HomeMy WebLinkAboutORDINANCES-1987-041-O-87•
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iAN ORDINANCE
Implementing an Indemnification Agreement
with the County of Cook in Lieu of
Insurance and Surety Bond Requirements
WHEREAS, the City of Evanston needs to perform
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construction, maintenance, repair, or activities including, but
not limited to, parades, direction of or stoppage or traffic
to, or on, City of Evanston property lying in, or upon, Rights
of Way of the County of Cook within the corporate limits of the
City of Evanston; and
WHEREAS, the County of Cook with regard to the
issuance of permits for disturbance of County Right of Way, i
requires that insurance protecting the County of Cook from any
i� a.nd 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,
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! repair or activity; and
WHEREAS, the County of Cook will waive surety bond
and insurance requirements in favor of the City of Evanston
and, will accept from the City of Evanston in lieu of such
insurance, a Hold Harmless Agreement;
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NOW, THEREFORE,.BE IT ORDAINED BY THE.CITY COUNCIL OF
i THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That for and in consideration of
it
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waiver_ by the County of Cook of the
insurance and surety bond requirements as aforesaid for
projects or activities which may be undertaken by the City of
Evanston involving a disturbance.of any right of way of the
County of Cook within the corporate limits of the City of
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• Evanston that we do hereby agree that:
A. The City of Evanston, or its successors, or assigns,
shall indemnify and save harmless the County of Cook, its
officers, agents, employees and servants against all loss,
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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 Evanston and its
employees in the performance of the work or activity; and
B. The Ci.ty of Evanston shall, at its own expense,
iappear, 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
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County in any such action, the City of Evanston shall, at its
own expense, satisfy and the City of Evanston shall discharge
the same.
SECTION 2: That the City of Evanston shall
j also indemnify and save harmless the
• County of Cook from any claims against or liabilities incurred
by the City of Evanston of any type or nature, to any person,
firm or corporation arising from the City of Evanston's
wrongful or negligent performance of the work or, activity.
SECTION 3: That 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: That the clerk of the City of Evanston 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: All ordinances or parts of ordinances
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in conflict herewith are hereby repealed.
SECTION 6: This ordinance shall be in full force
and effect from and after its, passage,
approval, and publication in the manner provided by-law.
SECTION 7: 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
work for the municipalities.
Introduced: t 1987.
Adopted: 1987.
Approved: 21 1987.
U Mayor
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ATTEST:
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City Clerk
ApE owed as to for n:
I tk \ �'_ `A
U Corporat orl ounsel
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