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JUNK VEHICLE REMOVAL CONTRACT BETWEEN THE BUTTE-SILVER BOW WRECKER ASSOCIATION AND THE CITY & COUNTY OF BUTTE-SILVER BOW, STATE OF MONTANA THIS CONTRACT, made and entered into this 1st day of July, 2015, by and between the Butte-Silver Bow Wrecker Association, an unincorporated association, whose address for the purposes of this agreement is 520 Holmes Avenue, Butte, Montana 59701 (hereinafter called the Association) and the City and County of Butte-Silver Bow, a political subdivision and municipal corporation of the State of Montana, acting through this Health Department, whose address is 25 West Front Street, Butte, Montana 59701 (hereinafter referred to as the City-County). The following provisions constitute the entire agreement entered into between the Association and the City-County for the removal of junk vehicles located within the confines of Butte-Silver Bow County, State of Montana. SECTION 1: TERM OF CONTRACT AND ADMINISTRATION: This Contract shall be in force and effect, beginning from the date of its execution and shall remain in force and effect, beginning from the date of its execution and shall remain in force and effect until terminated by either party. This Contract can be terminated by the City- County if and when the Association is notified in writing of noncompliance with any part of this Contract and the Association does not, within five working days, correct said noncompliance. Either the City-County or the Association may terminate this Contract without cause, by giving the other party at least thirty (30) days written notice to the intent to terminate. Notice shall be sent by certified mail, return receipt, at the respective addresses listed above. This Contract shall be administered by the City-County and the Association shall rely and act on all directions received from the City-County in performance under the terms of this Contract. SECTION 2: DUTIES: Each of the parties to the Contract shall assume the following responsibilities: Association’s Responsibilities: The Association will provide all equipment, labor and materials necessary to tow or otherwise remove junk vehicles to a location specified by the City- County. The Association will not remove a junk vehicle under the terms of this Contract unless requested to do so by the City-County. - 1 - ---PAGE BREAK--- The Association will keep a record of all junk vehicles towed or otherwise removed to the City-County Junk Vehicle Graveyard at the request of the City- County. The record to be kept by the Association shall include the following: Name of Association Driver used. (ii) Time and date of request to remove junk vehicle. (iii) Time and date the junk vehicle was removed. (iv) Location of the junk vehicle when picked up. Time and date the junk vehicle was delivered to the Junk Vehicle Graveyard. (vi) A description of the junk vehicle including all available identifying numbers. The Association will obtain general liability insurance which names the City-County as an additional insured in the amount of $100,000.00 per person and $300,000.00 per accident and which extends coverage to all aspects of the Association’s responsibilities under this Contract. This insurance policy shall provide for ten (10) days written notice to the City and County in the event of cancellation. City-County’s Responsibilities: The City-County agrees to pay the Association $100.00 for each individual junk vehicle removed at the request of the City-County. Junk vehicles involving extraordinary distance or circumstances will be negotiated individually. The City-County will pay the Association on a basis upon the submittal of a completed City-County claim form and copy of the Association’s Record of Junk Vehicle Removal (as described herein) attached to the claim form. The City-County will make payment on the claim within twenty- one (21) days of the receipt of the Association’s claim together with the required supporting documentation. SECTION 3: LIMITATIONS AND MANNER OF PERFORMANCE: This Contract is limited to the removal of junk vehicles, as defined in Section 75-10-501(3) MCA, as follows: “Junk Vehicle” means a discarded, ruined, wrecked, or dismantled motor vehicle, including component parts, which is not lawfully and validly licensed and remains inoperative or incapable of being driven. When performing work under the terms of this Contract, the Association shall notify the City-County in advance to negotiate payment for removal of junk vehicles from “difficult terrain.” “Difficult terrain” is defined as, but not limited to, the removal of junk vehicles from rivers and non-maintained roads. - 2 - ---PAGE BREAK--- When performing work under the terms of this Contract, the Association shall notify the City-County in advance to negotiate for the removal of junk vehicles, when said removal requires special equipment. “Special equipment” is defined as, but not limited to, large cranes, bull-dozers, and other heavy equipment. All junk vehicles removed under this Contract become the property of the State of Montana. The Association shall not remove or allow the removal of parts from any junk vehicles removed under this Contract. This Association will remove junk vehicles within three days after receipt of the ‘Release of Ownership or Interest in Motor Vehicle Request’ Form unless extraordinary circumstances exist. SECTION 4: SPECIAL PROVISIONS: This Association will obtain and maintain coverage under the Worker’s Compensation Act for any and all employees engaged in performing work under this Contract. The Association agrees that all hiring for work on the Contract shall be on the basis of merit and qualifications genuinely related to competent performance of the particular occupational task for which the person is hired. The Association agrees to hold the City-County harmless from any claim or liability arising out of the Association’s performance of work under the terms of the Contract, including, but not limited to, the removal of junk vehicles to a disposal site. In addition, the City-County agrees to hold the Association harmless from any claim or liability arising out of the City-County’s performance under the terms of this Contract, including error in instruction or direction. This Contract calls for the performance of the services of the Association as an independent contractor and the Association will not be considered an employee of the City-County for any purpose. The work and services provided herein shall be performed by the Association and no person other than a regular Association member or employee of the Association shall be engaged in such work or services except upon written approval of the City-County. The Association agrees not to discriminate in the employment of persons performing work under the terms of this Contract on the basis of race, color, religious creed, political ideas, sex, age, marital status, physical or mental handicap, national origin, or ancestry unless the reasonable demand of employment are such that they cannot be met by a person with a particular physical or mental handicap. SECTION 5: GOVERNING LAW: This Contract shall be construed in accordance with and governed by laws of the State of Montana. - 3 - ---PAGE BREAK--- IN WITNESS WHEREOF, the parties hereto have caused this Contract for Services to be executed in Duplicate by their respective officers thereunto duly authorized effective the day and year first above written. BY: DATE: JOHN G. RICHARDS, President Butte-Silver Bow Wrecker Association, An Unincorporated Association BUTTE-SILVER BOW CITY-COUNTY SIGNATURE BLOCK: BY: DATE: Karen Sullivan, Health Officer Butte-Silver Bow Health Department BY: DATE: Danette Melvin, RN/MN – Chairwoman Butte-Silver Bow Board of Health IN WITNESS WHEREOF, the parties have caused this Contract for Services to be executed by their authorized representatives, on the date and year first written above. Matt S. Vincent, Chief Executive ATTEST: Sally J. Hollis, Clerk & Recorder BUTTE-SILVER BOW CITY-COUNTY SIGNATURE BLOCK: (continued on Page # - 4 - ---PAGE BREAK--- BUTTE-SILVER BOW CITY-COUNTY SIGNATURE BLOCK: (continued from Page #4 APPROVED AS TO FORM: Eileen Joyce, County Attorney STATE OF MONTANA ) : ss. County of Butte-Silver Bow ) On this day of 2013, before me, a Notary Public for the State of Montana, personally appeared MATT S. VINCENT and SALLY J. HOLLIS, known to me to be the Chief Executive and Clerk and Recorder, respectively, of the City-County of Butte-Silver Bow, a municipal corporation and political subdivision of the State of Montana, and acknowledged to me that they executed the written instrument on behalf of said municipal corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Printed Name of Notary Public Signature of Notary Public NOTARY PUBLIC FOR THE STATE OF MONTANA RESIDING AT MY COMMISSION - 5 -