Summer Food Service Program_IFB - Chicago Park District

one accident.
The contractor shall furnish the Sponsor with such evidence of insurance, including insurance covering contractor’s contractual
liability hereunder, as the Sponsor may reasonably require.
E. Contractor shall indemnify Sponsor and the State against any loss or damage (including attorney’s fees and other costs of
litigation) caused by the contractor’s negligent acts or commission of contractor’s agents or employees.
Contractor expressly agrees to defend any suit against the Sponsor alleging personal injury, sickness, or disease arising out of
consumption or use of the merchandise sold, as well as any loss resulting from pilferage by contractor’s employees.
The Sponsor shall promptly notify the contractor and the State Agency in writing of any claims against either contractor or
Sponsor and, in the event of a suit being filed, shall promptly forward to the contractor and the State Agency all papers in
connection therewith. The Sponsor shall not incur any expense or make any settlement without contractor’s consent; providing
however, that if contractor refuses or neglects to defend any such suit, Sponsor may defend, adjust, or settle any such claim,
and the costs of such defense, including reasonable attorney’s fees, may be charged to the contractor’s account.
12. Indemnification
Contractor agrees to and does hereby assume all responsibility for and agrees to indemnify, save and hold harmless, and at the Park
District’s option, defend the Park District, its Commissioners, officers, employees, volunteers, and agents (collectively, the “Indemnitees”)
against any losses, claims, damages, liabilities, actions, suits, proceedings, costs or expenses that the Indemnitees may suffer, incur or
sustain or for which it or they may become liable (including, but not limited to, mechanic’s liens, personal or bodily injury to or death of
persons or loss or damage to property) resulting from, arising out of, or relating to any negligence or intentional misconduct in the
performance of the contractor under this Agreement. The obligation to indemnify the Park District shall survive the termination or
expiration of this Agreement.
13. Prevailing Wage
Each bidder, contractor, and subcontractor shall comply with all applicable prevailing wage requirements.
The contractor shall comply with 820ILCS 130/0.01 et seq., as it may be amended (the “Act”), so long as the Act is in effect, in order to
ensure that such persons covered by the Act are paid the prevailing wage rates as ascertained by the Illinois Department of Labor. All
such contracts shall list the specified rates to be paid to all those employed in the contract. If the Illinois Department of Labor revises
such prevailing wage rates, the revised rates shall apply to all such contracts.
As a condition of making payment to the contractor, the CPD may request that the contractor submit an affidavit or other evidence to the
effect that not less than the prevailing hourly wage rate is being paid to those employed on contracts, in accordance with Illinois law.
14. Non-Liability of Public Officials
Contractor and any assignee or sub-contractor of contractor must not charge any official, employee or agent of the Park District
personally with any liability or expenses of defense or hold any official, employee or agent of the Park District personally liable to them
under any term or provision of the Agreement or because of the Park District’s execution, attempted execution or any breach of the
Agreement.
15. Minority-and Women-Owned Business Enterprise Participation
The contractor shall comply with the Compliance Conditions of this contract, which governs minority- and women-owned business
enterprise programs (“MBE” and/or “WBE”), and requires the contractor compliance with the CPD’s goal of awarding not less than 25%
of the aggregate dollar value of all contracts to qualified MBEs and 5% to qualified WBEs. Chapter XI, Section F of the Code of the
Chicago Park District establishes the Minority- and Women-Owned Business Enterprise program. A copy of this ordinance is available
from the CPD, Department of Purchasing, 541 North Fairbanks Court, 3rd Floor, Chicago, Illinois 60611; (312) 742-5380.
During the term of the contract and any extension thereof, the contractor shall complete and submit quarterly MBE/WBE Utilization
Reports.
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