4.8 SR 12-20-2021 - Laserfiche WebLink

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CONTRACT FOR FIREFIGHTING AND ANCILLARY SERVICES This Contract for Firefighting and Ancillary Services ("AGREEMENT") is made and entered into effective January 1, 2022, by and between the City of Elk River, a Minnesota municipal corporation ("ELK RIVER") and the City of Otsego, a Minnesota municipal corporation ("OTSEGO"). IT IS HEREBY AGREED BY AND BETWEEN SAID PARTIES AS FOLLOWS: ARTICLE I FIREFIGHTING SERVICES ELK RIVER agrees to furnish, through the Elk River Fire Department ("ERFD"), firefighting services ("SERVICES"), as outlined in EXHIBIT A attached hereto, to all properties in OTSEGO located within the Fire Service Area set forth in EXHIBIT B attached hereto ("FSA"). A. Response and Resources ERFD will make reasonable efforts to promptly respond to requests for service ("CALL(s)") in the FSA upon notification of such request through the ERFD's primary Public Safety Answering Point ("PSAP"), subject to the following terms and conditions: The ERFD Fire Chief and/or his/her designee ("CHIEF"), shall be in command of ERFD, including its personnel, equipment, and resources, at all times, as outlined in the ERFD's policy manual and/or the ELK RIVER Code of Ordinances. Furthermore, ELK RIVER owns the buildings and equipment associated with ERFD, and the amounts paid by the OTSEGO for firefighting services do not give rise to any ownership interest in, or responsibility toward, those items. 2. The safety of ERFD personnel and equipment are of the utmost importance when responding to and operating at an incident. The CHIEF 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 ERFD's personnel and/or equipment. 3. ELK RIVER and/or ERFD shall not be liable to OTSEGO, for loss or damage of any kind whatever resulting from any failure to furnish or 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 ELK RIVER or the ERFD, except when such loss or damage is caused by gross negligence or criminal acts by ELK RIVER and/or ERFD. OTSEGO shall indemnify and hold harmless ELK RIVER and/or the ERFD from any claims of loss or damage arising from ELK RIVER's undertaking to furnish SERVICES under this AGREEMENT, except for loss or damage caused by the gross negligence or criminal acts of ELK RIVER or ERFD. 4. In the event that ERFD is committed and unavailable at the time of a CALL in OTSEGO, ERFD will respond as soon as reasonably possible in the sole discretion of the CHIEF. The CHIEF has the sole authority to prioritize CALLs, to allocate equipment and resources, and to request mutual aid assistance at his/her discretion and professional judgment. Page I