11-08-2005 ECO TRANSIT SERVICE AGREEMENT 11-08-2005SERVICE AGREEMENT
THIS AGREEMENT is entered into the 5t- day of ` (~~~'l~
L9- ,
2005
between Board of County Commissioners of Eagle County acting through the Eagle County
Regional Transportation Authority and doing business as ECO Transit ("ECO") and Town of Avon
("Avon");
IT IS AGREED as follows:
1. Services. During the term of this Agreement, Avon will provide the following
services:
(a) Parking of up to 9 buses at a charge of $100 per month per bus.
(b) Fuel at budgeted cost including a 10% (ten percent) mark up.
(c) Repair and maintenance, as requested by ECO, at a charge of $90.00 per
man hour starting January 1, 2006. Bus washing charges at a rate of $45.00
per bus. No payment for any repair or maintenance shall be due unless ECO
has approved of the work. Services may be commenced with verbal
approval by ECO of a written estimate submitted by Avon. Subcontractors
may perform certain repair work for which cost of the work will be charged.
Avon shall be responsible for assuring that subcontracted work is performed
promptly and in accordance with this Agreement
2. Facilities. Avon represents that its facilities are in good condition and adequately
equipped and that it has a sufficient staff to perform all work in a timely manner.
3. Billing for Services. An invoice will be issued by the tenth day of each month for
services performed during the previous month. Payment is due within thirty days of
receipt of the invoice.
4. Term and Termination. This Agreement will become run from December 1,
2005, through May 15, 2006, unless sooner terminated in accordance with this
Agreement. The parties desire to implement this Agreement as soon as possible.
The signatories have the authority to bind Avon and ECO to the terms and
conditions of this Agreement. However, continuation of this Agreement is
contingent upon the subsequent ratification of the same by Avon council action and
by board action of both the ECO Board and the Board of County Commissioners of
Eagle County at their next regularly scheduled meeting. In the event of breach of
this Agreement by either party, the other party may terminate this Agreement upon
seven days written notice unless the breach is cured within the seven day period.
Either party may terminate this Agreement without cause on thirty days written
notice.
5. Relationship of the Parties. The relationship between the parties is that of
independent contractor, and nothing herein shall be deemed or construed as creating
a relationship of principal and agent, partnership or joint venture. Avon shall be
solely responsible for payroll withholding and payment of taxes as well as payment
of unemployment compensation and other employment related benefits.
6. Warranty. Avon will promptly correct any defective work appearing within one
year after services are performed. This warranty shall be in lieu of all other
warranties, express or implied. Avon's sole liability hereunder, whether in tort or in
contract, is expressly limited to the warranty provided for herein.
SIGNED the day of a L~ , 2005.
TOWN OF AVON
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By: Q ,5
-.=may
a.
EAGLE COUNTY REGIONAL TRANSPORTATIONAUTHORITY
By:
SERVICE AGREEMENT
THIS AGREEMENT is entered into the 81- day of 2005
between Board of County Commissioners of Eagle County acting through the Eagle County
Regional Transportation Authority and doing business as ECO Transit ("ECO") and Town of Avon
("Avon");
IT IS AGREED as follows:
1. Services. During the tenn of this Agreement, Avon will provide the following
services:
(a) Parking of up to 9 buses at a charge of $100 per month per bus.
(b) Fuel at budgeted cost including a 10% (ten percent) mark up.
(c) Repair and maintenance, as requested by ECO, at a charge of $90.00 per
man hour starting January 1, 2006. Bus washing charges at a rate of $45.00
per bus. No payment for any repair or maintenance shall be due unless ECO
has approved of the work. Services may be commenced with verbal
approval by ECO of a written estimate submitted by Avon. Subcontractors
may perfonn certain repair work for which cost of the work will be charged.
Avon shall be responsible for assuring that subcontracted work is performed
promptly and in accordance with this Agreement
2. Facilities. Avon.represents that its facilities are in good condition and adequately
equipped and that it has a sufficient staff to perform all work in a timely manner.
3. Billing for Services. An invoice will be issued by the tenth day of each month for
services performed during the previous month. Payment is due within thirty days of
receipt of the invoice.
4. Term and Termination. This Agreement will become run from December 1,
2005, through May 15, 2006, unless sooner terminated in accordance with this
Agreement. The parties desire to implement this Agreement as soon as possible.
The signatories have the authority to bind Avon and ECO to the terms and
conditions of this Agreement. However, continuation of this Agreement is
contingent upon the subsequent ratification of the same by Avon council action and
by board action of both the ECO Board and the Board of County Commissioners of
Eagle County at their next regularly scheduled meeting. In the event of breach of
this Agreement by either party, the other party may terminate this Agreement upon
seven days written notice unless the breach is cured within the seven day period.
Either party may terminate this Agreement without cause on thirty days written
notice.
5. Relationship of the Parties. The relationship between the parties is that of
independent contractor, and nothing herein shall be deemed or construed as creating
a relationship of principal and agent, partnership or joint venture. Avon shall be
solely responsible for payroll withholding and payment of taxes as well as payment
of unemployment compensation and other employment related benefits.
6. Warranty. Avon will promptly correct any defective work appearing within one
year after services are performed. This warranty shall be in lieu of all other
warranties, express or implied. Avon's sole liability hereunder, whether in tort or in
contract, is expressly limited to the warranty provided for herein.
SIGNED the $ day of a Rg- , 2005.
TOWN OF AVON
r
By:
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By:
Memo
To: The Honorable Mayor and Town Council
From: Jane Burden
Thru: Robert Reed
Date: October 20, 2005
Re: 2006 ECO Transit Winter Service Agreement
Summary:
Attached is a copy of the Agreement between the Eagle County Regional Transportation
Authority (ECO) and the Town of Avon. The Town of Avon is entering into an
agreement with ECO Transit to provide: a.) parking of up to nine buses at a charge of
$100 per bus / per month, b.) fuel for the buses at Town of Avon budgeted costs
including a 10 percent mark up, c.) repair and maintenance of said buses as requested by
ECO at a charge of $90 per man hour, commencing on December 1, 2005 and ending on
May 15, 2006.
Previous Council Action:
This agreement is the third winter agreement between the Town of Avon and ECO
Transit. Winter parking space, fuel, maintenance, and bus washing agreements for up to
10 buses have been approved for two consecutive years.
Background:
ECO Transits current facility is in Gypsum which does not allow them to switch or start
buses out for up valley routes in a timely manner. Their system incurs dead head miles,
(miles in which the bus is going to and from scheduled route service), because of this
down valley location. The Swift Gulch facility allows parking for the county bus system
at an affordable rate.
Discussion:
This agreement will allow ECO Transit to park up to 9 buses at the Town of Avon Swift
Gulch Facility for the winter season. The agreement enables ECO to start a route from a
more centralized location with the added ability to switch a bus out promptly thereby
saving ECO the cost of dead head miles. The Town of Avon is provided a source of
revenue for parking space. This agreement is part of a continuing effort to consolidate
public transportation services and keep costs to a minimum.
Financial Implications:
The Town of Avon will be paid the $100 per month plus fuel charges of cost plus ten
percent. Bus maintenance will be billed at $90 per hour with prior approval from ECO
Transit. Bus washing is $45 per wash. Average total monthly billings from the 2005
ECO Transit Summer Service Agreement were $300.
Recommendation:
Staff recommends approval of this service agreement between The Town of Avon and
ECO Transit.
Alternatives:
The agreement could not be approved. The Town of Avon would not receive the
additional revenue.
Proposed Motion:
Move to approve the 2006 ECO Transit Winter Service Agreement.
Town Manager Comments:
OV(
Commissioner Zp~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2005 -
CONCERNING RATIFICATION OF CONTINUATION OF
SERVICE AGREEMENT BETWEEN
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
AND
THE TOWN OF AVON
WHEREAS, Resolution No. 96-22 created the Eagle County Regional Transportation
Authority ("ECO") and provided for its duties and powers; and
WHEREAS, on or about November 8, 2005 the Eagle County Regional Transportation
Authority entered into an Agreement with the Town of Avon for parking, fueling, repair and
maintenance of up to nine buses.
2006.
WHEREAS, the Service Agreement term is from December 1, 2005 through May 15,
WHEREAS, continuation of the Service Agreement during the current term requires
ratification by the Eagle Board of County Commissioners and the Avon Town Council. A copy
of said Service Agreement is attached hereto as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board of County Commissioners hereby ratifies the continuation of the
Service Agreement;
THAT, the board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of
Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the day of December,
2005.
COUNTY OF EAGLE, STATE OF
M COLORADO by and Through Its
ATTEST: ° BOARD O NTY COMMISSIONERS
By:
Clerk to the Board of enconi
County Commissioners Chairman
Peter F. Runyon
Commissioner
Tom C. Stone
Commissioner
Commissioner /24&-X seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Menconi C2+7-0
-ter.
Commissioner Runyon
Commissioner Stone
This Resolution passed by vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
GABRYANVesolutionsTCO-Avon 2005.DOC
SERVICE AGREEMENT
THIS AGREEMENT is entered into the 5rl day of ` 614 alp__ 2005,
between Board of County Commissioners of Eagle County acting through the Eagle County
Regional Transportation Authority and doing business as ECO Transit ("ECO") and Town of Avon
("Avon");
IT IS AGREED as follows:
1. Services. During the tenn of this Agreement, Avon will provide the following
services:
(a) Parking of up to 9 buses at a charge of $100 per month per bus.
(b) Fuel at budgeted cost including a 10% (ten percent) mark up.
(c) Repair and maintenance, as requested by ECO, at a charge of $90.00 per
man hour starting January 1, 2006. Bus washing charges at a rate of $45.00
per bus. No payment for any repair or maintenance shall be due unless ECO
has approved of the work. Services may be commenced with verbal
approval by ECO of a written estimate submitted by Avon. Subcontractors
may perform certain repair work for which cost of the work will be charged.
Avon shall be responsible for assuring that subcontracted work is performed
promptly and in accordance with this Agreement
2. Facilities. Avon represents that its facilities are in good condition and adequately
equipped,and that it has a sufficient staff to perform all work in a timely manner.:.
3. Billing for Services. An invoice will be issued by the tenth day of each month for
services performed during the previous month. Payment is due within thirty days of
receipt of the invoice.
4. Term and Termination. This Agreement will become run from December 1,
2005, through May 15, 2006, unless sooner terminated in accordance with this
Agreement. The parties desire to implement this Agreement as soon as possible.
The signatories have the authority to bind Avon and ECO to the terms and
conditions of this Agreement. However, continuation of this Agreement is
contingent upon the subsequent ratification of the same by Avon council action and
by board action of both the ECO Board and the Board of County Commissioners of
Eagle County at their next regularly scheduled meeting. In the event of breach of
this Agreement by either party, the other party may terminate this Agreement upon
seven days written notice unless the breach is cured within the seven day period.
Either party may terminate this Agreement without cause on thirty days written
notice.
EXHIBIT
5. Relationship of the Parties. The relationship between the parties is that of
independent contractor, and nothing herein shall be deemed or construed as creating
a relationship of principal and agent, partnership or joint venture. Avon shall be
solely responsible for payroll withholding and payment of taxes as well as payment
of unemployment compensation and other employment related benefits.
6. Warranty. Avon will promptly correct any defective work appearing within one
year after services are performed. This warranty shall be in lieu of all other
warranties, express or implied. Avon's sole liability hereunder, whether in tort or in
contract, is expressly limited to the warranty provided for herein.
SIGNED the $ day of 2005.
TOWN OF AVON
7
By:-
- A
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
l~
By: