04-23-2007 ECO TRANSIT SUMMER AGREEMENT TO PARK BUSESMemo
To: The Honorable Mayor and Town Council
From: Robert Reed, Director of Transportation & Public Works
Jane Burden, Transportation Superintendent
Thru: Larry Brooks, Town Manager
Date: April 23, 2007
Re: 2007 ECO Transit Summer 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 two buses at a charge of
$100 per bus / per month, b.) fuel for the buses at Town of Avon actual costs including a
10 percent mark up, c.) repair and maintenance of said bus as requested by ECO at a
charge of $95 per man hour, commencing on May 15, 2007 and ending on December 1,
2007.
Previous Council Action:
This agreement is the fourth summer agreement between the Town of Avon and ECO
Transit. Winter parking space, fuel, maintenance, and bus washing agreements for up to
l 0 buses have been approved for four consecutive years. The summer parking space
rental agreement is a down size from ten bus rental spaces in the winter to two rental
spaces for the summer.
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 has some excess parking affording the
Town an opportunity to rent this excess space.
Discussion:
This agreement will allow ECO Transit to park two buses at the Town of Avon Swift
Gulch Facility for the summer 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 that otherwise might not be used. This agreement is part of a
continuing county wide effort to consolidate public transportation services and keep costs
to a minimum.
Financial Implications:
The Town of Avon will be paid the $200 per month plus fuel charges of cost plus ten
percent. Bus maintenance will be billed at $95 per hour with prior approval from ECO
Transit. Bus washing is $45 per wash. Average total monthly billings from the 2006
ECO Transit Summer Service Agreement were $700.
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 2007 ECO Transit Summer Service Agreement.
Town Manager Comments:
I-
SERVICE AGREEMENT
THIS AGREEMENT is entered into the day of May , 2007,
between Board of County Commissioners of Eagle County acting through the Eagle County
Regional Transportation Authority 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 2 buses (in a plug in space) at a charge of $100 per month
per bus.
(b) Fuel at actual cost including ten percent mark up.
(c) Repair and maintenance, as requested by ECO, at a charge of $95.00 per
man hour. 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.
I 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 ten days of
receipt of the invoice.
4. Term and Termination. The term of this Agreement will run from May 15, 2007,
through December 1, 2007, 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 Board of County Commissioners of Eagle County at
their next regularly scheduled meetings. In the event of breach of tills 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 creatinc,
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 , 2007.
TOWN OF AVON
By:
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By: