G27-85 v
Ordinance No. G27-85
AN ORDINANCE
IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE
COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS
WHEREAS, it may periodically become necessary for the City of Elgin to perform
construction and/or maintenance and repair work to City property lying in or upon rights-
of-way of the County of Cook within the corporate limits of the City; and
WHEREAS, general County policy with regard to the issuance of permits for dis-
turbance of County rights-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 such work project; and
WHEREAS, the general policy of the County of Cook requires that such insurance
and surety bond as aforesaid be provided before a permit for work in or upon County
right-of-way will be issued; and
WHEREAS, the County of Cook will waive surety bond requirements in favor of the
City, and further, will accept from the City 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 I. That for and in consideration of waiver by the County of Cook of the
insurance and surety bond requirements as aforesaid for projects which may be under-
taken by the City of Elgin, involving a disturbance of any right-of-way of the County of
Cook within the corporate limits of the City of Elgin, the City does hereby agree that it
shall indemnify, keep and save harmless the County, its agents, officials and employees,
against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judg-
ments, costs and expenses, which may in anywise accrue against the County in con-
sequence of the granting of this agreement or which may in anywise result therefrom,
whether or not it shall be alleged or determined that the act was caused through negli-
gence or omission of the City of Elgin or its employees, of a sub-contractor or his
employees, if any, and the City of Elgin shall, at its own expense, appear, defend and pay
all charges of attorneys and 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 discharge the same.
The City of Elgin expressly understands and agrees that any performance bond or
insurance protection required by this agreement, or otherwise provided by the City of
Elgin, shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the County as herein provided.
Section 2. 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 or 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.
� r
Section 3. 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 4. 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 abolished.
s/ Marlene Shales
Marlene Shales, Mayor Pro Tern
Presented: April 8, 1 985
Passed: April 8, 1 985
Vote: Yeas 6 Nays o
Recorded:
Published:
Attest:
5/ Marie Yearman
Marie Yearman, City Clerk
r