R99-48 AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING

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. � . Memorandum of Understandin� 4/6/99 This memorandum of understanding is in response to the City of Decatur and the Decatur Fire Department approaching Business and Industry for private contributions in an effort to create a Technical Rescue/Response Team which includes Hazardous Material Response,Confined Space Rescue and Trench Rescue programs. Business and Industry strongly supports and applauds the efforts of the City of Decatur and the Decatur Fire Department to provide these much needed services to the Community. It is the intention of Business and Industry to assist in the fund raising endeavors required for the initial development of a Technical Safety Rescue/Response Team. The financial contributions and in-kind donations are to be used for equipment (estimated value at $120,000) and the hiring of three (3) additional Firefighters at $150,000 annually for three years. In addition to the financial support, Business and Industry will provide personnel to serve on the Safety Rescue/Response Task Force whose purpose is to raise the needed funds. Also, personnel will be provided to serve on a more permanent advisory committee whose purpose is to act as a liaison between Business & Industry and the Fire Deparirnent regarding these services. Business and Industry are willing to provide the financial assistance conditioned upon the following items: 1. The Decatur Fire Department provides written confirmation that they can be designated as the primary provider for hazardous response, confined space and trench rescue services for each of the Businesses and Industries contributing to the fund raising effort, contingent upon receipt by the City of the financial contributions and in-kind donations refened to above, and the Decatur Fire Deparhnent agrees to observe the regulatory requirements for such rescue providers. 2. The City of Decatur Staff and the Decatur Fire Department provide written recommendations to the current Decatur City Council for continuation of the funding for the personnel costs associated with the rescue/response program through the Decatur Fire Department Budget after its initial 3-year startup phase has been completed. The City of Decatur is willing to provide the Rescue/Response services conditioned upon the following items: A. The City hereby expressly reserves all protections, immunities and defenses provided and conferred on ' it by law with regard to any and all liabilities for the provision of fire protection and rescue services to the signatories hereto, or to any of them, including but not limited to those contained in the Local Government and Government Employees Tort Immunity Act (745 ILCS 10/1-101 et seq.) and elsewhere in the statutes and case law of the State of Illinois, and nothing contained in this Agreement shall be construed as waiving any such protections, immunities or defenses. Further, nothing contained herein shall be construed as creating any special duty on the part of the City to provide fire protection or other rescue services to said signatories, or to any of them, of greater or different quality or quantity than those services provided to the public generally. B. The signatories hereto, and each of them, with operations located outside the corporate limits of the City, with regard to those locations, expressly agree that the City may claim any protection, immunity and Page 1 of 2