 12, 1992 Passed: August 12, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: August 13, 1992 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk f Elm rt„ _ _ _ T71441111111 � Agenda Item No. 0 July 9, 1992 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Hold Harmless Ordinance Cook County PURPOSE: The memorandum will provide the Mayor and Council with information to consider passage of the subject ordinance. BACKGROUND: The City crews perform various maintenance and construction activities in State and Cook County rights-of-way (ROW) . In the past, the City has passed an ordinance holding Cook County harmless for any work City crews perform in their ROW, plus we do not have to provide them with any insurance or performance bond. We do the same thing for the State of Illinois on an annual basis, the most recent was the passage of a resolution on January 8, 1992 wherein we hold the State harmless for our work activities and we are not required to provide a performance bond. Attached for your consideration is a copy of an ordinance that has been approved by the Legal Department. It holds Cook County harmless and waives the performance bond for our work within their ROW. This ordinance differs from the current ordinance in that Section la was revised to include "or any contractor doing emergency work or maintenance for the City of Elgin" as shown on line 14 . FINANCIAL IMPACT: There is no cost involved. On the other hand, there is a savings since the ordinance permits the City crews to perform the work without delay and without any performance bond. RECOMMENDATION: It is recommended that the City Council adopt this ordinance and direct the staff to transmit a certified copy to Cook Co nty. et-(44/ 12 (::::1:-, Larry t. ice, City Manager do Attachment