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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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