HomeMy WebLinkAbout97- Montana Public Vehicle Fueling Program Network Users Agreement
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STATE OF MONTANA
MONTANA PUBLIC VEHICLE FUELING PROGRAM
NETWORK USERS AGREEMENT
1. PARTIES TO THE AGREEMENT: This agreement is entered into by and between the Montana Public Vehicle
Fueling Program, State of Montana, referred to as the STATE, and the following USER:
USER Name: .CITY OF BOZEMAN
USER Billing Address: P.O. BOX 640
BOZEMAN, MT 59715
Contact Person: DIANE SALVIA Phone Number: 582-3203
User Account Numbers #6300 - Purchasing #6330 - Recreation Center
#6305 - Street Department #6335 - Fire Department
#6310 - Forestry #6340 - Police/DARE Program
#6315 - Building Inspection #6345 - Zoning
#6320 - Parks Department #6350 - Snow Removal
#6325 - Cemetery #6355 - Sewer Department
#6360 - Water Department
2. PURPOSE OF AGREEMENT: To implement Executive Order 22-92 , dated November 9, 1992, and to set forth
the terms and conditions of the STATE providing the USER with electronic fuel dispensing and fleet card
processing services at Montana Public Vehicle Fueling Program sites.
3. PERIOD OF AGREEMENT: This agreement begins on the date of its execution by both parties. Agreement will
continue until cancelled by either party by giving the other party a thirty (30) day written notice.
4. PAYMENT PROCEDURES: USER will be billed monthly directly from GASCARD, INC. The monthly billing and
"Fuel Management Report" are the same document. USER agrees to pay the billing within 30 days of billing
closing date. Nonpayment can cause the access cards to become "disabled" until payment is received.
5. USER ACCESS CARDS: Access cards for fuel purchases will be issued to USER for agency staff use. The cost
per card is~. Worn, damaged or defective cards will be replaced by the STATE.
6. COSTS TO BE BILLED USER: The USER will pay the cost of fuel and authorized non-fuel products, plus
administrative fee, as follows: 1) at commercial sites the cost will be a "best rate" as negotiated by the STATE;
2) at government sites the cost of fuel will be determined by the agency owning the site in conjunction with the
STATE.
7. RESTRICTIONS: The USER warrants that access cards will only be used for vehicles owned by governmental
entities or leased by governmental entities wherein the lease terms must meet the criteria for a "Permanent Lease"
as defined in Administrative Rules of Montana, 918.10.301. The STATE will not be held liable for uncollected
taxes if the USER has evaded applicable State and Federal Taxes.
8. INDEMNIFICATION: The USER agrees to protect, defend, and save the STATE, its officials, agents, and
employees, while acting within the scope of their duties as such, harmless from and against all claims, demands,
and causes of action of any kind or character. This includes the cost of defense thereof, arising in favor of the
USER's employees or third parties on account of bodily or personal injuries, death. or damage to property arising
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-- out of services performed, goods provided or"omi~sidns of services or in any way resulting from'the acts or
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omissions of USER and/or its agents, employees or its representatives under this contract.
The USER further takes responsibility and liability for any damage caused by USER's employees or drivers to
State property; for any injury to USER employees or damage to property that may occur due to the actions of
USER employees at State facilities; and for the cost of remediation caused by fuel that USER's employees, agents
or representatives may spill.
9. CHOICE OF LAW AND VENUE: This contract is governed by the laws of Montana. The parties agree that any
litigation concerning this contract must be brought in the First Judicial District in and for the County of Lewis and
Clark, State of Montana.
10. ACCESS TO GOVERNMENT SITES: USER agrees to abide by the hours of operation and procedural
considerations established by the agency owning a State site. Please indicate in the table below, by placing a
check in the appropriate box, which Montana Department of Transportation (MDT) sites you are planning to use.
Additionally, USER will contact the applicable MDT personnel listed to make prior arrangements if USER is
planning on fueling regularly at said MDT sites. All the MDT sites are operational, with the exception of Helena,
which will be activated by October, 1995. Additional sites will be considered upon request.
GOVERNMENT (MDT) SITES
BIG TIMBER BUTTE HARLOWTON LEWISTOWN TOWNSEND
Paul Bronson Kavin Brewer Doug Lutke Doug Lutke Kevin Brewer
252-4138 494-3224 538-8731 538.8731 494-3224
BILLINGS GLASGOW HAVRE MILES CITY TWIN BRIDGES
Peul Bronson Bill Juve Rick Fulwiler Bill McChesney Kevin Brewer
252-4138 653-1 050 265~821 232.1093 494-3224
BOULDER GLENDIVE HELENA MISSOULA WOLF POINT
Kevin Brewer Alan McRee Cheryl Richman George Swartz Bill JUlie
494-3224 365-5296 444~153 543.5803 653-1 05
BOZEMAN GREAT FALLS KALlSPELL SHELBY
Doug Moeller Dave Kelly Steve Herzog Rick Fulwiler
586-9562 727-4350 755-5717 265-6821
IN WITNESS THEREOF, the parties sign and cause this agreement to be executed.
Entered into this ~ day of January , 1991
USER STATE
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CITY OF BOZE~1AN
Jam~s E. Wysocki, City Marager
Typed Name and Title of Authorized Representative