R2021-29 Resolution Authorizing an Intergovernmental Agreement for the Sharing of Certain Costs Related to the Pavement Improvement of Nelson Boulevard in Decatur, Illinois, Between the City of Decatur, Illinois and the Decatur Park District

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Intergovernmental Agreement for the Sharing of Certain Costs Related to the Pavement Improvement of Nelson Boulevard in Decatur, IL, Between the City of Decatur, Illinois and the Decatur Park District. 5. The City of Decatur will remit monthly invoices to each participant based upon the amount of work performed under the participant's jurisdiction with payment to the City of Decatur within thirty(30) days after receipt of the invoice by the Decatur Park District. 6. Liability Limits a. The Decatur Park District agrees to indemnify, defend, and hold the City of Decatur 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 the City of Decatur's obligations, responsibilities and performance under this agreement. This provision shall not require the Decatur Park District, to indemnify the City of Decatur from the City of Decatur's sole gross negligence or willful misconduct. b. During the term of this Agreement, the Decatur Park District, shall at all times procure and maintain insurance and shall name the City of Decatur its officers and employees, as an additional named insured for all insurance. The Decatur Park District shall furnish certificates and endorsements evidencing insurance and named insured prior to commencement of services under this Agreement. c. The City of Decatur shall require the contractor awarded the contract under this agreement to execute contracts indemnifying The City of Decatur and the Decatur Park District for any liability arising out of the contractor's work. The Contractor shall provide certificates of insurance evidencing third party insurance in accordance with the construction contract documents and the City of Decatur its officers and employees and the Decatur Park District its officers and employees shall be named an additional insured on any liability insurance policy pertaining to work under the contract. Contractor's insurance shall be primary. 7. This agreement shall be in full force and effect upon its approval by the City of Decatur and the Decatur Park District Board, and shall inure to the benefit of the City of Decatur, its successors and assigns, and the Decatur Park District Board, until the roadway improvements are completed and all related costs therefore are paid or the project is cancelled.