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Home My WebLink About74-0819 St. Charles • ` • _ " + AGREEMENT MEMORANDUM OF AGREEMENT made' and entered into on the 19th day of August A. D. 1974 by and between the City of St. Charles of St. Charles , Illinois , a municipal corporation , hereinafter referred to as the First Party , and the City of Elgin of Elgin , Illinois , a municipal corporation , hereinafter referred to as the Second Party , WITNESSETH : WHEREAS , the parties hereto operate individual fire departments in and for their respective municipalities , and WHEREAS , in case of an emergency arising within the territories of the respective parties hereto it is desirable and often necessary to require additional equipment and personnel beyond that which each individual municipality is able to furnish from its own resources in combatting such emergency , and WHEREAS , the parties hereto recognize that such an emergency is likely to arise and desire to provide a system of mutual aid and assistance in meeting such a situation , NOW, THEREFORE , for and in consideration of the mutual covenants " and agreements herein contained , the parties hereto mutually agree that either party hereto will furnish to the other party fire equip- ment and personnel at the site of the fire or disaster of the other party under the following terms and conditions ; to wit: 1 . The party of the first part shall in case of emergency or disaster in its territory , request such aid and assistance by call to the Fire Chief or officer in charge of the department of Second Party. Such call for aid shall be by such officer in charge of the fire department of the first party. 2. The second party in case of emergency in its territory shall 6.1 request such aid and assistance from the First Party by call through the same system or manner as is provided hereinabove in the immedi- ately preceding paragraph . 3. Either party hereto in its discretion shall have an absolute right to refuse to furnish any equipment or personnel (or portion thereof) to the other party consistent with the primary' responsibility of providing fire protection within its own territory. Such discre- tion shall be exercised by the Fire Chief, or in his absence by any officer or personnel in charge of the fire department. 1 4. Equipment and personnel at the site of the fi re or disaster shall be under the sole control and direction of the proper represen- tative of the party hereto furnishing such equipment and personnel and such proper ti.epresentative shall have the absolute discretionary right to remove such equipment and personn - 1 from the site aforesaid at any such time as he decides to do so. 5. Neither party nor its agents , servants or representati ves shall be held liable for any loss or damag- by reason of its (or its representati ves ) failure to effectively co bat any disaster or fi re in the terri tory of the other party , or by reason of its (or its representatives ) negligence in combatting any disaster or fire in the territory of the other party , and each party agrees to indemnify and to save harmless the party furnishing fire equipment or personnel (its agents , servants , employees or repres - ntatives ) from any and all liability , costs , claims or actions brought about by such party and representatives combatting any disaster or fire in the other party' s territory. 6. The agents , servants or representati ves of ei ther party hereto (while furnishing aid to the other • arty as provided in this agreement) shall be deemed to be employees , servants , agents or representati ves of their own muni ci pal i ty and shat 1 be consi de red as acting in the course of their employment o ._their own respective municipality. • 7. With the exception of numbered pa agraph 5 above , each party hereto hereby wai ves to the other party any and all claims against the other party for compensation for any loss , damage , personal injury or death that shall arise 'n consequence of the performance of this agreement , and each pa ty agrees to indemnify • and save harmless the other party from any and all actions , claims , costs or demands brought by or on behalf o the one party against the other party in consequence of the performance of this agreement , by each of the parties hereto. 8. The word "terri tory" of a party , ereto when used in this agreement shall include the area within th - party' s municipality and also the area outside the corporate 1 its that such party obli gated to serve with fi re protection. . • R° cab` • \$ • tip , • - 3 - This Agreement may be terminated by either party giving written noti ce to the other party of its termination upon a date not less than thirty ( 30 ) days from the date of the giving of such written noti ce. In Witness Whereof the respective parties hereto have executed this Agreement Pursuant to Authority granted by its respective corporate authori ty. CITY OF ST. CHARLES Municipality By : �G'; i t p Attest I 41 AP / (Clerk • Corporation of ELGIN , Illinois By : h6////) ,,\) tj\t„ (hcr-vi,A)ki\--) Attest: