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<br />16) Tow requests that are cancelled by an officer prior to arrival of the tow truck <br />at the scene will not be charged. The tow cannot be cancelled once the tow <br />truck is attached to the vehicle, at that point the minimum tow fee does apply. <br />F or tow trucks cancelled prior to arrival, that company shall be placed back on <br />top of the rotation, for purposes of rotation the tow does not count. <br /> <br />17) Morrell Towing shall provide Worker's Compensation insurance in <br />conformance with the provisions of the Minnesota Worker's Compensation <br />Act and provide the City with proof thereof. Nothing in this agreement shall <br />be construed to create an employee/employer relationship between the parties. <br /> <br />18) This Agreement shall be in effect from May I, 2008, until May 1, 20 I 0, and <br />shall automatically renew for successive two-year terms unless terminated by <br />either party. <br /> <br />19) This Agreement may be terminated by either party, with or without cause, <br />upon thirty (30) days written notice to the other party. <br /> <br />20) The City will review this Agreement prior to the expiration of each item, and <br />has the right to submit to Morrell Towing, in writing, proposed amendments <br />to this Agreement. The proposed amendments will take effect at the <br />commencement of the next one-year term, unless Morrell Towing submits <br />written objections to the amendments. <br /> <br />21) Although it is the City's intent to rotate tow calls among several private <br />towing companies, as set forth in the recitals above, Morrell Towing shall <br />have no claim against the City for damages for any claimed failure to follow <br />this practice. Morrell Towing's sole remedy shall be the termination of this <br />Agreement on 30 days' written notice. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date <br />and year first above written. <br /> <br />Morrell Towing <br /> <br />City of Elk River <br /> <br />By <br />Trent Morrell d/b/a Morrell Towing <br /> <br />By <br />Stephanie Klinzing, Mayor <br /> <br />By <br />Tina Allard, City Clerk <br /> <br />GP:2348137 v2 <br />