01-23-2007 EAGLE COUNTY AMBULANCE DISTRICT SERVICE AGREEMENT FOR VEHICLESSERVICE AGREEMENT
This agreement is made and entered into this a3 day of 2~8 by and between
Eagle County Ambulance District whose address is P.O. Box 990, ards, Colorado (hereafter
know as "ECAD") and the Town of Avon whose address i O. B 1 6, 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 12 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")
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, ECAD will pay Contractor $95.00 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, 2007
and will terminate on December 31, 2007 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 day of 2006.
Eagle County Ambulance District ; )
B <<.
Cd accl
EXECUTED this day of 2K6.
TOWN QF AYON
By:
EXHIBIT A
WORK FREQUENCY RATE
"A" PM 3,000 miles or $95.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $95.00 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, 2006.
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SERVICE AGREEMENT
700
This agreement is made and entered into this day of Q , 2ee6by and between
Eagle County Ambulance District whose address is P.O. B 990, • d ards, 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 12 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.
Compensation: In consideration of Contractor's services during the term of this
Agreement, ECAD will pay Contractor $95.00 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 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 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, 2007
and will terminate on December 31, 2007 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.
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.
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.
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 day of , 2006.
Eagle County Ambulance District
By:
4- 100-f
EXECUTED this day of 290K
TOWN QF A
By:
EXHIBIT A
WORK'
FREQUENCY
RATE
"A" PM
Preventive Maintenance
Inspection
3,000 miles or
250 hours
$95.00 hr.
Plus parts &
sublet
"Annual" every 12months $95.00 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, 2006.
6
SERVICE AGREEMENT
I t>,
This agreement is made and entered into this Ag _ day of U~ `2007 by and between Eagle County Ambulance
District whose address is P.O. Box 990, Edwards, Colorado (hereafter know as "EGAD") and the Town of Avon whose
address is P.O. Box 975, 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 12 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 $100.00 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 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 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, 2008 and will terminate
on December 31, 2008 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 day of " ( 2007.
EagI ount " fctmLk~-'
By:
EXECUTED s day of 2007.
TO "O
N D
3
EXHIBIT A
WORK
'FREQUENCY DATE
"A" PM 3,000 miles or $100.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $100.00 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, 2007.
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Memo
To: Honorable Mayor and Town Council
Thru: Lang Brooks, Town Manager
From: Dan Higgins
Date: November 7, 2007
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 2008 between the Town and
Eagle County Ambulance District for vehicle maintenance.
Financial Implications: The agreement contains our standard price of
$100.00/hour for routine and preventive maintenance as well as repair and replacement. We
billed ECAD 199 hours of labor ($18,857.00) in 2007.
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:
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