HomeMy WebLinkAboutORDINANCE - 2253 - 7/14/1992 - AGREEMENT, INDEMNIFICATIONORDINANCE NO. 2253
AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH
THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND RE-
QUIREMENTS WITH THE VILLAGE OF ELK GROVE VILLAGE
WHEREAS, the Village of Elk Grove Village needs to perform
construction, maintenance, repair, or activities including, but not
limited to, parades, direction of or stoppage of traffic to, or on,
Village of Elk Grove Village property lying in, or upon, Rights -of -Way
of the County of Cook within the corporate limits of the Village of Elk
Grove Village: 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 Village of Elk Grove Village and, will
accept from the Village of Elk Grove Village in lieu of such insurance,
a Hold Harmless Agreement.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, State of 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
Village of Elk Grove Village involving a disturbance of any right of
way of the County of Cook within the corporate limits of the Village of
Elk Grove Village that we do hereby agree that:
A. The Village of Elk Grove Village, 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 Village
of Elk Grove Village and its employees in the
performance of the work or activity or any
contractor doing emergency work or maintenance
for the Village of Elk Grove Village; and
B. The Village of Elk Grove Village 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 judgement shall be rendered against
the County in any such action, the Village of Elk
Grove Village shall, at its own expense, satisfy
and the Village of Elk Grove Village shall
discharge the same.
Section 2. The Village of Elk Grove Village shall also
indemnify and save harmless the County of Cook from any claims against
or liabilities incurred by the Village of Elk Grove Village of any type
or nature, to any person, firm or corporation arising from the Village
of Elk Grove Village'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
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Superintendent of Highways, 118 North Clark Street, Chicago, Illinois
60602.
Section 4. The Clerk of the Village of Elk Grove Village 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 abolished.
Section 6. That 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.
VOTE: AYES: 6
PASSED this 14th
APPROVED this 14th
ATTEST:
Patricia S. Smith
Village Clerk
PUBLISHED this
in pamphlet form.
16th
NAYS: 0 ABSENT: 0
day of July 1992.
day of July 1992.
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Charles J. Zettek
Village President
day of July , 1992
RICHARD J. PHELAN. President
Board of County Commissioners
June 17,
COUNTY OF COOK
DEPARTMENT OF HIGHWAYS
^
COUNTY BUILDING bI J r
IIB NORTH CLARK STREET
CHICAGO. ILLINOIS 60602
OFFICE of the SUPERINT
The Honorable`Charles J. Zettek, President
Village of Elk Gr a Village
901 Wellington Ave e
Elk Grove Village, Illi is 60007
Dear President Zettek: �\
It i:"- C;EiVr—LJ
VIUAGE PRESIDENT'S OFFICE
MARCO OOMICO, Chairman
Commitleq,gn Roads and Bridges
RE: HOLD HARMLESS AGREEMENT
The Permit Division of the Cook County Highway Department presently has a HOLD
HARMLESS AGREEMENT on file for the Village of Elk Grove Village, which was approved
by the Village Board of Trustees for the purpose of obtaining permits located in the Cook
County Right of Way.
We have recently updated our HOLD HARMLESS AGREEMENT to include in, Paragraph (la),
Line (11), "any contractor doing emergency work or maintenance for the Village of Elk Grove
Villager'; and changed, Paragraph (6) Line (3), from work to new construction.
We are attaching, herewith, an updated copy for review and approval by the Village Board of
Trustees. Please return an executed copy of this revised HOLD HARMLESS AGREEMENT
to our office.
If you have any questions, please contact Mr. Gabriel Ditore, Permit Engineer, 443-5988.
Very t yours,
GJ
Glenn W. Frederichs
Superintendent of Highways
Cook County, Illinois