HomeMy WebLinkAboutINRCOG 28E Agreement-02/13/1995 i3�9s
COORDINATED CONTRACTORS ' INDEMNITY AGREEMENT
WHEREAS, the City named below (hereinafter "City" ) wishes to
simplify and reduce the cost of providing certain protection to
City regarding contractors doing business within its jurisdiction;
and
WHEREAS, Iowa Northland Regional Council of Governments
(hereinafter "INRCOG" ) wishes to facilitate cooperation among local
governments, and assist contractors in meeting local government
insurance requirements; and
WHEREAS, and purchase of insurance by contractors for the
purpose of protecting City and/or its citizens will help effectuate
one of the purposes of good government.
NOW, THEREFORE, in consideration of the mutual covenants and
promises contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, INRCOG and City agree to the following terms and
conditions .
1 . INRCOG hereby agrees to indemnify, protect, and save
harmless City for any and all liability or other loss or expense
(direct or otherwise) which may arise out of a participating
contractor' s activities within said City and for which insurance
was purchased by said contractor naming INRCOG as an additional
insured or otherwise affording coverage to INRCOG.
2 . Should a claim be made for the performance or
nonperformance of any contractor who is participating in City' s
contractor insurance program, INRCOG agrees to indemnify, protect,
and save harmless said City.
3 . In consideration of INRCOG' s indemnification, City
releases and discharges INRCOG for any liability over and above any
amounts covered by contractor' s insurance policy.
4 . INRCOG will make every good faith effort to collect all
sums due and owing it under the insurance policy of contractor for
the use and benefit of City. City agrees to provide and pay for
any collection or litigation costs associated with such effort.
5 . City agrees that INRCOG may charge a nominal fee to
contractor for the costs of handling each application filed with
proof of insurance coverage.
6 . This Agreement cannot be modified without the written
agreement of the parties . Cancellation of this agreement may be
effected by either party through written notice to the other party
at least 60 days prior to the date of cancellation.
7 . If any provision of this Agreement shall be declared
invalid, unenforceable, or unconstitutional by any decree of a
court of competent jurisdiction, such invalidity, unenforceability,
or unconstitutionality shall not affect any of the remaining
provisions of this Agreement.
Dated this �7 day of , 19 .
IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS
i
By: Zelit.0--JL7
:, : N7S,'a.).../w )14-4"----1
STATE OF IOWA )
ss .
BLACK HAWK COUNTY )
On this 301 day of J ANuAIz9 , 1995, before me, the
undersigned, Notary Public in and f r the State of Iowa, personally
appeared .JaHN W (V\A RD►S kNID S 1 4 ,J J u or1 ,
to me known to be the identical persons named in and who executed
the foregoing instrument and acknowledged that they executed the
same as their voluntary act and deed. Y Y yfi`���
W
`F�r
---41/4611"" r> -, -
Notary Public in nd for the
State of Iowa
CITY OF WATERLOO, IOWA
By: IPA// /
J• ' . Rooff, or
ATTEST:
Susan Fangman, C y Clerk
STATE OF IOWA-
ss.
BLACK HAWK County )
-7411
On this /ej day of ;71( , 1995, before me, the
undersigned, a Notary Public in and for the State of Iowa,
personally appeared John R. Rooff and Susan Fangman, to me
personally known, and who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of
Waterloo, Iowa; that the seal affixed to the foregoing instrument
is the corporate seal of the corporation, and that the instrument -
was signed and sealed on behalf of the corporation by authority of
its City Council as contained in the Resolution adopted by the City
Council, under Council Actio . /4,4, 7 of the City Council
on the ) 3` day of , 1995, and that John R.
Roof and Susan Fangman acknowledged a execution of the instrument
to be their voluntary act and deed and the voluntary act and deed
of the corporation, by it voluntarily executed.
C441/77/t-61- gee--ef-
Notary Pullic in and for the
State of Iowa