11-28-2007 EAGLE RIVER FIRE PROTECTION DISTRICT SERVICE AGREEMENTERVICE REEMENT
Q
This agreement is made and entered into thi day of O V , 2007 by and between Eagle River Fire Protection
District whose address is P.O. Box 7980, Avon Colorado, 81 20 (hereafter know as "ERFPD") 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 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 29 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 $100.00 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
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, 2008 and will terminate
on December 31, 2008 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,
modification, or ter 'nation is sought.
EXECUTED th;day of V , 2007.
Eagle 7 r Fir , o e ion District
By:
9L i
EXECUT~ this day of 2007. O~
TOWN /OF
+ -64
By: C
EXHIBIT A
WORK,
FREQUENCY RATE
"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.
0
Cl~
lf~
0
0
N
Ln
r•~
N
cu
V
L
N`
L
0
T
a1
C
H
C
N
E
Q
•r
0-
W
i.+
C Q
C~ M
yC
L _O
O
U1 O
Q V-
N
N
O
N
L C ly
u L
In In f-0
V
V
J
a
J
V
'J
o_
=
o_
2
a_
2
D_
J
d
J
d
2
D_
2
d
J
3
2
V
S
V'
J
C
2
F-
J
o_
2
F-
2
o_
2
V
J
V
J
D_
o-
=
d
=
o_
2
o_
2
V
J
V1
~
V
J
V
2
C
0
Vl
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
al
N
r-
V ,
J
p
Q
Y
X
Y
r)
O
IL
-
p
Q
rr
w
p
Q
p
Q
E
}
lD
a)
lD
N
p
Q
p
Q
i
W
H
S
m
m
-It
m
p
L
Q
p
W
Q
p
L
Q
p
L
Q
p
L
Q
o
g
W
p
L
Q
3
m
Z
f-
r-
01
p
L
Q
E
w
F-
E
w
F-
E
w
F-
E
E
0
H
p
L
Q
p
L
Q
r
w
E
w
Q
\
Z
X
>
p
-
w
t(1
N
l
l0
lD
V
V
Y
r
'.al
--a
0...
f
Z
Q
co
w
p
m
O
N
X
O
Z
=D
d
W
O
x
'Q
F-
O
Z
Q
2
d
F
O
Z
Q
-O
d
D_'
p
N
2
Vl
Q
p
w
O
u-i
V
W
w
H
O
m
M
LL
O
O
O
w
F-
V
O
F-
Z
Q
2
C(
O
Ln
Ul
i
LL
Q
~
N
J
LL
V
O
O
V1
M
W
O
2
Q
I--
)
2
O
o
Ul
N
O
O
-i
V)
~
O
F-
Z
Q
2
d
3
F-
M
V
N
Y
2
m
Q
p
W
O
2
Q
f--
p
O
O
'
vi
N
Y
O
n
LL
2
Ul
Q
p
2
V1
Q
p
2
Vl
Q
p
w
5
V
O
CZ)
m
cf
w
K
O
J
a
x
W
r
C
w
N
Q
J
00'
p
V
O
o
V
M
.
,
.Y
-
F
a.+
v
O
>
w
L
V
aj
r✓
O
L
>
0)
L
V
F-
w
J
O
D_'
>
W
2
V
W
V
Or
W
I--i
0_
W
U
C
W
r
d
W
V
C
w
H
d
p
w
O
LL
O
w
O
LL
p
w
O
LL
W
U
0_'
w
~--i
W
p
w
O
w
W
U
a'
w
d
U
x
LO
(V
O
L
>
aJ
S
V
a,
(V
r✓
O
L
>
v
L
V
Z
W
2
d
t-
O
Ln
W
l.J
K
w
-
d
Y
¢
J
O
Q
2
W
V
C'
w
H
d
w
J
O
>
W
S
V
w
J
O
>
w
S
V
p
D_'
O
LL
W
U
CC
w
d.
W
U
Of
w
F-i
0_
w
U
w
W
O_
F-
Q
Z
d'
w
f-
Z
O
w
O
LL
~
a
r
O
L
>
w
L
V
v
0
L
>
aJ
L
V
m
aJ
M
m
-m
Ln
O
o
N
1-
o
0
N
O
0
0
N
O
0
o
N
w
w
m
m
m
m
v1
00
m
.-i
to
00
m
O
o
N
o
o
00
m
m
to
m
m
m
o
o
M
C)
o-
~
ao
m
M
o
o
00
m
m
l0
0
o
N
f-
0
0
N
~
0
0
N
N
0
0
N
n
0
o
N
N
o
C)
N
w
m
lO
m
m
ti
M
m
m
Ln
o
o
N
00
m
m
00
m
m
O
V
Q..
W
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
'O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
O
O
-
'O
O
-
O
O
a)
E
Z
C
Cl
n
tT.
N
N
M
1-
M
O
N
M
W
m
d'
N
V1
N
l0
N
00
N
m
N
O
M
M
M
M
M
V
M
vl
M
w
M
00
M
m
M
'F
o
N
lfF
O
N
1~
a
LL
C
M
N
r
N
_p
Q
p
Q
p
Q
0_'
W
w
W
w
W
w
W
0_'
W
aL
W
w
W
w
W
w
W
Of
W
0-'
W
0_'
llJ
w
W
QC
W
0_'
W
cl'
W
0_'
W
Of
W
UC
W
CC
W
w
W
K
W
0_'
W
w
W
K
W
d
LL
F-
0
0
o
O
o
0
Cl
0
0 .
0
0
0
0
O
0
O
Q
0
0
0
0
0
0
0
0
0
0
0
0
0
0
z
c
Q
e-1
06
W
Loo
DATE MILES/HRS
W.O.# VEHICLE #
PU2WD&4WD
PICK-UPS (2WD & 4 WD)
4000 MILES SERVICE
ALWAYS REFER TO VEHICLE FILE NOTES ON PREVIOUS REPAIRS
DONE AMOUNT COMMENTS
1. STEAM CLEAN ENGINE
2. CHANGE
A. Engine Oil
B. Engine oil filter
C. Air filter
D. Fuel filter
3. LUBRICATE
A. Steering link
B. Front suspension
C. Drive shaft
D. Hood latch & hinges
E. Door latch & hinges
4. CHECK FLUID LEVELS OF
A. Engine Oil
B. Transmission fluid
C. Front & differential
D. Battery
E. Transfer case (if equipped)
F. Master cylinder
G. Cluth master cylinder
H. Power steering oil
1. Windshield wash
J. Coolant level
4. CHECK THE FOLLOWING
A. Belt condition and tension
B. Water pump bearing
C. PCV valve
D. Wiper operation & blade cond
E. All lights and mirrors
F. Window operation
G. Horn operation
H. A/C operation
1. Shocks and suspension
J. Tire pressure (32 PSI)
K. Body trim
L. Interior parts
M. Seat cover condition
N. 4x4 operation ( if equipped)
0. Plow, frame & hydraulic fluid
6. COMPLETE THE FOLLOWING
A. Brake shoe measurement Base
B. Rotate tires
C. Test drive
D. Attach P. M. stickers
Comments:
DA_ Te-
W.0.
2. CHANGE _
A. Engine oil (SOS)
B. Engine oil filter
C. Air filter (if necessary)
D. Fuel filter
E. Hydraulic filter (if necessary)
F. Air compressor filter
G. External transmission filter
3. LUBRICATE
A. Steering linkage
B. Front suspension
C. Drive shaft
D. Door & hood latches & hinges
E. Dump body (if equipped)
F. Sander and plow
4. CHECK FLUID LEVELS OF
A. Engine oil
B. Rear dill. fluid
C. Front wheel hub (if equipped)
D. Transmission fluid
E. Transfer case (if equipped)
F. Master cylinder (if equipped)
G. Power steering
H. Battery
1. Coolant
J. Windshield washer
5. CHECK THE FOLLOWING
A. Belt condition and tension
B. Water pump bearing
C. PCV valve
D. Wiper operation & . blade cond.
E. All lights and mirrors
F. Window operation
G. Hom operation (Back-up alarm)
H. A/C operation
1. Shocks and suspension
J. Tire pressure (120 PSI)
K. Bodv trim
M. Seat cover condition
N. 4X4 operation (if equipped)
0. Plow, frame, & hydraulic fluid
P. P.T.O. condition and operation
Q. Sander condition and operation
R. Door operation
6. COMPLETE THE FOLLOWING
A. Brake shoe measurements (base)
Primary
Secondary
B. Rotate tires
C. Test drive
D. Attach P.M. sticker
7. RECORD COMMENTS ON BACK
l &~s
V )C- / G ~_C-
MEDUIM DUTY TRUCKS
4000 MILE SERVICE
ALWAYS REFER TO VEHICLE FILE NOTES ON PREVIOUS REPAIRS
DONE AMOUNT COMMENTS
IE
1
or Gear Oil