12-06-2001 ERFPD Service AgreementSERVICE AGREEMENT
This agreement is made and entered into this da k2�
y o 01 by and between
Eagle River Fire Protection District whose address is P.O. Box 7980, Avon, Colorado, 81620
(hereafter know as "ERFPD") and the Town of Avon whose address is P.O. Box 1726, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor").
RECITAL
In consideration of the obligation of ERFPD 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 River Fire Protection District vehicles and equipment which are
operated by ERFPD. Service will be performed on approximately 19 vehicles or
other equipment, although the number of vehicles serviced may be increased or
decreased in ERFPD's sole discretion. Routine Maintenance will be performed
at lease 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 ERFPD. No payment for any
repair or replacement work shall be due unless ERFPD has approved of such
charges. Services may be commenced with verbal approval by ERFPD or 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. ERFPD 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.
(c) Contractor's Fueling Facilities may be used by ERFPD. The cost of Unleaded
Gasoline and Diesel Fuel will be charged at the Contractor's cost plus ten cents
Per gallon.
(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, ERFPD will pay Contractor $80.00 per hour for Routine Maintenance
and Repair and Replacement work. Materials and sublet work shall be charged
at cost plus ten percent. Invoice shall be issued by the 10th of each month for
services performed the previous month. Payment shall be remitted within ten
(10) days of receipt of invoice.
Terms and Termination: This Agreement will be effective as of January 1, 2002
and will terminate on December 31, 2002 unless Contractor fails to substantially
perform the duties and obligations in accordance herewith. In such an event,
ERFPD 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.
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 ERFPD to its employees. Contractor shall provide
ERFPD 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 ERFPD, 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 '� 2001.
Eagle River Fire Protection District
By: YltalkGA�
EXECUTED this _day of '� 2001.
TOWN
TOWN OF AVON
By: r`JvY
EXHIBIT A
"A" PM 3,000 miles or $80.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months
Preventive Maintenance
Inspection
$80.00 hr.
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
January 1, 2002.
,VON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Page 1
grogram FMG210 DEPARTMENT: 91 - EAGLE RIVER FIRE PROTECTION DISTRICT Date 12/06/01
�elease 5-Z Time 10:52
--DATE--
LICENSE-
--- DEPR- --
--MAINT- --
-YTD--
--MILES
HRS-- M
QUIP# YR ---MAKE---
--MODEL---
CLASS
---SERIAL NUMBER----
-ACQRD--
-NUMBER-
---COST---
--VALUE---
---LTD----
-MILES
BEG -FY
CURRNT T
10
00 PIERCE
QUANTUM
HP
4P1CT02S9YA000935
11/21/00
AFD
380000.00
0.00
2815.46
661
134
795 H
11
00 PIERCE
QUANTUM
HP
4P1CT02SOYA000936
11/21/00
AFD
380000.00
0.00
8299.97
931
181
1112 H
12
68 PIERCE
DASH-2DR-
HP
1P9CTO1D2JA040331
01/01/80
AFD
140000.00
0.00
31113.48
3471
64520
67991 M
13
99 FORD
F450/PIERC
LP
1FDXF47F3XEB37439
03/31/00
24696YM
140000.00
0.00
1920.48
0
152
152 H
14
81 CHEV.
C-30
LP
1GBJK34MBBB133517
01/01/B1
AFD
20000.00
0.00
8568.96
0
559
559 H
15
62 E -ONE
1871 -WA
HP
11HFT4283CLZIS934
01/01/8D
AFD
85000.00
0.00
16856.72
47
6454
6501 H
16
85 FORD
F350/PIERC
LP
1FDKF3818FPB50360
01/01/85
AFD
35000.00
0.00
19180.38
63
1818
1881 H
17
86 FORD
CT8000
HP
1FDYD80U7GVA03933
01/01/86
AFD
85000.00
0.00
31331.67
25
76287
76312 M
19
01 PIERCE
QUANTUM
HP
4P1CT02S61A001708
09/03/01
TEMP
380000.00
0.00
759.10
117
0
117 H
21
93 CHEV.
SUBURBAN
L4U
1GNGK26K2PJ367152
01/01/93
AFD
19150.00
0.00
10816.62
4
77761
77765 M
22
95 CHEV.
S10 BLAZER
L4U
1GNDT13WBSK260319
09/01/95
AFD
20800.00
0.00
10701.48
7626
54630
62256 M
23
98 CHEV
BLAZER
L4U
1GNDT13WXWK224749
05/15/98
TEMP
23164.01
0.00
5019.07
1499
25036
26535 M
24
90 PIERCE
DASH 4DR.
HP
4P1CTO2D5MA000152
01/01/90
AFD
193500.00
0.00
76092.77
453
5396
5849 H
25
98 PIERCE -FL
FL112-TANK
HWT
1FV6TMDBGXHA41448
01/29/99
APO
185000.00
0.00
5544.99
1
333
334 H
26
95 GMC
3500 4DR
H4U
1GDHK33F3SFOO7695
11/01/95
AFD
32000.00
0.00
18457.73
211
929
1140 H
27
98 CHEV
3500 4DR
H4U
1GBHK33F1WF062189
08/21/98
665Al2
29514.53
0.00
11959.42
346
1119
1465 H
30
81 SUTPHEN
TS 100+
LT
159A3KEE6B1003008
01/01/81
AFD
350000.00
0.00
22339.57
109
870
979 H
31T
98 HAULMARK
K714BT-WT
HT
16HPB1424WU011442
07/01/98
AFD
8000.00
0.00
110.15
0
0
0 M
071
79 TMC
CITYCRUISE
32C
9030-2
01/01/90
EME-2158
95000.00
0.00
10691.93
0
6646
6646 H
omoomwo
1
MSC
1
05/03/98
1
0.00
0.00
607.16
0
0
O M
woomospift
1
MSC
1
05/03/98
1
0.00
0.00
16401.14
0
0
0 M
womommooft
1
MSC
1
05/03/98
1
0.00
0.00
232.87
0
0
O M
1
MSC
1
05/03/98
1
0.00
0.00
72.29
0
0
0 M
1
MSC
1
05/03/98
1
0.00
0.00
521.03
0
0
0 M
DEPT TOTALS:
ITEMS
ry
/
COST
$2,601,129
DEPRECIATED VALUE
$0
MAINTENANCE (LTD)
$310,413
MTHLY CHG + INSUR. AMT
$0
MILES DRIVEN
(YTD)
12625
HOURS DRIVEN
(YTD)
/ ITEMS
2939 /
13
OTHER METER USED (YTD)
/ ITEMS
0 /
0