12-14-2005 ERFPD Service AgreementSERVICE AGREEMENT
This agreement is made and entered into this �� day of b1WCjM,6dy2005 by and between Eagle River Fire Protection
District whose address is P.O. Box 7980, Avon Colorado, 81620 (hereafter know as "ERFPD") 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 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 25 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 $90.00 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 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, 2006 and will terminate
on December 31, 2006 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.
g. 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,
modific+,da�
ermina ' is sought.
EXECUTED this of 2005.
Eagle River
By:
EXECUTED this 1Qj- day of _" 2006a
TOWN AV
By:
t.
EXHIBIT A
WORK FREQUENCY ..._. RATS
"A" PM 3,000 miles or $90.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $90.00 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, 2005.
AVON BEAVER CREEK
EQUIPMENT LIST BY DEPARTMENT
Page
1
Program
FMG210
DEPARTMENT: 01
- EAGLE RIVER FIRE PROTECTION
DISTRICT
Date
12/05/05
Release
5.z
Time
15:34
--DATE--
LICENSE-
---DEPR---
--MAINT---
-YTD--
--MILES
HRS-- M
EQUIP#
YR ---MAKE---
--MODEL---
CLASS
---SERIAL NUMBER----
-ACQRD--
-NUMBER-
---COST--- --VALUE---
---LTD----
-MILES
BEG -FY
CURRNT T
110
00 PIERCE
QUANTUM
HP
4P1CT02S9YA000935
11/21/00
AFD
380000.00
0.00
45704.64
413
3387
3800 H
111
00 PIERCE
QUANTUM
HP
4PICT02SOYA000936
11/21/00
AFD E-15
380000.00
0.00
42524.00
477
3553
4030 H
112
88 PIERCE
DASH-2DR.
HP
1P9CT0lD2JA040331
01/01/80
AFD
140000.00
0.00
56027.92
369
713
1082 H
113
99 FORD
F450/PIERC
LP
1FDXF47F3XEB37439
03/31/00
24696YM
140000.00
0.00
7273.16
4
296
300 H
116
85 FORD
F350/PIERC
LP
IFDKF3818FPBS0360
01/01/85
AFD
35000.00
0.00
24129.55
0
64462
64462 H
117
86 FORD
CT8000
HP
1FDYD8OU7GVA03933
01/01/86
AFD
85000.00
0.00
37460.89
1503
78586
80089 M
118
90 PIERCE
DASH 4DR.
HP
4P1CT02D5MA000152
01/01/90
AFD
193500.00
0.00
96167.12
98765
6601
105366 H
119
01 PIERCE
QUANTUM
HP
4P1CT02S61AO01708
09/03/01
TEMP E-6
380000.00
0.00
39339.73
902
2340
3242 H
121
93 CHEV.
SUBURBAN
L4U
1GNGK26K2PJ367152
01/01/93
AFD
19150.00
0.00
17697.14
2195
119580
121775 M
122
95 CHEV.
S10 BLAZER
L4U
1GNDT13WBSK260319
09/01/95
588-DVX
20800.00
0.00
15776.72
3445
93958
97403 M
123
98 CHEV
BLAZER
L4U
1GNDT13WXWK224749
05/15/98
587-DVX
23164.01
0.00
9161.20
4514
51249
55763 M
124
02 FORD
F-550
LP
1FDAX57F82EC50563
07/01/02
949 -BHI
60000.00
0.00
3110.71
0
6591
6591 H
125
98 PIERCE -FL
FL112-TANK
HWT
1FV6TMDB6XHA41448
01/29/99
AFD
185000.00
0.00
10846.47
58
992
1050 H
126
95 GMC
3500 4DR
H4U
1GDHK33F3SFOO7695
11/01/95
AFD
32000.00
0.00
20847.78
0
1644
1644 H
127
98 CHEV
3500 4DR
H4U
1GBHK33F1WF062169
08/21/98
665Al2
29514.53
0.00
20615.99
186
2615
2801 H
128
03 CHEV.
TAHOE
L4U
19076
09/01/03
AFD
28000.00
0.00
7425.17
10628
19413
30041 M
129
03 CHEVROLET
250OHD
H4P
1GCHK29U33E308690
08/26/03
AFD
30000.00
0.00
3348.61
10021
14435
24456 M
130
81 SUTPHEN
TS 100+
LT
159A3KEE6B1003008
01/01/81
AFD
350000.00
0.00
30350.27
0
1469
1469 H
131
03 PIERCE
QUANTUM
HP
4P1CT02HX3AO03274
06/27/03
TEMP
380000.00
0.00
7206.20
541
816
1357 H
131T
98 HAULMARK
K714BT-WT
HT
16HPB1424WU011442
07/01/98
AFD
8000.00
0.00
164.55
0
0
0 M
132
05 CHEV
EQUINOX
L4U
2CNDL23F456099517
09/26/05
653-KXK
22000.00
0.00
448.61
15
6235
6250 M
1512
85 PIERCE
DASH
HP
E-2693
12/01/02
AFD
50000.00
0.00
15079.24
95
4383
4478 H
1520
96 NAVISTAR
4900 CREW
HP
1HTSEAANlVH402101
12/01/02
AFD
100000.00
0.00
8746.16
219
1622
1841 H
1715
78 GMC 6000
E-1 #535
HP
TCE618V573059
12/09/02
TEMP
1.00
0.00
2400.33
0
3160
3160 M
1720
93 FORD
EXPLORE
L4U
IFMDU34XOPUA46280
01/21/03
EME4711
18.65
0.00
1351.24
0
65034
65034 M
ERFPD
05 1
1
MSC
1
05/12/05
N/A
1.00
0.00
1055.65
0
0
0 M
MSCIAD
01 1
1
MSC
1
05/03/98
1
0.00
0.00
1092.69
0
0
0 M
MSCIER
01 1
1
MSC
1
05/03/98
1
0.00
0.00
30719.63
0
0
0 M
MSCIFP
01 1
1
MSC
1
05/03/98
1
0.00
0.00
528.11
0
0
0 M
MSCIPS
01 1
1
MSC
1
05/03/98
1
0.00
0.00
72.29
0
0
0 M
MSC1T
01 1
1
MSC
1
05/03/98
1
0.00
0.00
1325.33
0
0
0 M
DEPT
TOTALS:
ITEMS
31
COST
$3,071,150
DEPRECIATED VALUE
$0
MAINTENANCE (LTD)
$557,998
MTHLY CHG + INSUR.
AMT
$0
MILES DRIVEN
(YTD)
32321
HOURS DRIVEN
(YTD)
/ ITEMS 102029
/
15
OTHER METER USED
(YTD)
/ ITEMS
0 /
0