3.4. SR 12-20-2010 - Laserfiche WebLink

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CONTRACT FOR FIREFIGHTING SERVICES This Contract for Firefighting Services ("Agreement") is made and entered into effective January 1, 2011 by and between the CITY OF ELK RIVER, a Minnesota municipal corporation ("CITY OF ELK RIVER") and the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY OF OTSEGO"). IT IS HEREBY AGREED BY AND BETWEEN SAID PARTIES AS FOLLOWS: ARTICLE 1: FIRE SERVICE The CITY OF ELK RIVER agrees to furnish through the Elk River Fire Department ("FIRE DEPARTMENT") firefighting services ("Services"), as outlined in EXHIBIT A attached hereto to all properties in the CITY OF OTSEGO located within the area set forth in EXHIBIT B attached hereto ("Fire District"). ARTICLE 2: RESPONSE AND RESOURCES The FIRE DEPARTMENT will make reasonable efforts to promptly respond to requests for service ("fire call(s)") in the Fire District upon notification of such requests through the FIRE DEPARTMENT'S primary public safety answering point ("PSAP"), subject to the following terms and conditions: A. The Fire Chief of the FIRE DEPARTMENT ("Fire Chief'), and/or his/her designee, shall be in command of the FIRE DEPARTMENT, including its personnel, equipment and resources, at all times, as outlined in the FIRE DEPARTMENT's policy manual and/or the CITY OF ELK RIVER Code of ordinances. Furthermore, the CITY OF ELK RIVER owns the buildings and equipment associated with the FIRE DEPARTMENT, and the amounts paid by the CITY OF OTSEGO for firefighting Services do not give rise to any ownership interest in, or responsibility toward, those items. B. The safety of FIRE DEPARTMENT personnel and equipment are of the utmost importance when responding to and operating at an incident. The Fire Chief and/or his/her designee shall have the authority to modify and/or cancel a response if road, weather and/or other hazardous condition(s) pose a safety threat to the FIRE DEPARTMENT'S personnel and/or equipment. C. The CITY OF ELK RIVER and/or the FIRE DEPARTMENT shall not be liable to the CITY OF OTSEGO or to any property within the Fire District for loss or damage of any kind whatever resulting from any failure to furnish or any delay in furnishing personnel or equipment, or from any failure to prevent, control or extinguish any fire or control or mitigate a situation, whether or not such loss or damage is caused by the negligence of the officers, agents or employees of the CITY OF ELK RIVER or the FIRE DEPARTMENT. The CITY OF OTSEGO shall indemnify and hold harmless the CITY OF ELK RIVER and/or the FIRE