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05-09-2006 ECO TRANSIT SUMMER SERVICE AGREEMENT FOR BUS PARKING AT SWIFT GULCHSERVICE AGREEMENT THIS AGREEMENT is entered into the q* day of May , 2006, 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 1 bus (in a plug in space) at a charge of $100 per month per bus. (b) Fuel at actual cost including ten percent mark up. (c) Repair and maintenance, as requested by ECO, at a charge of $85.00 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 ten days of receipt of the invoice. 4. Term and Termination. The term of this Agreement will nm from May 15, 2006, through December 1, 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 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 or in contract, is expressly limited to the warranty provided for herein. SIGNED the c( day of 52006. TOWN OF AVON By: Town M ger EAGLE CO TY REGIONAL TRANSPORTATION AUTHORITY By: C- - Chairman Memo To: The Honorable Mayor and Town Council From: Robert Reed, Director of Transportation & Public Works Jane Burden, Transportation Superintendent Thru: Larry Brooks, Town Manager Date: April 21, 2006 Re: 2006 ECO Transit Summer 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 one bus at a charge of $100 per bus / per month, b.) fuel for this bus at Town of Avon actual costs including a 10 percent mark up, c.) repair and maintenance of said bus as requested by ECO at a charge of $85 per man hour, commencing on May 15, 2006 and ending on December 1, 2006. Previous Council Action: This agreement is the third summer 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 three consecutive years. The sunnner parking space rental agreement is a down size from ten bus rental spaces in the winter to one rental space for the summer. 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 has some excess parking affording the Town an opportunity to rent this excess space. Discussion: This agreement will allow ECO Transit to park a bus at the Town of Avon Swift Gulch Facility for the summer 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 ]lead miles. The Town of Avon is provided a source of revenue for parking space that otherwise might not be used. This agreement is part of a continuing county wide 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 $85 per hour with prior approval from ECO Transit. Bus washing is $40 per wash. Average total monthly billings from the 2005 ECO Transit Summer Service Agreement were $700. 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 Summer Service Agreement. Town Manager Comments: