R2021-18 Resolution Authorizing an Intergovernmental Agreement Between the City of Decatur and Decatur Public School District #61 for Johns Hill Neighborhood Sidewalk Improvements

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6. Within forty-five days following submission of the accounting by City to the District,the District shall reimburse the City in the amount of fifty (50)percent of the total costs of Project or Seventy Thousand Dollars($70,000)of the total costs of the Project,whichever amount is less. 7. Following submission of the accounting by the City to the District, each parry agrees to be responsible for upkeep and maintenance of their property as required by law. 8. Liability Limits a. The District agrees to indemnify, defend, and hold City, its officers, agents, and employees harmless from and against any and all claims, suits, causes of action, liabilities, damages,judgments or expenses including, but not limited to, reasonable attorney's fees and litigation costs, for personal injuries (including, but not limited to, death) or property damage arising out of City's obligations, responsibilities and performance under this agreement for work performed on District property on the Project. This provision shall not require the District to indemnify the City from the City's sole gross negligence or willful misconduct. b. During the term of this Agreement, District shall at all times procure and maintain insurance and shall name City, its officers and employees, as an additional named insured for all insurance. 9. This agreement shall be in full force and effect upon its approval by the City and the District and shall inure to the benefit of the City and District,their successors and assigns, until the construction and/or improvements of the Project are completed and all related costs therefore are paid or the project is cancelled. 10. If any provision or subpart of this Agreement is held to be invalid by any tribunal of competent jurisdiction, such part shall be deemed automatically adjusted, if possible. If not,the provision shall be deemed severed from the Agreement, and all other provisions and subparts shall remain in full force and effect. 11. This Agreement constitutes the entire agreement between the parties relating to the formation of an Intergovernmental Agreement between the City and the District.Any representations,promises or statements not set forth in this Agreement are of no force and effect and have not been relied upon. 12. This Agreement may only be amended by a written instrument signed by each party hereto.