12-11-2007 BEAVER CREEK METROPOLITAN DISTRICT SERVICE AGREEMENTr
SERVICE AGREEMENT
agreement is made and entered into this]
This a
g - day of i et 2007 by and between Beaver Creek Metropolitan
District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") 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 BCMD 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 BCMD vehicles
and equipment. Service will be performed on approximately 30 vehicles and equipment, although the
number of vehicles serviced may be increased or decreased in BCMD'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 BCMD ( "Repair and Replacement "). No payment for
any Repair and Replacement shall be due unless BCMD has approved of such charges. Services
may be commenced with verbal approval by BCMD 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. BCMD 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, BCMD
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 Fueling Facilities may be used by
BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash
rates.
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 BCMD to its employees.
Contractor shall provide BCMD an original of its Form W -9 (Request for Taxpayer Identification
Number of Certification).
Page 1 of 3
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 BCMD, 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 -4 � day of vJ k 2007.
°l
Beaver Creek MetropolitanDistrict
By: `
EXECUT this day ofQ 07.
TOW OF
By:
Page 2 of 3
EXHIBIT A
"A" PM 3,000 miles or $95.00 hr.
Preventive Maintenance 250 hours
$100.00 r
Plus parts 1/1/08
Inspection sublet
"Annual" every 12months $95.00 hr.
$100.00 hr. after 1/1/08
Preventive Maintenance `Plus parts &
Inspection sublet
Page 3 of 3
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Dan Higgins OA�
Date: November 27, 2007
Re: Service Agreement with Beaver Creek Metro District Public Works
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
Beaver Creek Metro District Public Works for vehicle and equipment 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 BCMDPW 384 hours of labor ($36,525.00) in 2007.
Recommendation: Staff recommends approval of the one -year service agreement
with Beaver Creek Metro 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:
SERVICE AGREEMENT
This agreement is made and entered into this ILL% day of (C0* a2007 by and between Beaver Creek Metropolitan
District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") 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 BCMD 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 BCMD vehicles
and equipment. Service will be performed on approximately 30 vehicles and equipment, although the
number of vehicles serviced may be increased or decreased in BCMD'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 BCMD ( "Repair and Replacement "). No payment for
any Repair and Replacement shall be due unless BCMD has approved of such charges. Services
may be commenced with verbal approval by BCMD 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. BCMD 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, BCMD
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 Fueling Facilities may be used by
BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash
rates.
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 BCMD to its employees.
Contractor shall provide BCMD an original of its Form W -9 (Request for Taxpayer Identification
Number of Certification).
Page 1 of 3
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 BCMD, 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.
Beaver Creek Metropolitan District
By:
• OZ
EXECUTE is —day oQ
TOWN F
By
Page 2 of 3
EXHIBIT A
VENGY,
"A" PM 3,000 miles or $95.00 hr.
$100.00 hr after 1/1/08
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $95.00 hr.
$100.00 hr. after 1/1/08
Preventive Maintenance Plus parts &
Inspection sublet
Page 3 of 3
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Dan Higgins 011�
Date: November 27, 2007
Re: Service Agreement with Beaver Creek Metro District Public Works
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
Beaver Creek Metro District Public Works for vehicle and equipment 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 BCMDPW 384 hours of labor ($36,525.00) in 2007.
Recommendation: Staff recommends approval of the one -year service agreement
with Beaver Creek Metro 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:
SERVICE AGREEMENT
This agreement is made and entered into this _ft day oQft W2007 by and between Beaver Creek Metropolitan
District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") 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 BCMD 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 BCMD vehicles
and equipment. Service will be performed on approximately 30 vehicles and equipment, although the
number of vehicles serviced may be increased or decreased in BCMD'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 BCMD ( "Repair and Replacement "). No payment for
any Repair and Replacement shall be due unless BCMD has approved of such charges. Services
may be commenced with verbal approval by BCMD 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. BCMD 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, BCMD
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'" of each month for services performed the previous month. Payment shall be
remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by
BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash
rates.
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 parry, 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 BCMD to its employees.
Contractor shall provide BCMD an original of its Form W -9 (Request for Taxpayer Identification
Number of Certification).
Page 1 of 3
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 BCMD, 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 shalt 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.
Beaver Creek Metropolitan District
By:
By:
�OVVId
day o (,2P4
1,
Page 2 of 3
EXHIBIT A
"A" PM 3,000 miles or $95.00 hr.
$100.00 hr after 1/1/08
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $95.00 hr.
$100.00 hr, after 1/1/08
Preventive Maintenance Plus parts &
Inspection sublet
Page 3 of 3
SERVICE AGREEMENT
This agreement is made and entered into this ei day o 007 by and between Beaver Creek Metropolitan
District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") 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 BCMD 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 BCMD transit
vehicles. Service will be performed on approximately 21 buses or other vehicles, although the
number of vehicles serviced may be increased or decreased in BCMD'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 BCMD ( "Repair and Replacement "). No payment for
any Repair and Replacement shall be due unless BCMD has approved of such charges. Services
may be commenced with verbal approval by BCMD 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. BCMD 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 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.
Compensation: In consideration of Contractor's services during the term of this Agreement, BCMD
will pay Contractor the shop rate of $95.00 per hour for Routine Maintenance and Repair and
Replacement through December 31, 2007. Effective January 1, 2008 the shop rate will be $100.00
per hour. 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 Fueling Facilities may be used by
BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash
rates.
Terms and Termination: This Agreement will be effective as of October 1, 2007 and will terminate
on September 30, 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.
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 BCMD to its employees.
Contractor shall provide BCMD an original of its Form W -9 (Request for Taxpayer Identification
Number of Certification).
Page 1 of 3
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 BCMD, 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.
Beaver Cree �,Me ropolit n Distri, l'
By:
`i
EXECUT this ` day o 007.
TO N
B
Page 2 of 3
EXHIBIT A
"A" PM
Preventive Maintenance
Inspection
"Annual"
Preventive Maintenance
Inspection
3,000 miles or
250 hours
every 12months
$95.00 hr.
$100.00 hr after 1/1/08
Plus parts &
sublet
$95.00 hr.
$100.00 hr. after 1/1/08
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
September 1, 2007.
le No.
759
760
646
647
648
649
851
852
839
840
842
844
846
848
762
793
544
555
564
Updated 9 /7/2007
Beaver Creek Transit Fleet List
VIN #
1Z9B7DTS56W216159
1Z9B7DTS16W216160
1Z9B6DTS55VV216146
1 Z9B6DTS55VV216147
1Z9l36DTS55VV216148
1Z9B6DTS55VV216149
1Z9B5BSS34VV216251
1 Z9B5BSS54VV216252
15GCD2016T1087492
15GCD2012T1087493
15GCD2016T1087495
15GCD201 XT1087497
15GCD2013T1087499
15GCD2018T1087501
1 GBJ5V1 G27F419462
1 GBJ5V1 GX7F419693
1 GBJ5V1 El 5F502344
1 GBJ5V1 E75F502655
1 GBJ5V1 EX5F502164
Description
Low -floor diesel bus
Low -floor diesel bus
Low -floor diesel bus
Low -floor diesel bus
Low -floor diesel bus
Low -floor diesel bus
Low -floor diesel bus
Low -floor diesel bus
Diesel bus
Diesel bus
Diesel bus
Diesel bus
Diesel bus
Diesel bus
34 -pax gasoline bus
34 -pax gasoline bus
30 -pax gasoline bus
30 -pax gasoline bus
30 -pax gasoline bus
Page 3 of 3
Comments
2006 Optima 34'
2006 Optima 34'
2005 Optima 34'
2005 Optima 34'
2005 Optima 34'
2005 Optima 34'
2004 Optima 29'
2004 Optima 29'
1996 Gillig 40'
1996 Gillig 40'
1996 Gillig 40'
1996 Gillig 40'
1996 Gillig 40'
1996 Gillig 40'
2007 Chev C5500
2007 Chev C5500
2005 Chev C5500
2005 Chev C5500
2005 Chev C5500
ROBERTSON & MARCHETTI, P.C.
Certified Public Accountants
December 20, 2007
Town of Avon
PO Box 1726
Avon, CO 81620
Re: Service Agreement for Beaver Creek Metro District Vehicles & Equipment
Service Agreement for Beaver'Creek Metro District Transit vehicles
Enclosed are the District executed copies of the above referenced agreements between Beaver
Creek Metropolitan District and the Town of Avon. Please have the Town of Avon execute the
agreements and return a copy to the District at:
Beaver Creek Metropolitan District
PO Box 2560
Edwards, CO 81632
If you need anything further please contact me at (970) 926- 6060,Ext 3 or by email at
Kathy @rmpccpa.com.
Sincerely,
Kathy Lewensten
Account Manager
Enc
28 Second Street, Suite 213; Edwards, Colorado 81632
Phone: (970) 926 -6060; Fax (970) 926 -6040
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Dan Higgins;, )A`
Date: November 27, 2007
Re: Service Agreement with Beaver Creek Metro District (Bus System)
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
Beaver Creek Metro District for Bus 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 BCMD Bus System 1,850 hours of labor ($175,771.00) in 2007.
Recommendation: Staff recommends approval of the one -year service agreement
with Beaver Creek Metro 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:
SERVICE AGREEMENT
This agreement is made and entered into this day of� 007 by and between Beaver Creek Metropolitan
District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") 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 BCMD 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 BCMD vehicles
and equipment. Service will be performed on approximately 51 vehicles and equipment, including
approximately 21 transit buses listed in Exhibit A, although the number of vehicles serviced may be
increased or decreased in BCMD'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 BCMD ( "Repair and Replacement "). No payment for
any Repair and Replacement shall be due unless BCMD has approved of such charges. Services
may be commenced with verbal approval by BCMD 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. BCMD 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 tens of this Agreement, BCMD
will pay Contractor the shop rate of $95.00 per hour for Routine Maintenance and Repair and
Replacement through December 31, 2007. Effective January 1, 2008 the shop rate will be $100.00
per hour. 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 Fueling Facilities may be used by
BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractors cost plus ten
percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash
rates.
4. Terms and Termination: This Agreement will be effective as of October 1, 2007 and will terminate
on September 30, 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 BCMD to its employees.
Contractor shall provide BCMD 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. Contractors 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 BCMD, 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.
Beaver Creek Metropolitan District
�owN oF9� °z
EXECUT thKt\ day of�_, 07.
l
TOWN � �
By: -
c���9AU0
EXHIBIT A
"A" PM 3,000 miles or
$95.00 hr.
Comments
after 1/1/08
Preventive Maintenance 250 hours
Plus parts &
Inspection
sublet
"Annual" every 12months
$95.00 hr.
2006 Optima 34'
$100.00 hr. after 1/1/08
Preventive Maintenance
Plus parts &
Inspection
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
September 1, 2007.
Vehicle No.
Beaver Creek Transit Fleet List
VIN # Description
Comments
759
1Z9B7DTS56W216159
Low -floor diesel bus
2006 Optima 34'
760
1Z9B7DTS16W216160
Low -floor diesel bus
2006 Optima 34'
646
1Z9B6DTS55VV216146
Low -floor diesel bus
2005 Optima 34'
647
1Z9B6DTS55VV216147
Low -floor diesel bus
2005 Optima 34'
648
1Z9B6DTS55VV216148
Low -floor diesel bus
2005 Optima 34'
649
1Z9B6DTS55VV216149
Low -floor diesel bus
2005 Optima 34'
851
1Z9B5BSS34VV216251
Low -floor diesel bus
2004 Optima 29'
852
1Z9B5BSS54VV216252
Low -floor diesel bus
2004 Optima 29'
839
15GCD2016T1087492
Diesel bus
1996 Gillig 40'
840
15GCD2012T1087493
Diesel bus
1996 Gillig 40'
842
15GCD2016T1087495
Diesel bus
1996 Gillig 40'
844
15GCD201XT1087497
Diesel bus
1996 Gillig 40'
846
15GCD2013T1087499
Diesel bus
1996 Gillig 40'
848
15GCD2018T1087501
Diesel bus
1996 Gillig 40'
762
1GBJ5V1G27F419462
34 -pax gasoline bus
2007 Chev C5500
793
1GBJ5V1GX7F419693
34 -pax gasoline bus
2007 Chev C5500
544
1 GBJ5V1 E15F502344
30 -pax gasoline bus
2005 Chev C5500
555
1 GBJ5V1 E75F502655
30 -pax gasoline bus
2005 Chev C5500
564
1GBJ5V1EX5F502164
30 -pax gasoline bus
2005 Chev C5500
UpUGICU W / /LUU /
Formatted: Font: Times New
Roman, 12 pt
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Dan Higgins, A
Date: November 27, 2007
Re: Service Agreement with Beaver Creek Metro District (Bus System)
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
Beaver Creek Metro District for Bus 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 BCMD Bus System 1,850 hours of labor ($175,771.00) in 2007.
Recommendation: Staff recommends approval of the one -year service agreement
with Beaver Creek Metro 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:
SERVICE AGREEMENT
This agreement is made and entered into this day of 007 by and between Beaver Creek Metropolitan
District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD ") 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 BCMD 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 BCMD vehicles
and equipment. Service will be performed on approximately 51 vehicles and equipment, including
approximately 21 transit buses listed in Exhibit A, although the number of vehicles serviced may be
increased or decreased in BCMD'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 BCMD ( "Repair and Replacement "). No payment for
any Repair and Replacement shall be due unless BCMD has approved of such charges. Services
may be commenced with verbal approval by BCMD. 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. BCMD 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, BCMD
will pay Contractor the shop rate of $95.00 per hour for Routine Maintenance and Repair and
Replacement through December 31, 2007, Effective January 1, 2008 the shop rate will be $100.00
per hour. 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 Fueling Facilities may be used by
BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash
rates.
4. Terms and Termination: This Agreement will be effective as of October 1, 2007 and will terminate
on September 30, 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 BCMD to its employees.
Contractor shall provide BCMD 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 BCMD, 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.
Beaver Creek Metropolitan District
-� �t�
EXECUT this �� day of 07.
o s.�
TOWN
By ��� �
EXHIBIT A
"A" PM 3,000 miles or
$95.00 hr.
Comments
$100.00 hr after 1/1/08
Preventive Maintenance 250 hours
Plus parts &
Inspection
sublet
"Annual" every 12months
$95.00 hr.
2006 Optima 34'
$100.00 hr. after 1/1/08
Preventive Maintenance
Plus parts &
Inspection
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
September 1, 2007.
Vehicle No.
Beaver Creek Transit Fleet List
VIN # Description
Comments
759
1Z9B7DTS56W216159
Low -floor diesel bus
2006 Optima 34'
760
1Z9B7DTS16W216160
Low -floor diesel bus
2006 Optima 34'
646
1Z9B6DTS55W216146
Low -floor diesel bus
2005 Optima 34'
647
1Z9B6DTS55W216147
Low -floor diesel bus
2005 Optima 34'
648
1Z9B6DTS55W216148
Low -floor diesel bus
2005 Optima 34'
649
1Z9B6DTS55W216149
Low -floor diesel bus
2005 Optima 34'
851
1Z9l35BSS34W216251
Low -floor diesel bus
2004 Optima 29'
852
1Z9B5BSS54W216252
Low -floor diesel bus
2004 Optima 29'
839
15GCD2016T1087492
Diesel bus
1996 Gillig 40'
840
15GCD2012T1087493
Diesel bus
1996 Gillig 40'
842
15GCD2016T1087495
Diesel bus
1996 Gillig 40'
844
15GCD201XT1087497
Diesel bus
1996 Gillig 40'
846
15GCD2013T1087499
Diesel bus
1996 Gillig 40'
848
15GCD2018T1087501
Diesel bus
1996 Gillig 40'
762
1GBJ5V1G27F419462
34 -pax gasoline bus
2007 Chev C5500
793
1 GBJ5V1 GX7F419693
34 -pax gasoline bus
2007 Chev C5500
544
1GBJ5V1E15F502344
30 -pax gasoline bus
2005 Chev C5500
555
1 GBJ5V1 E75F502655
30 -pax gasoline bus
2005 Chev C5500
564
1 GBJ5V1 EX5F502164
30 -pax gasoline bus
2005 Chev C5500
upaatea w Ilzou i
F Font: Times New
Roman, 12 t