O-87-11U
ORDINANCE NO. 0-87-11
ORDINANCE IMPLEMENTING AN
INDEMNIFICATION AGREEMENT WITH
THE COUNTY OF COOK IN LIEU OF
INSURANCE AND SURETY BOND REQUIREMENTS
WHEREAS, the Village of Deerfield 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 Deerfield property lying in, or upon, Rights of
Way of the County of Cook within the corporate limits of the
Deerfield, 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 Deerfield and,
will accept from the Village of Deerfield in lieu of such
insurance, a Hold Harmless Agreement.
NOW THEREFORE BE IT ORDAINED
By the Village of Deerfield ;
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.Deerfield involving a disturbance of any
right of way of the County of Cook within the corporate
limits of the Villaae of Deerfield that we do hereby agree
that;
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ORDINANCE NO. 0-87-11 '1
a. The Villa e of Deerfield, 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 V..illaqe of
Deerfield and its employees in the performance of
the work or activity; and
b. The 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
Deerfield shall, at its own expense, satisfy and
the Villaqe of Deerfield shall discharge the same.
2. The Village of Deerfield shall also indemnify and save
harmless the County of Cook from any claims against or
liabilities incurred by the SLillage of Deerfield. of any type
or nature, to any person, firm or corporation arising from
the Villaqe of Deerfield's wrongful or negligent performance
' of the work or activity.
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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.
4. The clerk of the Villaae of Deerfield 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.
5. 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.
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 work for the municipalities.
ENACTED by the Deerfield Village Board of Trustees
'
Marovitu, Marty, Seidman,
Swanson, York (5)
AYES
YS
(I)ABSENT
ATTEST:
Clerk, Village of DeerfieldL/
this 6th day
APPROVED by me this
6th ay____Of April 1q 87
of
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