09-13-2005 TOWN OF MINTURN SERVICE AGREEMENTSERVICE AGREEMENT
This agreement is made and entered into this \~Xt day of ~~`p 0 5 by and between the Town of Mintum whose
address is P.O. Box 309, Mintum Colorado, 81645 (hereafter know as "TOM") 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 TOM 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 TOM vehicles and
equipment. Service will be performed on approximately 10 vehicles and 10 pieces of equipment,
although the number of vehicles and equipment serviced may be increased or decreased in TOM's
sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75
without the approval of Contractor. 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 TOM ("Repair and Replacement"). No payment for
any Repair and Replacement shall be due unless TOM has approved of such charges. Services may
be commenced with verbal approval by TOM of a written estimate submitted by Contractor. Repair
and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs
and any other work or repairs exceeding $2,000.00. TOM 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 its 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, TOM
will pay Contractor the shop rate of $85.00 per hour for Routine Maintenance and Repair and
Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be
issued by the 100 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
TOM. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
percent.
4. Terms and Termination: This Agreement will be effective as of July15, 2005 and will terminate on
December 31, 2005 unless either party fails to substantially perform the duties and obligations in
accordance herewith. In such an event, the other party may terminate this Agreement upon seven
(7) days written notice to that party, unless that party 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 panties 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 TOM to its employees.
Contractor shall provide TOM 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 and workmanlike manner.
Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other
warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is
expressly limited to the warranty provided for herein.
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 TOM, 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.
``URjU A
EXECUTED this LAy of , 2005. • fir,
Town of Minturn
1 I.vJ
By:
EXECUTED this Hay of 5`-Lr , 1 44
TOWN ON
By-
~•k
EXHIBIT A
FREdrutNC f RAT
"A" PM 3,000 miles or $85.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection 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
July 15, 2005
Vehicle Inventory
Police 2005 Chevy Blazer
1.00
2000 Dodge Dakota
1.00
2002 Chevy Impala
1.00
Public Works 2005 Bob Cat 873G
1.00
2004 Ford F350 Extended Cab
1.00
2004 Ford F350 2-door
1.00
1995 Caterpiller IT 38F
1.00
TOWN OF NIINTURN, COLORADO
ORDINANCE NO. 18 - SERIES 2005
AN ORDINANCE AUTHORIZING THE MAYOR OF THE
TOWN OF MINTURN TO SIGN AN
INTERGOVERNMENTAL SERVICE AGREEMENT
BETWEEN THE TOWN OF AVON GOVERNMENT AND
THE TOWN OF MINTURN CONTRACTING FOR
VEHICLE AND HEAVY EQUIPMENT MAINTENANCE
AND REPAIR SERVICES FOR THE TOWN OF NIINTURN,
COLORADO.
WHEREAS, The Town of Minturn desires The Town of Avon, Colorado to
vehicle maintenance and repair services on a contractual basis; and
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF MINTURN, COLORADO:
SECTION 1. The Mayor is authorized to sign an agreement, and such other
documents as are reasonably necessary, with the Town of Avon, Colorado.
SECTION 2. This Ordinance shall not take effect until the agreement is signed
by the representatives of all the necessary parties thereto.
SECTION 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for nay reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
SECTION 4. The Town Council hereby finds, determines and declares that this
Ordinance is necessary and proper for the health, safety and welfare of the Town of Minturn and
the inhabitants thereof.
SECTION 5. The repeal or the repeal and reenactment of any provisions of the
Minturn Municipal Code as provided in this ordinance shall not affect any right with has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under or by virtue of
the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
INTRODUCED, READ BY TITLE, APPROVED ON THE FIRST READING AND
ORDERED PUBLISHED IN FULL THE 3RD DAY OF AUGUST, 2005. The I7~ day of
AUGUST, 2005, AT 7:00 p.m. AT THE TOWN HALL 302 PINE STREET,
MINTURN COLORADO 81645 IS SET FOR PUBLIC HEARING HEREON.
TOWN OF MINTURN
By: c 77 /~/7,1 Z_""
ayor
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ATTEST: -
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Clerk vkrv, ' '"4
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. THE TOWN OF MINTURN, COLORADO, ORDAINS THIS ORDINANCE
EN/ACTED AND ORDERED P7LISHED BY TITLE ONLY ON SECOND READING THIS
DAY OF f- , 200&
ATTEST:
T
ayor
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