|
<br />5.03 Excep__s provided in Section 8.05, the4tJAOC shall protect,
<br />defend, indemnify, and hold free and harmless the Member Agencies and their
<br />respective elected and appointed boards, officials, officers, agents, volunteers,
<br />and employees from and against any and all liabilities, damages, loss, cost,
<br />claims, expenses, actions, or proceedings of any kind or nature caused by
<br />ILJAOC employees or employees of Member Agencies who are performing
<br />ILJAOC functions, including, but not by way of limitation, injury or death of any
<br />person, injury or damage to any property, including consequential damages and
<br />attorney's fees and costs, resulting or arising out of or in any way connected with
<br />the negligent acts or failure to act in the course and scope of carrying out their
<br />responsibilities in the performance of their duties to the ILJAOC and for which the
<br />ILJAOC will maintain sufficient insurance coverage in effect at all times as
<br />recommended by their Risk Manager, to cover any such damage claim, loss,
<br />cost, expense, action, proceeding, liability, or obligation.
<br />
<br />5.04 Any contract with a non-member public agency ("non Member
<br />Agency") receiving services pursuant to this Agreement shall include a mutual
<br />indemnification provision wherein the non Member Agency and the ILJAOC shall
<br />mutually agree to defend and indemnify the other in an amount equal to its
<br />proportionate share of liability on a comparative fault basis. The contract shall
<br />also provide: 1) That the indemnity obligation shall exist with respect to any
<br />claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in
<br />any way related to, the performance of services pursuant to the contract; and 2)
<br />The obligation of the non Member Agency and the ILJAOC pursuant to the
<br />indemnification provision will extend, without limitation, to an injury, death, loss,
<br />or damage which occurs in the performance of the contract and that is sustained
<br />by any third party, any agent, or contractor of the non Member Agency or the
<br />ILJAOC.
<br />
<br />5.05 Member Agencies shall be responsible for the continued provision
<br />of worker's compensation coverage for the officers or employees of the Member
<br />Agencies that are assigned to provide services to the ILJAOC and/or serve as
<br />officers or employees of the ILJAOC. In this regard, each Member Agency shall
<br />defend, indemnify, and hold harmless the ILJAOC and any other Member
<br />
<br />15
<br />
|