11-15-2004 ECO TRANSIT SERVICE AGREEMENT 11-15-2004SERVICE AGREEMENT
THIS AGREEMENT is entered into the l5 day of 4 U e mt ce - , 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:
1. Services: During the term of this Agreement, Avon will provide the following
services:
(a) Parking of ten (10) buses (in a plug-in space) at a charge of $100.00 per
month per bus.
(b) Fuel at its budgeted cost including a 10% (ten percent) mark-up.
(c) Repair and maintenance, as requested by ECO, at a charge of $85.00 per
man hour starting January 1, 2005. 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 November 15,
2004, through May 15, 2005, 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 f j~ relay of 2004.
B
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By:
Directo
TOWN OF AVON
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works
Date: November 3, 2004
Re: EC Regional Transportation Authority Service Agreement
Summary: Attached you will find the Service Agreement between EC Regional
Transportation Authority, doing business as ECO Transit and the Town of Avon. This
Agreement allows parking of up to ten busses at a charge of $100.00 per month, per bus, fuel
at its budgeted cost including a 10% mark up, and repair and maintenance as requested by
ECO at a charge of $85.00 per man hour.
Recommendation: Staff recommends approval of the agreement between EC
Regional Transportation Authority and the Town of Avon.
Town Manager Comments:
r,
I:\AdministrationWdmin\Council Mc1170S\COLUICII Memo CCO Scrvice Agreement Doc
SERVICE AGREEMENT
THIS AGREEMENT is entered into the 1,5 day of A)Odeoi Z Ph 52004,
between the Eagle County Regional Transportation Authority doing business as ECO
Transit ("ECO") and the 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 ten (10) buses (in a plug-in space) at a charge of $100.00 per
month per bus.
(b) Fuel at its budgeted cost including a 10% (ten percent) mark-up.
(c) Repair and maintenance, as requested by ECO, at a charge of $85.00 per
man hour starting January 1, 2005. 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 November 15,
2004, through May 15, 2005, 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.
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By: Q
Dire
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