12-13-2005 EAGLE COUNTY AMBULANCE DISTRICT SERVICE AGREEMENTSERVICE AGREEMENT
This agreement is made and entered into this k3! day of A~~ tb &05 by and between
Eagle County Ambulance District whose address is P.O. Box 990, Edwards, Colorado (hereafter
know as "ECAD") 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 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 $90.00 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 10th of each month for services
performed the previous month. Payment shall be remitted within ten (10) days of
receipt of invoice. Contractor's washing facilities may be used by ECAD. Contact
TOA for current wash rates. 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 percent.
4. Terms and Termination: This Agreement will be effective as of January 1, 2006
and will terminate on December 31, 2006 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 b day of 2005.
Eagle County Ambulanncee District
By: !~1i /1--7
v
EXECUTED this hJ-day 005, ~
TOWN OF O~
By:
EXHIBIT A
WORK FREQUENCY ' RATE
"A" PM 3,000 miles or $90.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $90.00 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
December 1, 2005.
AVON
BEAVER CREEK
EQUIPMENT LIST BY DEPARTMENT
Page
1
Progr
am BMG210
DEPARTMENT: 10
- EAGLE COUNTY
AMBULANCE
DISTRICT
Date
12/05/05
Relea
se 5.z
Time
15:35
--DATE--
LICENSE-
---DEPR---
--MAINT-
-YTD--
--MILES HRS-- M
EQUIP
4 YR ---MAK
E--- --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
1509.
64
0
1016
1016 M
778A
01 FORD
EXPEDITION
L4U
IFMPU16LXl LA66925
02/28/01
168-CMY
25000.
00
0.00
4353.
84
9222
30041
39263 M
779A
01 FORD
EXPEDITION
L4U
1FMPU16L81LA86924
02/28/01
169-CMY
25000.
00
0.00
4401.
77
14230
42856
57086 M
780A
03 FORD
E350
AMB
1FDWE35F33HB42189
05/05/04
EMF1771
22000.
00
0.00
12017.
96
28495
24138
52633 M
781A
05 FORD
E350
AMB
1FDWE35P15HA12813
10/27/00
876-LWX
22000.
00
0.00
22898.
16
0
8754
8754 M
732A
01 FORD
E350
AMB
1FDWE35F61HA57750
03/07/01
361-CNC
50000.
00
0.00
13749.
01
17272
86062
103334 M
783A
02 FORD
E450
AMB
1FDWE35F82HA21091
10/27/00
EMC5335
22000.
00
0.00
8379.
48
11873
45419
57292 M
784A
00 FORD
E350
AMB
1FDWE35F7YHA29756
10/27/00
745ADF
22000.
00
0.00
20549.
55
14793
126109
140902 M
785A
03 FORD
E350
AMB
1FDWE35F53HA60870
05/22/03
TEMP
75000.
00
0.00
4600.
34
20368
29326
49694 M
LYN
98 FORD
EXPLORER
L4U
IFMZU34EOWZA99891
10/27/00
EMF2190
22000.
00
0.00
1527.
05
0
68391
41912 M
MSC10
01 1
1
MSC
1
01/03/01
TEMP
0.
00
0.00
6585.
92
0
0
0 M
SRK
96 FORD
EXPLORER
L4UP
1FMDU34X7TZB32571
10/27/00
EMD4428
22000.
00
0.00
181.
55
0
66906
66908 M
" DEP
T TOTALS:
ITEMS
12
COST
$329,000
DEPRECIATED
VALUE
$0
MAINTENANCE
(LTD)
$100,755
MTHLY CHG +
INSUR. AMT
$0
MILES DRIVEN (YTD)
116253
HOURS DRI
VEN (YTD)
/ ITEMS
0 /
0
OTHER MET
ER USED (YTD)
/ ITEMS
0 /
0
Memo
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Dan Higgins, Fleet Manger
Date:
December 8, 2005
Re:
Service Agreement with Eagle County Ambulance District
Background: The Town of Avon operates fleet maintenance out of its Swift Gulch
facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with
neighboring districts.
One of our goals is to secure more third party revenue to help reduce the subsidy of our
operation.
Discussion: Attached is a one-year service agreement for 2006 between the Town and
Eagle County Ambulance District for vehicle maintenance.
Financial Implications: The agreement contains our 2006 standard price of
$90.00/hour for routine and preventive maintenance as well as repair and replacement. We
have billed ECAD 156 hours of labor @ $85/hr. ($13,270.00) to date in 2005.
Recommendation: Staff recommends approval of the one-year service agreement
with Eagle County Ambulance District. It is considered an Intergovernmental Agreement and
according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council.
Town Manager Comments:
Jy-