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HomeMy WebLinkAboutORDINANCE - 1880 - 4/14/1987 - INDEMNIFICATION AGRMT/COOK COUNTYORDINANCE NO. 1880 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 con- struction, 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 RESOLVED 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, in- jury 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 per- formance of the work or activity. -1- 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 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 con- tractors doing work for the municipalities. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 14th _ _ day of April , 1987. APPROVED this 14th day of April , 1987. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk PUBLISHED this 21st day of April 1987 in pamphlet form. O EORGE W. OUNNE,Pronldonl Board of Coonlr Commlulonars March 6, 1987 COUNTY OF COOK DEPARTMENT OF HIGHWAYS COUNTY.:' BUILDING 118 NORTH CLARK STREET CHICAGO, ILLINOIS 80802 OPPIC[ N iM BU PERIMT[ND [N� MAPCO D0MIC0, Chnlrmnn C'.."':. on Floods and Bridge, MAp 1987 MCI %rf/Ngp t MCI The Honorable Charles J. Zettek, P esident Village o Elk Grove Village 901 Welling In Avenue Elk Grove Vi l age, Illinois 60007 RE: HOLD HARMLESS AGREEMENT Dear President Zettek: 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 all activities, i.e. marathons, parades, construction, etc. 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 Ditcre, Permit Engineer, 443-5988. Ver truly yours, Rice terman Superintendent of Highways Cook County, Illinois