FIR202 Assignment #3

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Eastern Gateway Community College *

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FIR202

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Business

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Feb 20, 2024

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docx

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5

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1 Contracts in the Fire and Emergency Services Bobby Roseberry Fire Science Department, Eastern Gateway Community College FIR 202 Legal Aspects of Emergency Services Professor DeCarlo January 28, 2024
2 Contracts in the Fire and Emergency Services There are several different types of contracts that are used everyday in the general public. The fire and emergency service has contracts that are specific to each department and what is included in each contract. Many contracts are a legal binding between parties and if broken by one or either parties they can be sued. The purpose of this paper is to look at what a contract is, what the purpose of a contract is in the fire and emergency service, the elements and formation of a contract, what the function of a contract is in the fire and emergency service, the relationship of a contract and mutual aid agreement between fire and emergency services, what the common elements are of a mutual aid agreement, and what MABAS is. Literature Review `A contract can be defined as a promise or set of promises between parties that is enforceable by law (West, 2022). Contracts can be written or be done orally, also known as expressed, or be implied, which would be by the actions of either party (West, 2022). For a contract to form there are three elements of a contract that must be included and met by the parties involved. The first element would be an offer to contract. An offer would need to be pitched by one party to the other in a way to make the party believe there will be a commitment into contract with each other. The second element that would need to be done is acceptance of the offer. In this stage the party receiving the offer may accept, deny the offer, or give a counter offer off of the original offer. This stage is where you could say the negotiations take place. The last stage would be the consideration. The consideration is the stuff that holds the obligations of the parties between them. This can be a promise to carry out a task or provide something that the party isn't obligated to do, or to refrain from doing something the party previously had every right to do (West, 2022). Once these three elements have been met to the satisfaction of both parties then they can enter into the contract which can be enforced by law. Contract are created and entered into by parties to help supply them with goods, services and sometimes man power
3 that the party can not provide on their own. Contracts in the fire service can serve many functions from getting equipment and supplies, to being a contract between a union and a city. When looking at the roles of a contract, the first one would be that of a contract between the fire department and an equipment supplier. These contracts will be carried out to supply the department with the required agreement and meet the terms of each contract and not deter from them without approval by both sides. Union contracts will be a contract that will be agreed upon by the union, the firefighters/emts they represent and the employer, that can include their wages, medical insurance and retirement. The last type of contract would be a mutual aid agreement that can be between two departments or multiple departments. These agreements are contracts agreed upon by departments to respond into the neighboring departments coverage area to either cover a run or to help provide more resources for an incident. Mutual aid agreements are essentially a contract made between departments that can either be written contracts or verbal contracts. MABAS (Mutual Aid Box Alarm System) is a state-wide mutual aid response system. This system doesn’t only deal with fire and ems but also is used with special incident operations teams. MABAS is in a partnership with Cook County’s Department of Homeland Emergency Management, Regional Security, and IEMA (Illinois Emergency Management Agency). MABAS originated in northern Illinois, but since September 11th it has rapidly grown throughout Illinois, Wisconsin, Indiana, Michigan, and parts of Iowa and Missouri (MADAS, n.d.). Conclusion Everyday we all enter into a contract without even thinking about it. When buying gas there is a contract between us and the gas station by means of them providing the service and us promising to pay for the fuel we receive. Just as in the fire and emergency service deals with contracts everyday, whether it be between the department and a supplier for equipment or
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