7.2 Pequot Lakes Fire District Contract

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CONTRACT FOR FIRE SERVICES This Contract (the "Contract") is made and entered into this 1' day of May, 2023 by and between the Pequot Lakes Fire District, Crow Wing County, Minnesota, ("Fire District"), and the City of Pequot Lakes, Crow Wing County, Minnesota, ("City"); (collectively the "Parties"). In consideration of the mutual promises and agreements hereinafter set forth the Parties do hereby agree as follows: 1. Fire Service. City agrees to purchase from Fire District, and Fire District agrees to provide City fire protection, suppression, prevention, technical rescue and non -transport emergency medical services (the "fire services"). The fire services are further explained, or limited, as follows: a. The Parties understand that the fire department officer in charge of the Fire District at the time of a call or in charge of the particular scene shall exercise judgment to determine, in consideration of all the established policies, guidelines, procedures, and practices, how best to allocate the available resources of the fire district under the circumstances of a given situation. b. In responding to fire calls within the service territory described herein, the Fire District officer in charge of the Fire District at the time shall dispatch only such personnel and equipment as in their opinion can be safely spared. In case an emergency arises within the Fire District Service Area while equipment and personnel of the Fire District are engaged in fighting a fire within the City, the Fire Chief, or other officer in charge of the Fire District may, at their discretion, recall to the Service Area such equipment and personnel as they may consider necessary to meet the emergency in their sole judgment and discretion. c. The Parties understand and agree the Fire District, will endeavor to reasonably provide fire services given the circumstances, but the Fire District makes no guarantees that the fire services it actually provides in a given situation will meet any particular criteria or standard. The Fire District and its officers, employees and volunteers shall not be liable to the City or any other person for any injury, loss or damage of any kind whatsoever resulting from the Fire District or its officers, agents, or employees of negligence or failure to furnish any fire services or assistance under this Contract or for recalling assistance. d. Road and weather conditions must be such that the fire run can be made with reasonable safety to the firefighters and equipment of the Fire District. In the event that the Fire Chief or other officer in charge of the Fire District at the time makes a decision that the fire run cannot be made with reasonable safety to firefighters and equipment, such decision shall be final. Failure to provide fire services because of poor weather conditions or other conditions, including but not limited to road conditions, beyond the control of the Fire District, shall not be