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03.07 - Fire Contract Form Update
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12-02-2014 Council Meeting
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03.07 - Fire Contract Form Update
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CONTRACT FOR FIRE SERVICES <br /> This Contract(the"Contract") is made and entered into this day of <br /> , 20 by and between the City of Pequot Lakes, Crow Wing County, <br /> Minnesota, ("Pequot Lakes"), and the City of Breezy Point, Crow Wing County, Minnesota, <br /> ("Breezy Point"); (collectively the "Parties"). <br /> In consideration of the mutual promises and agreements hereinafter set forth the Parties <br /> do hereby agree as follows: <br /> 1. Fire Service. Breezy Point agrees to purchase from Pequot Lakes, and Pequot Lakes <br /> agrees to provide Breezy Point fire protection, suppression, prevention, technical rescue <br /> and non-transport emergency medical services (the "fire services"). <br /> The fire services are further explained, or limited, as follows: <br /> a. The Parties understand that the fire department officer in charge of the Fire <br /> Department at the time of a call or in charge of the particular scene shall exercise <br /> judgment to determine, in consideration of all the established policies, guidelines, <br /> procedures, and practices, how best to allocate the available resources of the fire <br /> department under the circumstances of a given situation. <br /> b. In responding to fire calls within the service territory described herein,the Fire <br /> Department officer in charge of the Fire Department at the time shall dispatch <br /> only such personnel and equipment as in their opinion can be safely spared. In <br /> case an emergency arises within the Fire Department Service Area while <br /> equipment and personnel of the Fire Department are engaged in fighting a fire <br /> within Breezy Point,the Fire Chief, or other officer in charge of the Fire <br /> Department may, at their discretion, recall to the Service Area such equipment <br /> and personnel as they may consider necessary to meet the emergency in their sole <br /> judgment and discretion. <br /> c. The Parties understand and agree Pequot Lakes, through its Fire Department, will <br /> endeavor to reasonably provide fire services given the circumstances, but Pequot <br /> Lakes makes no guarantees that the fire services it actually provides in a given <br /> situation will meet any particular criteria or standard. Pequot Lakes and its <br /> officers, employees and volunteers shall not be liable to Breezy Point or any other <br /> person for any injury, loss or damage of any kind whatsoever resulting from <br /> Pequot Lakes, its Fire Department or its officers, agents, or employees negligence <br /> or failure to furnish any fire services or assistance under this Contract or for <br /> recalling assistance. <br /> d. Road and weather conditions must be such that the fire run can be made with <br /> reasonable safety to the firefighters and equipment of the Fire Department. In the <br /> event that the Fire Chief or other officer in charge of the Fire Department at the <br /> time makes a decision that the fire run cannot be made with reasonable safety to <br />
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