O-92-35ORDINANCE NO. 0 -92 -35
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 Village of 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 Village of Deerfield that we do
hereby agree that;
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ORDINANCE NO. 0 -92 -35
a. The Village 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 Village of Deerfield and its
employees in the performance of the work or activity, or any contractor
doing emergency work or maintenance for the Village of Deerfield; and
b. The Village of Deerfield 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 Village 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 Village of Deerfield of any type
or nature, to any person, firm or corporation arising from the Village of Deerfield's
wrongful or negligent performance of the work or activity.
Pa
ORDINANCE NO. 0 -92 -35
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 Village 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 new construction for the municipalities.
ENACTED by the Deerfield Village Board of Trustees
20th
this day of July 19 92
Ehlers, Marovitz, Rosenthal,
Seidman, Swart zA i�
None (0) NAYS
Swanson (1) ABSENT
ATTEST:
Clerk, Village of Deerfield
3
APPROVED by me this
20thday of July 1992