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25J - AMEND JOINT POWERS AGMT
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08/18/2008
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25J - AMEND JOINT POWERS AGMT
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Last modified
1/3/2012 4:29:08 PM
Creation date
8/13/2008 9:35:04 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25J
Date
8/18/2008
Destruction Year
2013
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<br />without limiting the foregoing indemnification obligation, ttle ILJAOC will maintain <br />sufficient insurance coverage in effect at all times as recommended by their Risk <br />Manager, to cover any such damage claim, loss, cost, expense, action, <br />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 reapect 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, 1056, <br />or damage which occurs in the perfonnance 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 principl8s 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 />16 <br /> <br />25J-17 <br />
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