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11-08-2005 ECO TRANSIT SERVICE AGREEMENT 11-08-2005SERVICE AGREEMENT THIS AGREEMENT is entered into the 5t- day of ` (~~~'l~ L9- , 2005 between Board of County Commissioners of Eagle County acting through the Eagle County Regional Transportation Authority and 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 9 buses at a charge of $100 per month per bus. (b) Fuel at budgeted cost including a 10% (ten percent) mark up. (c) Repair and maintenance, as requested by ECO, at a charge of $90.00 per man hour starting January 1, 2006. 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. This Agreement will become run from December 1, 2005, through May 15, 2006, 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 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 day of a L~ , 2005. TOWN OF AVON I zl~ r'f 1 By: Q ,5 -.=may a. EAGLE COUNTY REGIONAL TRANSPORTATIONAUTHORITY By: SERVICE AGREEMENT THIS AGREEMENT is entered into the 81- day of 2005 between Board of County Commissioners of Eagle County acting through the Eagle County Regional Transportation Authority and doing business as ECO Transit ("ECO") and Town of Avon ("Avon"); IT IS AGREED as follows: 1. Services. During the tenn of this Agreement, Avon will provide the following services: (a) Parking of up to 9 buses at a charge of $100 per month per bus. (b) Fuel at budgeted cost including a 10% (ten percent) mark up. (c) Repair and maintenance, as requested by ECO, at a charge of $90.00 per man hour starting January 1, 2006. 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 perfonn 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. This Agreement will become run from December 1, 2005, through May 15, 2006, 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 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 $ day of a Rg- , 2005. TOWN OF AVON r By: EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY By: Memo To: The Honorable Mayor and Town Council From: Jane Burden Thru: Robert Reed Date: October 20, 2005 Re: 2006 ECO Transit Winter Service Agreement Summary: Attached is a copy of the Agreement between the Eagle County Regional Transportation Authority (ECO) and the Town of Avon. The Town of Avon is entering into an agreement with ECO Transit to provide: a.) parking of up to nine buses at a charge of $100 per bus / per month, b.) fuel for the buses at Town of Avon budgeted costs including a 10 percent mark up, c.) repair and maintenance of said buses as requested by ECO at a charge of $90 per man hour, commencing on December 1, 2005 and ending on May 15, 2006. Previous Council Action: This agreement is the third winter agreement between the Town of Avon and ECO Transit. Winter parking space, fuel, maintenance, and bus washing agreements for up to 10 buses have been approved for two consecutive years. Background: ECO Transits current facility is in Gypsum which does not allow them to switch or start buses out for up valley routes in a timely manner. Their system incurs dead head miles, (miles in which the bus is going to and from scheduled route service), because of this down valley location. The Swift Gulch facility allows parking for the county bus system at an affordable rate. Discussion: This agreement will allow ECO Transit to park up to 9 buses at the Town of Avon Swift Gulch Facility for the winter season. The agreement enables ECO to start a route from a more centralized location with the added ability to switch a bus out promptly thereby saving ECO the cost of dead head miles. The Town of Avon is provided a source of revenue for parking space. This agreement is part of a continuing effort to consolidate public transportation services and keep costs to a minimum. Financial Implications: The Town of Avon will be paid the $100 per month plus fuel charges of cost plus ten percent. Bus maintenance will be billed at $90 per hour with prior approval from ECO Transit. Bus washing is $45 per wash. Average total monthly billings from the 2005 ECO Transit Summer Service Agreement were $300. Recommendation: Staff recommends approval of this service agreement between The Town of Avon and ECO Transit. Alternatives: The agreement could not be approved. The Town of Avon would not receive the additional revenue. Proposed Motion: Move to approve the 2006 ECO Transit Winter Service Agreement. Town Manager Comments: OV( Commissioner Zp~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - CONCERNING RATIFICATION OF CONTINUATION OF SERVICE AGREEMENT BETWEEN EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF AVON WHEREAS, Resolution No. 96-22 created the Eagle County Regional Transportation Authority ("ECO") and provided for its duties and powers; and WHEREAS, on or about November 8, 2005 the Eagle County Regional Transportation Authority entered into an Agreement with the Town of Avon for parking, fueling, repair and maintenance of up to nine buses. 2006. WHEREAS, the Service Agreement term is from December 1, 2005 through May 15, WHEREAS, continuation of the Service Agreement during the current term requires ratification by the Eagle Board of County Commissioners and the Avon Town Council. A copy of said Service Agreement is attached hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of County Commissioners hereby ratifies the continuation of the Service Agreement; THAT, the board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of December, 2005. COUNTY OF EAGLE, STATE OF M COLORADO by and Through Its ATTEST: ° BOARD O NTY COMMISSIONERS By: Clerk to the Board of enconi County Commissioners Chairman Peter F. Runyon Commissioner Tom C. Stone Commissioner Commissioner /24&-X seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Menconi C2+7-0 -ter. Commissioner Runyon Commissioner Stone This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. GABRYANVesolutionsTCO-Avon 2005.DOC SERVICE AGREEMENT THIS AGREEMENT is entered into the 5rl day of ` 614 alp__ 2005, between Board of County Commissioners of Eagle County acting through the Eagle County Regional Transportation Authority and doing business as ECO Transit ("ECO") and Town of Avon ("Avon"); IT IS AGREED as follows: 1. Services. During the tenn of this Agreement, Avon will provide the following services: (a) Parking of up to 9 buses at a charge of $100 per month per bus. (b) Fuel at budgeted cost including a 10% (ten percent) mark up. (c) Repair and maintenance, as requested by ECO, at a charge of $90.00 per man hour starting January 1, 2006. 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. This Agreement will become run from December 1, 2005, through May 15, 2006, 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 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. EXHIBIT 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 $ day of 2005. TOWN OF AVON 7 By:- - A EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY l~ By: