12-11-2007 ECO TRANSIT SERVICE AGREEMENT 12-11-2007SERVICE AGREEMENT
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THIS AGREEMENT is entered into the day of Pde~ , 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 10 buses (in a plug in space) at a charge of $100 per month
per bus.
(b) Fuel at budgeted cost including ten percent mark up.
(c) Repair and maintenance, as requested by ECO, at a charge of $100.00 per
man hour. Bus washing charges at a rate of $45.00 per bus. 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 thirty days of
receipt of the invoice.
4. Term and Termination. The term of this Agreement will run from December 1,
2007, through May 15, 2008, unless sooner terminated in accordance with this
Agreement. The parties desire to implement this Agreement as soon as possible.
The signatory for ECO has the authority to bind ECO to the terms and conditions of
this Agreement. However, continuation of this Agreement is contingent upon the
subsequent ratification of the same by board action of the Board of County
Commissioners of Eagle County at their next regularly scheduled meeting. 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.
SIGNED the ) I' day of ~ucl , 2007.
TOWN OF AVON ~oWN 0 .4 By:
~OLORRDC.
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By:
eagle county regional transportation authority
November 27, 2007
Jane Burden
Avon Transit
P. O. Box 975
Avon, CO 81620
Dear Jane,
Enclosed is a signed copy of the 2008 Winter Bus Parking Service Agreement which was
approved at the Eagle County Regional Transportation Board meeting on November 21.
Please send us the final document after approval by your board.
Thanks.
Sincerely,
Janet Field
Administrative Coordinator
3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel. 9701328-3520 fax. 9701328-3539 eco@eaglecounty.us