Laserfiche WebLink
<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 />Agencies, and their respective officials officers, employees, contractors, agents, <br />and representatives with respect to any claim, loss, liability, damage, lawsuit, <br />cost, or expense, including attorney's fees and costs, that arises out of, or is in <br />any way related, to any industrial/worker compensation injury sustained by an <br />officer or employee of the indemnifying Member Agency during the performance <br />of service to the ILJAOC or the other Member Agencies under this Agreement. <br /> <br />5.06 ILJAOC shall employ the principles of sound risk management in its <br />operations. Risks of loss shall be identified, evaluated, and treated in a manner <br />that protects the ILJAOC and each Member Agency from adverse financial <br />consequences. This may be accomplished in part through the purchase of <br />appropriate commercial insurance. <br /> <br />The Risk Manager, or his/her designee, of one Member Agency shall be <br />designated by the Board, with the consent of the Member Agency, as the <br />16 <br />