Village of Bannockburn, IL Article II Indemnification of Village

[Adopted 3-24-1986 by Ord. No. 86-08]

§ 125-3 Protection against liability.

A. Any person who enters into an agreement or contract with the Village, whether written or oral, to conduct, perform, design, construct, maintain, repair, or otherwise be involved in or with a public works activity for or on behalf of the Village shall, as a condition of each such agreement or contract, and whether or not expressly stated in such agreement or contract:

(1) Indemnify, save, and hold the Village, its corporate authorities, officers, officials, boards, commissions, employees, agents, attorneys, and legal representatives harmless from and against any injury, claim, demand, suit, judgment, execution, liability, debt, damages, or penalty arising out of, resulting from, or alleged to arise out of or result from, the conduct, performance, design, construction, maintenance, repair, or any other involvement in or with a public works activity and caused in whole or in part by any act or omission of such person, his/her employees, officers, directors, agents, subcontractors, or anyone for whose acts any of them would be liable;

(2) Pay all expenses, including attorneys' fees, experts' fees, and the reasonable value of services rendered by any employee of the Village, incurred by the Village in defending itself with regard to any such injury, claim, demand, suit, judgment, execution, liability, debt, damages, or penalty; and

(3) Maintain at his/her own expense throughout the duration of the agreement or contract insurance sufficient to cover the obligations assumed pursuant to Subsection A(1) and (2) above, including, without limitation, the following types and amounts of insurance:

(a) General comprehensive liability insurance, designating the Village as a named insured, in the minimum amounts of $1,000,000 for bodily injury and property damage, combined, for each occurrence, and $1,000,000 in aggregate liability for personal injury;

(b) Contractual liability insurance, designating the Village as a named insured, in the minimum amount of $1,000,000;

(c) Automobile liability insurance, including comprehensive form, owned, hired, and non-owned, designating the Village as a named insured, in the minimum amount of $1,000,000 for bodily injury and property damage, combined, for each occurrence;

(d) Workers' compensation insurance within statutory limits; and

(e) Employers' liability insurance of not less than $500,000.

B. No later than seven days after entering into such agreement or contract with the Village, such person shall present to the Village evidence of such insurance required in Subsection A(3). All policies of insurance required by Subsection A(3) shall be placed with companies which are qualified to write insurance in the State of Illinois by the Illinois Director of Insurance and which maintain throughout the policy term a general rating of "A" and a financial size category of "XV" as determined by the A.M. Best Company. All such insurance policies shall provide that the Village shall receive written notice of cancellation at least 30 days prior to the cancellation date. No insurance policy which provides for a deductible in excess of $10,000 shall satisfy the requirements of Subsection A(3) unless specifically approved by the Board of Trustees. Upon a finding by the Board of Trustees that the strict requirements of Subsection A(3) are not necessary to protect the Village adequately, the Board of Trustees may modify or waive the requirements hereof.

§ 125-4 Subcontractors.

Any person who enters into an agreement with the Village to conduct, perform, design, construct, maintain, repair, or otherwise be involved in or with a public works activity for or on behalf of the Village shall cause any other person (other than employees) with whom he/she agrees or contracts to assist in the conduct, performance, design, construction, maintenance, repair, or any other involvement in or with such public work activity to comply with the requirements of § 125-3 of this article.