12-09-2003 ERW&SD Service Agreement (2)SERVICE AGREEMENT
�3
This agreement is made and entered into this 4
11^ day of 2 by and between
Eagle County Ambulance District whose address is P.O. 0 9�d#R726,
ards, Colorado (hereafter
know as "ECAD") and the Town of Avon whose address is P.O. 500 Swift Gulch Road,
Avon, Colorado, 81620 (hereafter designated as "Contractor").
RECITAL
In consideration of the obligation of ECAD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
Contractor Services: Contractor will, during the term of this Agreement, provide:
(a) Routine maintenance and preventive maintenance ("Routine Maintenance") of
the Eagle County Ambulance vehicles. Service will be performed on
approximately 9 vehicles, although the number of vehicles serviced may be
increased or decreased in ECAD's sole discretion. Routine Maintenance will be
performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ECAD. No payment for any repair
or replacement work shall be due unless ECAD has approved of such charges.
Services may be commenced with verbal approval by ECAD of a written estimate
submitted by Contractor. Repair and Replacement work consists of the following
types of work, including without limitation, transmissions repairs, engine repairs,
rear end repairs and any work or repairs exceeding $2,000.00. ECAD
acknowledges that subcontractors will perform certain repair work. Contractor
shall be responsible for assuring that all such subcontracted work will be
performed promptly and in accordance with the terms and conditions of this
Agreement.
(collectively the "Services")
2. Facilities: Contractor represents that it's facilities are in good repair and
adequately equipped and that it has a sufficient staff to perform all work in a
timely manner. All Routine Maintenance shall be completed within 24 hours of
any vehicle being brought to Contractor's facility.
3. Compensation: In consideration of Contractor's services during the term of this
Agreement, ECAD will pay Contractor $85.00 per hour for repair and
replacement work. Materials and sublet work shall be charged at cost plus ten
percent. Invoice shall be issued by the 10`h of each month for services
performed the previous month. Payment shall be remitted within ten (10) days of
receipt of invoice. Contractor's Fueling Facilities may be used by ECAD. The cost
of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
cents per gallon.
4. Terms and Termination: This Agreement will be effective as of January 1, 2003
and will terminate on December 31, 2003 unless Contractor fails to substantially
perform the duties and obligations in accordance herewith. In such an event,
ECAD may terminate this Agreement upon seven (7) days written notice to the
Contractor, unless Contractor cures the breach within the Seven (7) day remedy
period. Either party may terminate this Agreement without cause upon 30 Days
written notice.
5. Relationships and Taxes: The relationship between the parties is that of
independent contracting parties, and nothing herein shall be deemed or
construed by the parties hereto or by any third party as creating a relationship of
principal and agent or partnership, or of a joint venture between the parties.
Contractor shall be solely responsible for any tax, withholding or contribution
levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are
otherwise made available by ECAD to its employees. Contractor shall provide
ECAD an original of its Form W-9 (Request for Taxpayer Identification Number of
Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient end
workmanlike manner. Contractor shall promptly correct any defective work.
7. Assignment: Contractor's duties hereunder requires particular expertise and
skills, and may not be assigned to any third party without the expressed written
consent of ECAD, and any attempt to do so shall render this Agreement null and
void and no effect as respects the assignee (s) and shall constitute an event of
default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/
or conditions hereof shall not be deemed a waiver of such term, covenant, or
condition, nor shall any waiver or relinquishment of any right or power hereunder
at any time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall
apply to, inure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors in interest, and legal representatives except as
otherwise herein expressly provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the
interpretation, validity, performance and enforcement of this Agreement. If any
provision of this Agreement shall be held to be invalid or unenforceable, the
validity and enforceability of the remaining provisions of this Agreement shall not
be affected thereby.
11. Modification: This Agreement contains the entire agreement between the
parties, and no agreement shall be effective to change, modify, or terminate in
whole or in part unless such agreement is in writing and duly signed by the party
against whom enforcement of such change, modification, or termination is
sought.
EXECUTED this / day of LSC e n7 �eti 2002.
Eagle County Ambulance District
By: OOIRV —11`
llre_T % ch,- /)—r-
EXECUTEDthis 1 day of
OF AVON
By:
EXHIBIT A
WORK _ FREQUENCY RATE
"A" PM 3,000 miles or
Preventive Maintenance 250 hours
Inspection
$85.00 hr.
Plus parts &
sublet
"Annual" every 12months $85.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
January 1, 2003.
AVON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Page 1
Program FMG210 DEPARTMENT: 10 - EAGLE COUNTY AMBULANCE DISTRICT Date 12/04/02
Release 5.z Time 12:58
--DATE-- LICENSE----DEPR--- --MAINT--- -YTD-- --MILES HRS-- M
EQUIP# YR ---MAKE--- --MODEL--- CLASS ---SERIAL NUMBER-----ACQRD-- -NUMBER- ---COST--- --VALUE--- ---LTD---- -MILES BEG -FY CURRNT T
777A
02 FORD
EXPLORER
L4U
1FMDU73W92UD57585
09/23/02
TEMP
22000.00
0.00
1229.30
16
1000
1016
M
778A
01 FORD
EXPEDITION
L4U
1FMPU16LXlLA66925
02/28/01
168-CMY
25000.00
0.00
2136.25
12116
3007
15123
M
779A
O1 FORD
EXPEDITION
L4U
1FMPU16L81LA86924
02/28/01
169-CMY
25000.00
0.00
1324.85
7377
6987
14364
M
780A
98 FORD
E450
AMB
IFDWE30FOWHA45463
10/27/00
EMF1771
22000.00
0.00
4500.76
15021
91712
106733
M
781A
99 FORD
E450
AMB
1FDWE30F1XHA14076
10/27/00
EMG1102
22000.00
0.00
8300.26
21859
67669
89528
M
782A
01 FORD
E350
AMB
1FDWE35F61HAS7750
03/07/01
361 -CNC
50000.00
0.00
4399.10
18089
37171
55260
M
783A
02 FORD
E450
AMB
1FDWE35F82HA21091
10/27/00
EMC5335
22000.00
0.00
3726.43
0
109050
20020
M
784A
00 FORD
E350
AMB
1FDWE35F7YRA29756
10/27/00
745ADF
22000.00
0.00
9315.62
14321
70746
85067
M
785A
97 FORD
E450
AMB
1FDKE30FlVHA7522B
10/27/00
EMH3041
22000.00
0.00
3819.62
13691
87601
101292
M
LYN
98 FORD
EXPLORER
L4U
IFMZU34EOWZA99891
10/27/00
EMF2190
22000.00
0.00
90.99
0
68437
55202
M
SRK
96 FORD
EXPLORER
L4UP
1FMDU34X7TZB32571
10/27/00
EMD4428
22000.00
0.00
181.55
0
66908
66908
M
• DEPT TOTALS:
ITEMS'
I ]
COST
$276,000
DEPRECIATED
VALUE
$0
MAINTENANCE
(LTD)
$41,906
MTHLY CHG +
INSUR. AMT
$0
MILES DRIVEN (YTD)
102490
HOURS DRIVEN (YTD)
/ ITEMS
0 /
0
OTHER METER USED (YTD)
/ ITEMS
0 /
0