01-10-2006 ERFPD SERVICE AGREEMENTl
SERVICE AGREEMENT
This agreement is made and entered into this 14 day of 9 n,.be 2005 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 ERFPD vehicles
and equipment. Service will be performed on approximately 25 vehicles or other equipment, although
the number of vehicles and equipment serviced may be increased or decreased in ERFPD'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 ERFPD ("Repair and Replacement"). No payment for
any Repair and Replacement shall be due unless ERFPD has approved of such charges. Services
may be commenced with verbal approval by ERFPD 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. 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.
(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, ERFPD
will pay Contractor the shop rate of $90.00 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 10`n 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
ERWSD. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by ERFPD.
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 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 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 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 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,
modifica io or termi tion is sought.
EXECUTED this day o &A
Eagle R' er Fir rot Dis c
By:
EXECUTED this -clay of
TOWN AV
By: A~W C.
204.
EXHIBIT A
WOPK.;,, 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
Program
FM
G210
DEPARTMENT: 01
- EAGLE
RIVER FI
RE PROTECTION
DISTRICT
Date
12/05/05
Time
15:34
Release
S.
z
--DATE--
LICENSE-
DEPR
--MAINT
-YTD--
--MILES
HRS--
M
EQUIP#
YR
---MAKE---
--MODEL---
CLASS
---SERIAL NUMBER----
-ACQRD--
-NUMBER-
---COST-
--VALUE---
LTD -
-MILES
BEG-FY
CURRNT
T
110
00
PIERCE
QUANTUM
HP
4P1CT02S9YA000935
11/21/00
AFD
380000.
00
0.00
45704
.64
413
3387
3800
H
111
00
PIERCE
QUANTUM
HP
4P1C702SOYA000936
11/21/00
AFD E-15
380000.
00
0.00
42524
.00
477
3553
4030
H
112
88
PIERCE
DASH-2DR.
HP
1P9CTO1D2JA040331
01/01/80
AFD
140000.
00
0.00
56027
.92
369
713
1082
H
113
99
FORD
F450/PIERC
LP
IFDXF47F3XEB37439
03/31/00
24696YM
140000.
00
0.00
7273
-16
4
296
300
H
116
85
FORD
F350/PIERC
LP
IFDKF3818FPB50360
01/01/85
AFD
35000.
00
0.00
24129
.55
0
64462
64462
H
117
86
FORD
CT8000
HP
1FDYD8OU7GVA03933
01/01/86
AFD
85000.
00
0.00
37460
.89
1503
78586
80089
M
118
90
PIERCE
DASH 4DR,.
HP
4P1CT02D5MA000152
01/01/90
AFD
193500.
00
0.00
96167
.12
98765
6601
105366
H
119
01
PIERCE
QUANTUM
HP
4P1CT02S61AO01708
09/03/01
TEMP E-6
380000.
00
0.00
39339
.73
902
2340
3242
H
121
93
CHEV.
SUBURBAN
L4U
1GNGK26K2PJ367152
01/01/93
AFD
19150.
00
0.00
17697
.14
2195
119580
121775
M
122
95
CHEV.
S10 BLAZER
L4U
1GNDT13WBSK260319
09/01/95
588-DVX
20800.
00
0.00
15776
.72
3445
93958
97403
M
123
98
CHEV
BLAZER
L4U
1GNDT13WXWK224749
05/15/98
587-DVX
23164.
01
0.00
9161
.20
4514
51249
55763
M
124
02
FORD
F-550
LP
1FDAX57F82EC50563
07/01/02
949-BHI
60000.
00
0.00
3110
.71
0
6591
6591
H
125
96
PIERCE-FL
FL112-TANK
HWT
IFV6TMDB6XHA41448
01/29/99
AFD
185000.
00
0.00
10846
.47
58
992
1050
H
126
95
GMC
3500 4DR
H4U
1GDHK33F3SF007695
11/01/95
AFD
32000.
00
0.00
20847
.78
0
1644
1644
H
127
96
CHEV
3500 4DR
H4U
IGBHK33FIWFO62189
08/21/98
665A12
29514.
53
0.00
20615
.99
186
2615
2801
H
126
03
CHEV.
TAHOE
L4U
19076
09/01/03
AFD
28000.
00
0.00
7425
.17
10628
19413
30041
M
129
03
CHEVROLET
250OHD
H4P
1GCHK29U33E308690
08/26/03
AFD
30000.
00
0.00
3348
.61
10021
14435
24456
M
130
81
SUTPHEN
TS 100+
LT
159A3KEE6S1003008
01/01/81
AFD
350000.
00
0.00
30350
.27
0
1469
1469
H
131
03
PIERCE
QUANTUM
HP
4P1CT02HX3AO03274
06/27/03
TEMP
380000.
00
0.00
7206
.20
541
816
1357
H
131T
98
HAULMARK
K714BT-WT
HT
16HPB1424WU011442
07/01/98
AFD
8000
.00
0.00
164
.55
0
0
0
M
132
05
CHEV
EQUINOX
L4U
2CNDL23F456099517
09/26/05
653-KXK
22000
.00
0.00
448
-61
15
6235
6250
M
1512
85
PIERCE
DASH
HP
E-2693
12/01/02
AFD
50000
.00
0.00
15079
.24
95
4383
4478
H
1520
96
NAVISTAR
4900 CREW
HP
IHTSEAANlVH402101
12/01/02
AFD
100000
.00
0.00
8746
.16
219
1622
1841
H
1715
78
GMC 6000
E-1 #535
HP
TCE618V573059
12/09/02
TEMP
1
.00
0.00
2400
.33
0
3160
3160
M
1720
93
FORD
EXPLORE
L4U
IFMDU34XOPUA46280
01/21/03
EME4711
18
.65
0.00
1351
.24
0
65034
65034
M
ERFPD
05
1
1
MSC
1
05/12/05
N/A
1
.00
0.00
1055
.65
0
0
0
M
MSCIAD
O1
1
1
MSC
1
05/03/98
1
0
.00
0.00
1092
.69
0
0
0
M
MSCIER
O1
1
1
MSC
1
05/03/98
1
0
.00
0.00
30719
.63
0
0
0
M
MSCIFP
O1
1
1
MSC
1
05/03/98
1
0
.00
0.00
528
.11
0
0
0
M
MSCIPS
01
1
1
MSC
1
05/03/98
1
0
.00
0.00
72
.29
0
0
0
M
MSCIT
O1
1
1
MSC
1
05/03/98
1
0
.00
0.00
1325
.33
0
0
0
M
* DEPT
TOTALS:
I
TEMS
31
COST
$3,071,150
D
EPRECIATED VAL
UE
$0
MAINTENANCE (LT
D)
$557,998
MTHLY CHG + INSUR. AMT
$0
MILES DRIVEN
(YTD)
32321
HO
URS DRIVEN
(YTD)
/ ITE
MS 102029 /
15
OT
HER METER U
SED (YTD)
/ ITE
MS
0 /
0
0
SERVICE AGREEMENT
This agreement is made and entered into this /Y-4 day of ~eemk, , 2005 by and between
Western Eagle County Ambulance District whose address is P.O. Box 1809, Eagle, Colorado
(hereafter know as "WECAD") 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 WECAD 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 Western Eagle County Ambulance vehicles. Service will be performed on
approximately 5 vehicles, although the number of vehicles serviced may be
increased or decreased in WECAD'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 WECAD. No payment for any
repair or replacement work shall be due unless WECAD has approved of such
charges. Services may be commenced with verbal approval by WECAD 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. WECAD 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")
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.
Compensation: In consideration of Contractor's services during the term of this
Agreement, WECAD 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 WECAD.
Contact TOA for current wash rates. Contractor's Fueling Facilities may be used
by WECAD. 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, WECAD 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 WECAD to its employees. Contractor shall provide
WECAD 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 WECAD, 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 lrte` day of ~<rnC~t , 2005.
Western Ea u mbul ce District
By:
EXECUTED this JQ- day of 200&
TOWN OFjAVO 1~1 /
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
Program FMG210
DEPARTMENT: 16 - WESTERN EAGLE
COUNTY
AMBU
LANCE DISTRICT
Date
12/05/05
Release 5.z
Time
15:35
--DATE--
LICENSE-
---DEPR---
--MAINT
-YTD--
--MILES
HRS-- M
EQUIPR YR MAKE --MODEL---
CLASS
---SERIAL NUMBER---- -ACQRD--
-NUMBER-
---COST
--VALUE---
---LTD-
-MILES
BEG-FY
CURRNT T
800AW 99 FORD EXPEDITION
L4U
1FMPU18L1XLB40408 09/19/05
0000000
20000
.00
0.00
344
.60
62764
20000
82764 M
801AW 04 FORD EXPLORER
L4U
1FMZU72K84ZB05532 09/19/05
0000000
20000
.00
0.00
0
.00
0
20000
20000 M
802AW 03 FORD E450
AMB
1FDXE45F63HA19142 09/19/05
0000000
50000
.00
0.00
191
.60
0
20000
20000 M
803AW 03 FORD E450
AMB
1FDXE45F43HA19141 09/19/05
960-HOL
50000
.00
0.00
594
.22
16420
20000
36420 M
804AW 03 FORD E450
AMB
1FDXE45F73HA60864 09/19/05
0000000
50000
.00
0.00
760.
89
10686
20000
30686 M
MSC16 05 1 1
HMSC
1 09/19/05
1
0
.00
0.00
144
.65
0
0
0 H
' DEPT TOTALS:
ITEMS
6
COST
$190,000
DEPRECIATED VALUE
$0
MAINTENANCE (LTD)
$2,037
MTHLY CHG + INSUR. AMT
$0
MILES DRIVEN (YTD)
89870
HOURS DRIVEN (YTD)
/ ITEMS 0 /
1
OTHER METER USED (YTD)
/ ITEMS 0 /
0