74-0819 St. Charles •
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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
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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.
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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.
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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';
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Attest
I 41 AP /
(Clerk
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Corporation of
ELGIN , Illinois
By : h6////)
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tj\t„ (hcr-vi,A)ki\--)
Attest: