05-08-2007 ECO TRANSIT SERVICE AGREEMENT 05-08-2007SERVICE AGREEMENT
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THIS AGREEMENT is entered into the 6 ' day of May 12007,
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.
3. 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 this 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 creating
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.
11
SIGNED the V
TO
By
day of , 2007.
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By: