HomeMy WebLinkAbout16- Haying Agreement - Kevin Joyce - Leverich Lane PropertyHAYING AGREEMENT
THIS AGREEMENT is made and entered into this 144 ' day of 1 , 2016, by
and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a maili g address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as "City," and e, Lj J 9) , with a mailing address of
("Contractor").
WHEREAS, the City owns vacant land which needs to be maintained by being
mowed/hayed; and
WHEREAS, Contractor desires to obtain the hay from the vacant land described herein;
NOW, THEREFORE in consideration of the mutual covenants herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Property: The property to be mowed/hayed is described as follows: [insert description of/
property] (the "Property"). 7Q #- acres G 1 �e ell/ U'� e vt r ,�� h �s ne
2. Term: ThisAgreement is effective upon the date of its execution and will terminate on the
11 day of Q , 2015, unless earlier terminated as provided herein.
3. Haying; Noxious Weed Control: Contractor agrees to cut, bale and remove the hay on the
Property at least once per calendar year, with the first cutting complete by July 15, 2016
and removal of the bales of hay by August 1, 201, except that if weather conditions make
either cutting and/or removal by these deadlines reasonably impracticable the Parties may
agree to a later date. The entire area of the Property to the fence lines or drainage ditches is
to be mowed/hayed regardless of the quality of the hay. Contractor agrees to comply with all
State and County laws and regulations regarding the control of noxious weeds on the
Property at the sole expense of the Contractor and to hold the City harmless from said
control of noxious weeds.
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4. Payment: In exchange for cutting, baling, and removing the hay and weed control on the
Property pursuant to this Agreement, the City agrees that all hay cut, baled and removed by
Contractor shall become the property of Contractor. No payment shall be due from either
Party to the other.
5. Independent Contractor Status/Labor Relations: The Parties agree that Contractor is an
independent contractor for purposes of this Agreement and is not to be considered an
employee of the City for any purpose. Contractor is not subject to the terms and provisions
of the City's personnel policies handbook and may not be considered a City employee for
workers' compensation or any other purpose. Contractor is not authorized to represent the
City or otherwise bind the City in any dealings between Contractor and any third parties.
If Contractor employs workers to perform this Agreement, Contractor shall comply with the
applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and
the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall
upon request furnish the City with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring in connection with any labor problems or disputes or any delays or stoppages of
work associated with such problems or disputes.
6. Indemnity/Waiver of Claims/Insurance: Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims,
demands, actions, fees and costs, losses, expenses, liabilities (including liability where
activity is inherently or intrinsically dangerous) or damages of whatever kind that may be
asserted against, recovered from or suffered by the City occasioned by, growing or arising
out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of
any of the Contractor's agents. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist. Contractor's indemnity under this Section shall
be without regard to and without any right to contribution from any insurance maintained by
City.
Haying Agreement
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Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance of
this Agreement or conditions on the Property except "responsibility for [the City's] own
fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent" as per 28-2-702, MCA.
Contractor shall at Contractor's expense secure general liability insurance coverage through
an insurance company or companies duly licensed and authorized to conduct insurance
business in Montana which insures the liabilities and obligations specifically assumed by the
Contractor in this Section, in amounts of not less than $1,000,000 per occurrence,
$2,000,000 annual aggregate. The insurance coverage shall not contain any exclusion for
liabilities specifically assumed by the Contractor in this Section. The City of Bozeman and
its officers, agents, and employees shall be endorsed as an additional or named insured on a
primary non-contributory basis. Contractor shall notify City within two (2) business days of
Contractor's receipt of notice that any required insurance coverage will be terminated or
Contractor's decision to terminate any required insurance coverage for any reason. The City
must approve all insurance coverage and endorsements prior to the Contractor commencing
work.
7. Termination:
a. If Contractor fails to perform any of its obligations under this Agreement, or
otherwise breaches any terms or conditions of this Agreement, or should conditions arise
which, in the sole opinion and discretion of the City, make it advisable to the City to cease
performance under this Agreement the City may, by written notice, terminate this
Agreement and the Contractor's right to proceed with all or any part of the work. The City
may then take over the Contractor's obligations, either with its own resources or by re-
letting the contract to any other third party.
b. Upon receipt of the Notice of Termination, unless otherwise directed in the
Notice, the Contractor shall immediately cease performance under this Agreement and make
every reasonable effort to refrain from continuing work, incurring additional expenses or
costs under this Agreement. Contractor shall do only such work as may be necessary to
preserve, protect, and maintain work already completed or immediately in progress.
8. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
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Contractor's damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, or lost profits damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
9. Representatives: The City's Representative for the purpose of this Agreement shall be Eric
Campbell, Water Treatment Plant Superintendent or such other individual as City shall
designate in writing. The Contractor's Representative shall be, e.✓,k% fCo �"-`� or
such other individual as Contractor shall designate in writing.
10. Compliance with Laws and Regulations: Contractor shall provide all notices, comply
with all applicable laws, rules, and regulations, obtain all necessary permits and licenses
from applicable governmental authorities, and pay all fees in connection therewith.
11. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons
performing this Agreement shall be on the basis of merit and qualifications. The Contractor
will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti -discrimination laws, regulations, and contracts. The
Contractor will not refuse employment to a person, bar a person from employment, or
discriminate against a person in compensation or in a term, condition, or privilege of
employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or
mental disability, marital status or sex distinction. The Contractor shall require these
nondiscrimination terms of its subcontractors providing services under this agreement.
12. Modification; Assignability: This Agreement may not be modified except by written
agreement signed by both parties. The Contractor may not subcontract or assign
Contractor's rights without the prior written consent of City. Any subcontractor or assignee
will be bound by all of the terms and conditions of this Agreement.
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13. Non -Waiver: A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce such
term or conditions in the event of any subsequent default or breach.
14. Survival: Contractor's indemnification shall survive the termination of this Agreement for
the maximum period allowed under applicable law.
15. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
16. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
17. Binding Effect; No Third -Party Beneficiary: This Agreement is binding upon and inures
to the benefit of the heirs, legal representatives, successors, and assigns of the parties. This
Agreement is for the exclusive benefit of the parties, does not constitute a third -party
beneficiary agreement, and may not be relied upon or enforced by a third party.
18. Counterparts: This Agreement may be executed in counterparts which together constitute
one instrument.
19.Inteltration: This Agreement constitutes the entire agreement of the parties. All
communications, oral or written, made prior to the date of this Agreement are hereby
abrogated and withdrawn unless specifically made a part of this Agreement by reference.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA
on
By
Chris Kukulski, City Manager
APPROVED AS TO FORM:
Aav C@ E�
CONTRACTOR (Company Name)
By
Print Name: Q dr o X c e
Print Title: /� n 'c-9 2r
Haying Agreement
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<A By
Gr ullivan, Bozeman City Attorney
Haying Agreement
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