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CONTRACT FOR SERVICES This Contract is entered into this ____ of July, 2007, between the City of Missoula Police Department (herein “Missoula PD”), a Montana municipal agency whose address is 435 Ryman, Missoula, Montana 59801 and Karl Tyler Chevrolet, Inc., d/b/a Tyler Towing (herein “Contractor”), a private corporation whose address is 3663 North Reserve, Missoula, MT 59808. 1. PURPOSE: The purpose of this contract is for Tyler Towing to provide to Missoula PD towing/recovery, storage and sale services for Missoula PD requested towing and recovery services of abandoned vehicles. 2. CONTRACT TERM: The initial term of this contract shall be July ____, 2007 through June 30, 2008. Hereinafter, the term of the contract shall be July 1 through June 30. This Contract shall automatically renew for additional one (1) year terms, unless either party provides the other party with a written notice of cancellation at least ninety (90) calendar days prior to the termination date of the Contract. 3. CONTACT INFORMATION Missoula PD Tyler Towing 435 Ryman 3663 N Reserve Missoula, MT 59801 Missoula, MT 59808 Phone: 406-523-4777 Phone: 406-542-7431 Representative: Dick Lewis, Patrol Captain Representatives: Derek Andrew Phone: 406-523-6317 Phone: 406-880-2438 or Rich Sublette Phone: 406-721-2438 4. SCOPE OF SERVICES: Tyler Towing (“Contractor”) shall provide towing/recovery, storage and sale services to Missoula PD of abandoned vehicles. Contractor shall be paid for this service pursuant to rates set forth in Section 6 of this Contract. 5. SERVICE REQUIREMENTS 5.1 Times of Service: Contractor shall be available to perform towing/recovery services upon receiving a notification and/or request from the Missoula PD Abandoned Vehicle Clerk or other authorized representative of the Missoula PD. 5.2 Towing Instructions: 5.1.1 Request for Services. Contractor shall receive a written request for services from the Missoula PD Abandoned Vehicle Clerk or other authorized representative of the Missoula PD. This written notice may be sent via Contract for Services: Missoula PD and Tyler Towing Page 1 facsimile, e-mail or other manner agreed upon between Missoula PD and Contractor. This written notice should provide the date and time of the request for services, identifying information regarding the vehicle to be towed, and a designated call site where the vehicle to be towed is located. 5.1.2 Authority to Provide Services. Contractor shall tow only those vehicles for which it has received a request from the Missoula PD Abandoned Vehicle Clerk or other authorized representative of the Missoula PD. Contractor shall tow vehicles to Contractor’s storage facility upon receipt of a request from the Missoula PD Abandoned Vehicle Clerk or other authorized representative of the Missoula PD. 5.2 Facility Requirements: Contractor shall provide and maintain a secure, fenced storage facility which has a capacity to store 50 vehicles as well as facilitate a police sale of a minimum of 50 vehicles and a maximum of 75 vehicles. 5.3 Response Time: Contractor shall provide services under this Contract within 72 hours of issuance of a request by the Missoula PD Abandoned Vehicle Clerk. If Contractor provides services after the initial 72 hour period has expired and the vehicle is gone on arrival, NO fee will be assessed and Contractor will not bill or charge Missoula PD for the service. 6.0 SERVICE RATES 6.1 Towing Service: An abandoned and/or illegally parked vehicle for which a towing service request has been made by the Missoula PD Abandoned Vehicle Clerk or other authorized representative of the Missoula PD shall be considered “Towed” when the Contractor’s towing vehicle has physically arrived at the designated call site. 6.2 Rates. Local area towing $43.00 Local flatbed towing $43.00 Winch rate $43.00 pro-rate ½ hr minimum Gone-on-Arrival (GOA) within 72-hour response $25.00 Gone-on-Arrival (GOA) after 72-hour response *NO FEE* will be assessed to the City of Missoula 6.3 Towing Service of Semi-Tractor or Other Large Unit. Contractor does not have the capacity to tow a Semi-Tractor or other large unit vehicle. Contractor will sub- contractor with an entity experienced with the towing/recovery of Semi-Tractor or other Large Unit vehicles if this towing service is required by the Missoula PD. Contract for Services: Missoula PD and Tyler Towing Page 2 In the event this service is required, the cost charged to Missoula PD will be the actual cost billed to Contractor by the subcontracting entity. 6.4 Storage Service: Rate per month $425.00 (Minimum of 50 vehicles to maximum of 75 vehicles) Contractor shall provide a secure, fenced storage facility required which can hold a minimum of 50 vehicles and facilitate police sale of 50-75 vehicles. 6.5 Cancellation Charges: There shall be no fee charged to Missoula PD by Contractor for cancellation of towing service request up to the point of Contractor’s arrival at the designated call site. If a towing service request has been cancelled due to the vehicle being gone from the designated call site and Contractor arrives at the designated call site, fees shall be charged pursuant Section 6.1 of this Contract. If a towing service request has been cancelled for any other reason, and Contractor arrives at the designed call site and Contractor is within the initial 72-hour response time, Contractor’s fee shall be $25.00. 6.6 Additional Charges: Contractor shall not charge additional charges or costs of any kind associated with the towing/recovery, storage, processing or sale of a vehicle beyond the fees listed in Section 6 of this agreement. 7. PERSONNEL 7.1 Drivers: Contractor shall have in its employ, or under its control, sufficient licensed, qualified and competent personnel to perform towing services at the levels specified herein. 7.2 Performance: Contractor shall employ only such workers as are skilled in the tasks to which they are assigned. The Missoula PD reserves the right to require the Contractor to reassign any employee the Missoula PD deems incompetent, careless, insubordinate, or otherwise objectionable to work with under the contract. Contractor’s employees must follow Missoula PD Policies and Procedures and guidelines while performing work under the terms of this Contract. 8.0 BUSINESS OPERATING PERMITS AND LICENSES 8.1 State of Montana Laws. Contractor must adhere to and follow all laws, rules and regulations of the State of Montana in regard to the operation of their towing business, operation of motor vehicles and employment of personnel. Contract for Services: Missoula PD and Tyler Towing Page 3 8.2 City of Missoula Ordinances. Contractor must also adhere to all City of Missoula ordinances, including but not limited to those concerning the operation of motor vehicles and business licensing requirements, as set forth in Missoula’s Municipal Code. 8.3 Permits. Contractor is required to have and hold permits as required by the State of Montana and, if required, the City of Missoula for the removal of vehicles as required for law enforcement purposes. 8.4 Providing Copies of Permits. Contractor MUST provide to Missoula PD within seven (7) days of a written request, copies of current permits issued by the Montana Department of Transportation to operate towing vehicles. Contractor must also submit a copy of any current permits for towing or storage of vehicles, if required, issued by the City of Missoula. 9. VEHICLE DAMAGE. Contractor is responsible and liable for the vehicle, and any and all contents of the vehicle, upon arriving at the designated call site to provide services pursuant to the terms of this Contract. Resolution of any dispute involving towed vehicles is a matter entirely between the Contractor and the vehicle owner(s). Contractor agrees to indemnify and hold the City of Missoula, the City of Missoula Police Department, it agents, officials, and employees harmless for any damage to vehicles or loss and/or damage to personal property within a vehicle caused by the towing/recovery, storage or any other services or action of Contractor. 10. CONTENTS OF VEHICLES: Contractor is responsible and liable for any and all contents of the vehicle upon arriving at the designated call site to provide services pursuant to the terms of this Contract. Contractor is responsible for inventory, storage and lawful return of vehicle contents upon taking possession of the vehicle. Contractor shall develop a procedure for the inventory, storage and return of vehicle contents. Contractor agrees to indemnify and hold the City of Missoula, the City of Missoula Police Department, its agents, officials, and employees harmless for any missing items or damage to the vehicle’s contents. 11. WORKERS’ COMPENSATION AND LIABILITY INSURANCE COVERAGE. 11.1 Workers’ Compensation Coverage: Contractor shall be responsible, at its own expense, to purchase any required workers’ compensation insurance for the Contractor or any employee of the Contractor. The City of Missoula is not the workers’ compensation insurer of Contractor’s employees. The Contractor must have current workers’ compensation insurance in place for its employees, which insurance shall cover injury and/or death to Contractor’s employees while Contract for Services: Missoula PD and Tyler Towing Page 4 performing work pursuant to this Contract. The City of Missoula shall not have any liability with respect to Contractor’s or Contractors’ employees’ actions or conduct while performing services pursuant to this Contract. Contractor shall indemnify and hold the City of Missoula, City of Missoula Police Department, its agents, officials and employees harmless for any such damage. 11.2 Liability Insurance Coverage: Contractor shall maintain during the time period of this Contract, commercial general liability insurance for bodily injury and property damage in the minimum amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate. Said insurance must include coverage for liability for accidents or damage to vehicles, persons or property that may occur during the performance of services pursuant to this Contract. Contractor shall name the City of Missoula, the City of Missoula Police Department and its officials and employees as additionally named insureds on Contractor’s insurance policy(s). 12. AFFIRMATIVE ACTION. Contractor, its subcontractors, sub-grantees, and other entities doing business with the City of Missoula must be in compliance with the City of Missoula’s Affirmative Action Plan and Title 49, M.C.A., or forfeit the right to continue such business dealings. A copy of the City of Missoula Affirmative Action Plan shall be attached hereto and made part of the agreement. 13. INDEMNIFICATION. Contractor shall indemnify and hold the City of Missoula, the City of Missoula Police Department and its officers and employees harmless from, and shall process and defend at Contractor’s own expense, all claims, demands, or suits at law or equity arising in whole or in part from the Contractor’s negligence or breach of any of its obligations while performing services pursuant to this Contract. 14. JURISDICTION. 14.1 Choice of Law: In the event of litigation concerning this Contract, venue shall be in the 4th Judicial District in and for the County of Missoula, Montana. This agreement shall be governed by the laws of the State of Montana. 15. NO ASSIGNMENT. It is expressly agreed that Contractor shall not assign this Contract or delegate any of its duties hereunder, in whole or in part, unless specifically allowed under the terms of this Contract. 16. NOTICE. Any notice, demand, or request required or permitted to be given hereunder shall be in writing and shall be deemed effective twenty-four (24) hours after having been deposited in the United States mail, postage prepaid, registered or certified, and addressed to the addressee at his or her principal office. All notices required to be given shall be sent to the addresses set forth in Section 3 of this Contract. Contract for Services: Missoula PD and Tyler Towing Page 5 17. ENTIRE AGREEMENT. This Contract constitutes the entire agreement between Missoula PD and Contractor concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, conversations and representations between the parties. This Contract may be amended only by an instrument in writing which expressly refers to this Contracts, and specifically states that it is intended to amend it. No party is relying upon any warranties, representations or inducements not set forth herein. 18. SEVERABILITY. Should any part of this Contract be deemed invalid or unenforceable under applicable law, that provision shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of said provision or the remaining provisions of this Contract. 19. WAIVER. No waiver of compliance with any provision or condition of this Contract shall constitute a waiver of any other provision or condition previously waived as to new circumstance or events. IN WITNESS WHEREOF, each of the parties hereto has signed this Agreement on the day of July, 2007. City of Missoula Police Department Karl Tyler Chevrolet, Inc. d/b/a Tyler Towing By: By: __________________________________________ Title: Title: ________________________________________ By: _____________________________________ John Engen Title: Mayor, City of Missoula Contract for Services: Missoula PD and Tyler Towing Page 6
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