R2024-69 Resolution Authorizing an Intergovernmental Agreement between the City of Decatur and the Macon County Conservation District for Assistance with Controlled Burning

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. f negligence or willful and wanton misconduct of the City or any of its agents, contractors, officials, employees, or volunteers; (ii) any breach or default on the part of the City in the performance of any of its obligations under or in respect of this Agreement; or (iii) any violation of Applicable Law, The City agrees to indemnify and save the District harmless from and against all costs and expenses incurred in or in connection with any such claim arising as aforesaid or in connection with any action or proceeding brought thereon. In case any such claim shall be made or action brought based upon any such claim in respect of which indemnity may be sought against the City, upon receipt of � notice in writing from the District setting forth the particulars of such claim or action, the City shall assume the defense thereof including the employment of counsel and the payment of all costs and expenses. Notwithstanding the foregoing, the City of Decatur retains any and all I defenses and innmunities provided by the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. In addition, neither party intends this paragraph to waive its rights i to limited liability under the Illinois Worker's Compensation Act or Kotecki line of cases (146 Ill 2d 155, 585 NE 2d 1023 (1991)). Provided, further, not withstanding the foregoing, the City shall not be liable to indemnify and hold the District harmless from any portion of any such loss, liability, cost or expense which results from the negligence or willful misconduct of the District, its officials, agents, or employees. i 4. During the term of this Agreement,the City of Decatur, shall at all times maintain the appropriate insurance and shall name the Macon County Conservation District, its trustees, officers,directors and employees, as an additional named insured for all appropriate insurance. The City of Decatur shall furnish certificates and j endorsements evidencing insurance and named insured prior to commencement of services under this Agreement. 5. This agreement shall be in firll force and effect upon its approval by the City of j Decatur and the Macon County Conservation District Board, and shall continue in fiill force and effect until either party provides written notification to terminate the agreement. PRESENTED and ADOPTED this 21 st day of February,2024. I ATTEST: By: I ti L e_L- a G� Name,Title Name,Title € Board of Trustees Board of Trustees Macon County Conservation District Macon County Conservation District j