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24.02.06 IGA ECO TRANSIT1/31/24, 2:58 PM BoardDocs® Plus https://go.boarddocs.com/co/eagleco/Board.nsf/Private?open&login 1/1 Agenda Item Details Public Content Administrative Content Executive Content Meeting Jan 01, 2050 - *****Signature Workflow***** Category A. BoCC Signature Subject Tenth Amendment to Intergovernmental Agreement for Bus Storage & Service at the I-70 Regional Transportation Operations Facility Access Public Type Action (Consent) Preferred Date Feb 06, 2024 Absolute Date Feb 13, 2024 Fiscal Impact Yes Budgeted Yes Recommended Action Approve Prepared By: Tracy Stowell Department: On Behalf of ECO Transit Executive Summary: This is the annual renewal of the IGA between Eagle County and the Town of Avon, for the use of the Swift Gulch Transit facility. ECO Currently stages 12 vehicles out of the facility. Buses staged at the facility are subject to a negotiated lease, maintenance, cleaning and fueling costs as outlined in the attachments provided. Reviewing Attorney: Robert Wear BoCC signature?: Yes Items of a routine and non-controversial nature are placed on the consent agenda to allow the Board of County Commissioners to spend its time and energy on more important items on a lengthy agenda. Any Commissioner may request that an item be REMOVED from the consent agenda and considered separately. Any member of the public may REQUEST any item be REMOVED from the consent agenda.                TENTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR BUS STORAGE & SERVICE AT THE I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY THIS TENTH AMENDMENT ("Tenth Amendment") is effective as of ______________ by and between the Board of County Commissioners of Eagle County, a body corporate and politic, doing business as ECO Transit (hereinafter "ECO"), located at 3289 Cooley Mesa Road, Gypsum, Colorado, and the Town of Avon, a Colorado home rule municipality (hereinafter "Avon"), located at One Lake Street, Avon, Colorado. ECO and Avon shall collectively be referred to as the "Parties." RECITALS WHEREAS, the Parties entered into an agreement dated the 29th day of October, 2013, for Bus Storage and Service at the I-70 Regional Transportation Operations Facility (the "Original Agreement"); and WHEREAS, by a First Amendment dated the 9th day of December, 2014, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Second Amendment dated the 22nd day of December, 2015, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Third Amendment dated the 15th day of November, 2016, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Fourth Amendment dated the 12th day of January, 2018, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Fifth Amendment dated the 13th day of November, 2018, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Sixth Amendment dated the 17th day of December, 2019, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Seventh Amendment dated the 12th day of January, 2021, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by an Eighth Amendment dated the 12th day of December, 2021, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Ninth Amendment dated the 29th day of November, 2022, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and          WHEREAS, the Parties desire by this Tenth Amendment to further modify the scope of Services and compensation as set forth in the Original Agreement. TENTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the Parties agree as follows: 1. The Original Agreement shall be amended by the replacement in its entirety of Exhibit A (the Lease Payment Calculation), with the new Lease Payment Calculation attached hereto as Exhibit A-1, and incorporated herein by reference. 2. The Original Agreement shall be amended by the replacement in its entirety of Exhibit B (Avon Fleet Maintenance Service Rate Sheet), with the new Rate Sheet attached hereto as Exhibit B-1, and incorporated herein by reference. 3. Capitalized terms in this Tenth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Tenth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Tenth Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this tenth Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof 5. This Tenth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of page left intentionally blank]         IN WITNESS WHEREOF, the parties hereto have executed this Tenth Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ___________________ Matt Scherr, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board TOWN OF AVON By: ________________________ Eric Heil, Town Manager Attest: By: Signature _________________________ Miguel Jauregui Casanueva, Town Clerk         I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-1 LEASE PAYMENT CALCULATION LEASE RATES AND CHARGES Lease payment calculations consist of Capital, Operations and Maintenance (“O&M”), and Asset Management and will be charged as a budget neutral operation. Capital and Asset Management charges will remain fixed for the term of the Agreement. O&M costs will be audited each year and may be subject to change upon written notice by the Town of Avon no later than June 1 of any given year, which adjustment shall take effect no sooner than January 1 of the succeeding year. Eeeeee                         EXHIBIT B-1 AVON FLEET MAINTENANCE SERVICE RATE SHEET 1. Contractor Services and Hourly Rate:  ––Š‡˜‡”„ƒŽ‘”™”‹––‡”‡“—‡•–‘ˆ”ƒ•‹–ǡ˜‘ƒ›’”‘˜‹†‡”‡’ƒ‹”ƒ† ”‡’Žƒ…‡‡–™‘”ˆ‘”„—•‡•Ǥ ‘”ƒ›•—…Š”‡’ƒ‹”‘””‡’Žƒ…‡‡–•‡”˜‹…‡•ǡ ™‹ŽŽ’ƒ›˜‘ƒ—‹–Š‘—”Ž›•Š‘’”ƒ–‡‘ˆ̈́ͳͳͷǤͲͲ’‡”Š‘—”ˆ‘”Ž‹‰Š–†—–› ˜‡Š‹…Ž‡•ƒ†‡“—‹’‡–ƒ†̈́ͳʹͷǤͲͲ’‡”Š‘—”ˆ‘”Š‡ƒ˜›†—–›˜‡Š‹…Ž‡•ƒ† ‡“—‹’‡–Ǥƒ–‡”‹ƒŽ•ƒ†•—„Ž‡–™‘”•ŠƒŽŽ„‡…Šƒ”‰‡†ƒ–…‘•–’Ž—•–™‡–›Ǧˆ‹˜‡ ’‡”…‡–ȋʹͷΨȌǤ 2. Fuel Rate:  ”ƒ•‹–™‹ŽŽ’ƒ›˜‘ƒ—‹–ˆ—‡Ž”ƒ–‡‘ˆ…‘•–’Ž—•̈́ͲǤͳͷȀ‰ƒŽŽ‘Ǥ   3. Warranty:  ‘–”ƒ…–‘”™‹ŽŽ’‡”ˆ‘”ƒŽŽ•‡”˜‹…‡•‹ƒ’”‘’–ǡ‡ˆˆ‹…‹‡–ƒ†™‘”ƒŽ‹‡ ƒ‡”Ǥ‘–”ƒ…–‘”•ŠƒŽŽ’”‘’–Ž›…‘””‡…–ƒ›†‡ˆ‡…–‹˜‡™‘”ǤŠ‹• ™ƒ””ƒ–›•ŠƒŽŽ„‡‹Ž‹‡—‘ˆƒŽŽ‘–Š‡”™ƒ””ƒ–‹‡•ǡ‡š’”‡••‘”‹’Ž‹‡†Ǥ ‘–”ƒ…–‘”̵••‘Ž‡Ž‹ƒ„‹Ž‹–›Š‡”‡—†‡”ǡ™Š‡–Š‡”‹–‘”–‘”‹…‘–”ƒ…–ǡ‹• ‡š’”‡••Ž›Ž‹‹–‡†–‘–Š‡™ƒ””ƒ–›’”‘˜‹†‡†ˆ‘”Š‡”‡‹Ǥ