HomeMy WebLinkAboutOrd 4449 07/07/1992 ORDINANCE NO. 4449
AN ORDINANCE IMPLEMENTING AN
INDEMNIFICATION AGREENENTWITH THE COUNTY OF COOK
IN LIEU OF INSURANCEAND SURETY BOND REQUIREMENTS
PASSED ANDAPPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 7th day of July , 1992
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
8th day of July , 1992.
ORDINANCE NO. 4449
oRDINANCE IMPLEMENTING AN
INDEMNIFICATION AGREEMENT WITH
THE COUNTY OF COOK IN LIEU OF
INSURANCE AND SURETY BOND REQUIREMENTS
WHEREAS, the Village of Mount Prospect 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 Mount Prosoect property lying in, or upon, Rights of
Way of the County of Cook within the corporate limits of the Village of Mount Prospect,
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 ail 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 reqmrements
in favor of the Village of Mount Prospect and, will accept from the Village of Mount
Prospect in lieu of such insurance, a Hold Harmless Agreement.
NOW THEREFORE BE IT ORDAINED
By the Village of Mount Prospect;
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 Mount prospect involving a disturbance of any right of
way of the County of Cook within the corporate limits of the Village of Mount
Prospect that we do hereby agree that;
a. The Village of Mount Prospect. 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 m 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 Mount
Prospect and its employees ~n the performance of the work or activity,
or any contractor doing emergency work or maintenance for the Village
of Mount Prospect; and
b. The Village of Mount Prosoect 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 Mount Prospect shall, at its own expense, satisfy and the
Village of Mount Prospect shall discharge the same.
2. The Village of Mount Prospect shall also indemnify and save harmless the County of
Cook from any claims against or liabilities incurred by the Village of Mount Prospect
of any type or nature, to any person, firm or corporation arising from the Village of
Mount Prosoect's wrongful or negligent performance of the work or activity.
2
. 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 Mount Prospect 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 pnvate contractors doing new construction for the municipalities.
ENACTED by the Mount Prospect Village Board of Trustees
this 7 day of July 19 92.
6 AYES APPROVED by me this
0 NAYS day of 19_
Gerald k. ra/rley
~~j~ Village President///
ATTEST:
Carol A. Fields
Clerk, Village of Mount Prospect