02-28-2006 TOWN OF MINTURN SERVICE AGREEMENTSERVICE AGREEMENT
This agreement is made and entered into this W " day of 200~by and between the Town of Minturn whose
address is P.O. Box 309, Minturn Colorado, 81645 (hereafter now 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 equipme; t serviced may be increased or decreased in TOM's
sole discretion; provided, the combined number of vehicles and equipment shali 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 $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`h 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
TOM. Contact TOA for current wash rates. 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 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 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 ciherwise 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 day of 2005.
Town of Minturn
By: f VVf1~'
EXECUTED'th L- y of ~ ~°P'. 1 (a
TOW WO
By: /
h~Ct1NJ v
1'904
d'P
`Sl
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: 15 - TOWN
OF MINTURN
Date
12/05/05
Release 5.z
Time
15:35
--DATE--
LICENSE-
---DEPR
--MAINT-
-YTD--
--MILES
HRS--
M
EQUIPS YR ---MAKE--- --MODEL---
CLASS
---SERIAL NUMBER---- -ACQRD--
-NUMBER-
-COST-
--VALUE
---LTD--
-MILES
BEG-FY
CURRNT
T
144M 92 KENWORTH T600AII
HTD
IXKAD69XONS 11/23/05
769-BFE
5000.
00
0
.00
4839.
82
1
896000
696001
M
1M 85 INT DT
HTD
1HTZPJ3ROFHA21661 09/27/05
650A12
5000.
00
0
.00
10119.
63
0
5586
5586
H
2M 01 CHEV IMPALA
L2A
2GIWFSSK919255116 10/03/05
964-AVK
5000.
00
0
.00
622.
93
1
50526
50527
M
3M 04 FORD F350 DUAL
HTS
1FTWF33PX4EC60014 11/09/05
978-AVK
20000.
00
0
.00
371.
60
1
13008
13009
M
4M 00 DODGE DURANGO
L4UP
124HS28NXYF255768 11/22/05
953-AVK
20000.
00
0
.00
316.
56
0
43306
43306
M
964M 01 CHEV IMPALA
L2A
2G1WF55K919255116 10/03/05
5000.
00
0
.00
0.
00
0
50526
50526
M
MIN 05 TOM 1
HMSC
TOWN OF MINTURN 10/24/05
N/A
0.
00
0
.00
208-
25
0
0
0
M
MSC15 05 1 1
HMSC
1 08/31/05
1
0.
00
0
.00
464.
15
0
0
0
H
DEPT TOTALS:
ITEMS
8
COST
$60,000
DEPRECIATED VALUE
$0
MAINTENANCE (LTD)
$16,944
MTHLY CHG + INSUR. AMT
$0
MILES DRIVEN (YTD)
3
HOURS DRIVEN (YTD)
/ ITEMS 0 /
2
OTHER METER USED (YTD)
/ ITEMS 0 /
0
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Dan Higgins
Date: February 15, 2006
Re: Service Agreement with the Town of Minturn
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
the Town of Minturn for vehicle maintenance.
Financial Implications: The agreement contains our standard price of
$90.00/hour for routine and preventive maintenance as well as repair and replacement. We
have billed T.O.M. 61 hours of labor ($5,188.00) in 2005. We started doing their maintenance
in September 2005.
Recommendation: Staff recommends approval of the one-year service agreement
with Eagle County Ambulance District. It is considered an Intergovenunental 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: