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City of Missoula Towing & Recovery Services Contract Contract Dates: July 1, 2009 through June 30, 2011 This Contract is entered into this day of , 2009, between the City of Missoula Police Department (Missoula PD) and Iron Horse Towing, Inc. (Contractor), an independent contractor, for Missoula PD requested towing and recovery services for police purposes. CONTRACT TERM: July 1, 2009 through June 30, 2011. Vendor Iron Horse Towing & Repair 6593 US Highway 10 West Missoula MT 59808 Representative: Phone # Scott Wolff [PHONE REDACTED] Pricing Information: Towing and Recovery Service for the City of Missoula as follows: ITEM DESCRIPTION NET UNIT BID PRICE 1. Local area towing $ 34.00 per tow 2. 3. 4. Response Fee Labor Rate/Standby Mileage outside City limits $15.00 per call $30.00 per hour $02.00 per mile 5. Inside storage $20.00 per day 6. Outside storage $10.00 per day 7. Winching (light duty) $44.00 per hour 8. Dollies $15.00 per tow 9. Flatbed $34.00 per tow ---PAGE BREAK--- 2 SPECIFICATIONS 1. Scope of Services: This contract for services shall apply to all requests made by authorized Missoula Police Department (Missoula PD) personnel to Contractor for services involving City of Missoula police vehicles and/or vehicles towed at police department request to a location for impound for reason of criminal investigation or investigation of serious bodily injury or fatality. 2. Service Requirements: 2.1 Hours of Service: Contractor must provide towing services 24 hours per day, seven days per week, (regardless of any federal or state holidays). 2.2 Towing Instructions: Contractor shall tow vehicles to their destination only under the direction of authorized Missoula PD personnel. Authorized Missoula PD personnel may direct Contractor to tow the vehicle to any of the following destinations: • City of Missoula lot; • Contractor Storage facility; • Other location as specified by authorized Missoula PD personnel. 2.3 Response Time: 2.3.1 Contractor shall arrive with towing vehicle(s) at the requested service-site(s) designated by authorized Missoula PD personnel within twenty (20) minutes after the call has been placed. 2.3.2 If, in isolated instances, the Contractor does not expect to respond to the call within the twenty (20) minutes, he/she shall immediately advise the Missoula PD's dispatcher of an ETA (Estimated Time of Arrival). 2.3.3 Should Contractor fail to report to the designated site(s) within twenty (20) minutes, the Missoula PD may contact another towing company to handle the towing service. The original call will be cancelled with the Contractor; Contractor shall not be compensated for a Cancellation Call Charge. 2.3.4 Repeat instances of response times exceeding the twenty (20) minute response time may be deemed a Contract breach, subjecting the Contractor to contract termination. 2.4 Emergency Situations: Contractor must provide towing services during snow and/or other emergency situations. 3. Personnel: 3.2 Drivers: Contractor shall have in its employ, or under its control, ---PAGE BREAK--- 3 sufficient licensed, qualified and competent personnel to perform towing services at the levels specified in this Contract. 3.3 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 this contract. Contractor’s employees must follow Missoula PD Policies and Procedures and guidelines while performing work under this contract. 4. Business Operating Permits and Licenses: 4.1 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. 4.2 Contractor must also adhere to any City of Missoula ordinances covering operation of motor vehicles, business, etc. as required. 4.3 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. 4.4 Contractor MUST provide, within seven days of a 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. 5. Vehicle Damages: Contractor is responsible for the reimbursement of vehicle damages caused during towing and storage to vehicle owner. Dispute resolution is a matter entirely between the Contractor and vehicle owner(s). Ordinary claim and remedy procedures apply, subject to any applicable rule(s), ordinance(s), or law(s). 6. Service Rates: 6.1 Towing Service: Local area towing $ 34.00 per tow Mileage outside City limits $2.00 per mile Response Fee $15.00 per call Labor Rate/Standby $30.00 per hour 6.2 Storage Service: Inside storage $20.00 per day Outside storage $10.00 per day ---PAGE BREAK--- 4 6.3 Winching Service: Winching (light duty) $44.00 per hour 6.4 Dollies $15.00 Flatbed $34.00 6.5 Cancellation Charges: Contractor must permit no-charge cancellation of towing service request up to the point of Contractor's arrival at the designated call site. An illegally parked vehicle shall be considered "Towed" when the Contractor’s towing vehicle has physically arrived at the dispatched parking lot. 6.6 Additional Charges: No additional charges or costs of any kind associated with the vehicle post-impound storage or processing fees beyond those listed on the Itemized Bid List, shall be permitted. 7. Workers’ compensation and Liability Insurance Coverage: 7.1 Workers’ Compensation: The Contractor shall be responsible at their own expense to purchase any required workers’ compensation, general liability insurance or applicable state contractors’ licenses for the Contractor or any employee of the Contractor. The City of Missoula is not the workers’ compensation insurer of Contractor’s employees. Contractor must have current workers’ compensation insurance in place for its employees injured or killed while 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 work pursuant to this contract. 7.2 Liability Insurance Coverage: The Contractor shall indemnify, defend, save and hold the City of Missoula harmless from any claims, lawsuits, or liability, including attorneys’ fees and costs, allegedly arising out of loss, damage or injury to persons or property occurring during the course of or as a result of the Contractor’s performance pursuant to this Contract. 8. Jurisdiction - 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 and the Contract shall be interpreted according to the law of Montana. 9. Integration: This instrument and all appendices and amendments hereto, embody the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Contract shall supersede all previous communications, representations or agreements, either oral or written, between the parties hereto. 10. Nondiscrimination: In performing their duties under this Contract, neither party may discriminate against any person on the basis of race, color, religion, national origin, ancestry, age, sex, marital status, or physical or mental ---PAGE BREAK--- 5 handicap. The Contractor agrees to comply with all provisions of law, including the City’s Affirmative Action/EEO Policy, concerning the prohibition of discrimination. 11. Amendment: The parties may amend this Contract only by written agreement executed by all parties hereto. In Witness Whereof, the parties hereto have caused this agreement to be executed the day and year first herein above written. Scott Wolf, Owner Date Iron Horse Towing Mark Muir Date Missoula Police Chief City of Missoula, Montana John Engen Date Mayor City of Missoula, Montana Jim Nugent, as to form Date City Attorney City of Missoula, Montana Martha Rehbein Date City Clerk City of Missoula STATE OF MONTANA ) ) ss County of Missoula ) This instrument was acknowledged before me, a Notary Public for the State of Montana, on this day of , 2009, by Scott Wolff, Iron Horse Towing & Repair. NOTARY PUBLIC for the State of Montana (Printed Name of Notary) (NOTARIAL SEAL) Residing at My Commission Expires ---PAGE BREAK--- 6