G48-92 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