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06-17-2004 ECO TRANSIT SERVICE AGREEMENT 06-17-2004SERVICE AGREEMENT 4 THIS AGREEMENT is entered into the day of G~-~-- , 2004, between the Eagle County Regional Transportation Authority Join business as ECO Transit ("BCO") and the Town of Avon ("Avon"): IT IS AGREED as follows: Services: During the term of this Agreement, Avon will provide the following services: (a) Parking of one bus (in a plug-in space) at a charge of $100.00 per month per bus. (b) Fuel at its budgeted cost including $0.10 (ten cent) mark-up. (c) Repair and maintenance, as requested by ECO, at a charge of $80.00 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 suf E-_iont staff to perform all work in a timely manner. 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 May 1, 2004, through December 1, 2004, 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 ECO Board and 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 in contract, is expressly limited to the warranty provided for herein. SIGNED the~'%tlay of , 2004. TOWN OF AVON EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY ,z . , I By: Chairma • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Bob Reed, Director of Public Works Date: May 19, 2004 Re: Parking Agreement with ECO Summary: Attached is an agreement with ECO Transit to allow them to park a bus at the Swift Gulch Maintenance Facility through November 2004, at a cost of $100.00 per month. IS Discussion: If you recall, the Town of Avon and ECO Transit worked under a similar agreement through the winter season that allowed parking up to ten buses. ECO's summer demands are such that only one bus is needed for emergencies. Recommendation: Staff recommends approval of the agreement. Town Manager Comments: q 0 Documentl 4 trans%T eagle county regional transportation authole May 14, 2004 Larry Brooks Avon Town Manager PO Box 975 Avon, CO 81620 Dear Larry: Attached you will find two copies of the Service Agreement requesting to park one ECO bus at • the Swift Gulch Facility from May 1, 2004 through December 1, 2004. We will utilize this bus for emergencies (switch outs) should they occur over the summer months. This request represents an extension of the Service Agreement between the Town of Avon and ECO Transit over the past winter season. We feel the past service agreement was a success and look forward to discussing this service for the coming winter. Thank You. Sincerely, Harry N. Taylor, ECO Transit Director /am 3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 Phone: 970-328-3520 Fax: 970-328-3539 • eco(aeaglecounty. us 3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel: 9701328-3520 fax: 9701328-3539 eco@eagle-county.com SERVICE AGREEMENT THIS AGREEMENT is entered into the day of , 2004, between the Eagle County Regional Transportation Authority doing business as ECO Transit ("ECO") and the Town of Avon ("Avon"): IT IS AGREED as follows: Services: During the term of this Agreement, Avon will provide the following services: (a) Parking of one bus (in a plug-in space) at a charge of $100.00 per month per bus. (b) Fuel at its budgeted cost including $0.10 (ten cent) mark-up. (c) Repair and maintenance, as requested by ECO, at a charge of $80.00 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 thirty days of receipt of the invoice. 4. Term and Termination: The term of this Agreement will run from May 1, 2004, through December 1, 2004, 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 ECO Board and 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. 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 in contract, is expressly limited to the warranty provided for herein. SIGNED the day of , 2004. TOWN OF AVON By: Town Manager EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY • By: Chairman n LJ SERVICE AGREEMENT THIS AGREEMENT is entered into the 17 day of a -e , 2004, between the Eagle County Regional Transportation Authority doin business as ECO Transit ("ECO") and the Town of Avon ("Avon"): IT IS AGREED as follows: Services: During the term of this Agreement, Avon will provide the following services: (a) Parking of one bus (in a plug-in space) at a charge of $100.00 per month per bus. (b) Fuel at its budgeted cost including $0.10 (ten cent) mark-up. (c) Repair and maintenance, as requested by ECO, at a charge of $80.00 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. 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 May 1, 2004, through December 1, 2004, 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 ECO Board and 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 in contract, is expressly limited to the warranty provided for herein. SIGNED the.,,Z6%d~ y of 12004. TOWN OF AVON EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY By: ~ (2 Chairma Message Patty McKenny From: John Dunn Uwd@dunncausey.com] Sent: Tuesday, November 02, 2004 11:01 AM To: Larry Brooks; Patty McKenny Subject: FW: 3d Amendment -----Original Message----- From: Ayers, Munsey L. [mailto:MUNSEY@OJRNR.COM] Sent: Monday, November 01, 2004 11:03 AM To: John Dunn Cc: magnuslindholm@traercreek.com; da n lea ry@traercreek.com; dsisneros@mcgeadysisneros.com Subject: RE: 3d Amendment Page 1 of 2 John Darlene, Magnus, Dan and I had a conference call on Friday afternoon with Steve Jeffers. Darlene and Steve are working to get the Bank's sign off on the 3rd amendment. We don't anticipate any substantive issues, of course, but it may still take another couple of weeks before we get that authorization and return the signed agreement to you. I'll keep you informed as I get any additional information. You might pass this along to Patty McKenny I believe that she called Traer's office this morning to inquire about the status. Hope all's well, and I'll be in touch. Thanks, Munsey -----Original Message----- From: John Dunn [mailto:jwd@dunncausey.com] Sent: Wednesday, October 27, 2004 10:44 AM To: Ayers, Munsey L. Subject: RE: 3d Amendment Thanks -----Original Message----- From: Ayers, Munsey L. [mailto:MUNSEY@OJRNR.COM] Sent: Wednesday, October 27, 2004 9:32 AM To: John Dunn Cc: Larry Brooks; magnuslindholm@traercreek.com; danleary@traercreek.com; dsisneros@mcgeadysisneros.com Subject: RE: 3d Amendment Good news. I need to talk to Darlene about the status of the Bank's approval and to determine whether the District Board needs to take some formal action to authorize execution of the document, etc. I'll get back to you as quickly as I'm able. Munsey -----Original Message----- From: John Dunn [mailto:jwd@dunncausey.com] Sent: Wednesday, October 27, 2004 10:09 AM To: Ayers, Munsey L. Cc: Larry Brooks Subject: 3d Amendment 11/8/2004 Message Page 2 of 2 Munsey, Council approved the ordinance on second reading last night. Please let me know what steps we need to take to have it signed and to catch up on payments from 7/1. Thanks. John 11/8/2004