10-28-2008 ECO TRANSIT SERVICE AGREEMENT2009 Parking Agreement
ECO-Avon
SERVICE AGREEMENT
THIS AGREEMENT is entered into the ~-day of ~~~08, 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) Outdoor paved parking stalls at the Swift Gulch Public Works Complex (the "Premises")
to be used for a maximum of ten (10) transit vehicles during November-April that are
provided with 120v/10amp electrical power to support the engine block heater at a charge
of $350.00 per month per vehicle (includes power for winter months of November through
March).
(b) Outdoor paved parking stalls at the Premises to be used for a maximum of four (4) transit
vehicles during May-October without power at a charge of $300.00 per month per vehicle.
(c) Bus wash bay access and usage at a rate of $45.00 per bus.
(d) Diesel fuel to be billed at Avon's cost plus 10%.
2. Limits on Use. No other services by Avon are included other than those explicitly listed herein.
Other uses of the Premises are not permitted without Avon's written consent and will be considered
a breach of this Agreement. The following additional limitations on use apply:
(a) The Premises are not secure; the ECO is advised that use of the Premises is "at your own
risk".
(b) Parking stalls shall be those designated by Avon.
(c) Avon staff reserves the right to physically drive and relocate any of the ECO's vehicles,
provided that the vehicle remains within the physical site, at any time for any reason. ECO
agrees to provide Avon with functioning keys and/or key-codes capable of unlocking and
starting all ECO-serviced vehicles parked on the Premises.
(d) All vehicles parked on the Premises included under this Agreement must be in full running
order. Avon reserves the right to remove from the Premises at ECO's cost any vehicle that
will not start, is dilapidated, or has not been restored to full running order by ECO or their
assigned for a period of thirty (30) days or more.
(e) ECO agrees to keep the Premises clean, sanitary, and in good condition and, upon
termination of the Agreement, vacate the Premises to Avon in a condition identical to that
which existed when the ECO initiated site use, except for ordinary wear and tear.
(f) ECO agrees to immediately notify Avon of any defects or dangerous conditions in and
about the Premises of which ECO becomes aware.
(g) ECO agrees to reimburse Avon, on demand by Avon, for the cost of any repairs to the
Premises damaged by the ECO through misuse, neglect or recklessness.
(h) ECO herein acknowledges that the ECO has examined the Premises, including electrical
outlets, and has found them to be in good, safe, and clean condition at commencement of
this Agreement.
(i) In support of the continued governmental partnership between Avon and ECO and in light
of on-going efforts to plan, design, and construct a Joint Regional Operations Facility at
the site, access and use of Avon's transit operations building (including restrooms,
showers, internet, coffee/cocoa station, and break room) is included at no additional
Page 1 of 2
2009 Parking Agreement
ECO-Avon
charge.
3. Facilities. Avon represents that its facilities are adequately equipped to offer said services.
4. 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 in full within thirty days of receipt of the
invoice. The Town reserves the right to adjust the rates charged for services.
5. Term and Termination. This is a month-to-month service agreement which commences on
January 1, 2009 and terminates December 31, 2009 unless otherwise terminated earlier in
accordance with this Agreement. Either party may terminate this Agreement without cause on
fifteen days written notice. 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. The parties desire to implement this Agreement as soon as possible. The
signatory for ECO has the authority to bind ECO to the terms and conditions of this Agreement.
However, continuation of this Agreement is contingent upon the subsequent ratification of the same
by board action of the Board of County Commissioners of Eagle County at their next regularly
scheduled meeting.
6. Indemnification. ECO agrees to the extent permitted by law to indemnify, defend and hold
harmless TOA, its respective agents, officers and employees of and from any and all loss, cost,
damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including
reasonable attorneys fees arising out of the indemnifying Party's intentional or negligent acts, errors,
omissions, or those of its agents, officers, servants and employees.
7. Insurance. ECO must carry valid insurance for any individuals and property that are involved in
use of the Premises. Avon is not liable for damage to ECO-owned property, or any property owned
by others and included in a service agreement operated by ECO, while located on the Premises,
including acts of vandalism, theft, or comprehensive damage of same vehicles.
8. 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, joint venture, or ownership interest in the real property. Avon shall be solely
responsible for payroll withholding and payment of taxes as well as payment of unemployment
compensation and other employment related benefits.
TOWN OF AVON
By: 1\ ono- ( j e . D
Print name
Signature
(ylz,R/o9
Date
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By: W,as-h~9 /y. 4y(Oh~ ~ih¢c'~oe.
12 o
Print name 42 'at- re
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Date
Page 2 of 2
f
Memo
To: The Honorable Mayor and Town Council
Through: Larry Brooks, Town Manager -
From: Jennifer Strehler, Director of Public Works and Transportation
Date: October 14, 2008
Re: Contract Parking Agreement with ECO Transit
Summary:
ECO Transit has been parking transit buses, using the bus wash, and re-fueling
buses at the Town's Swift Gulch site, for many years. The IGA for these services to
be billed on a time and material basis during the period 1/1/2009 through
12/31/2009 is attached. The Town Council is requested to authorize the Town
Manager to sign the revenue generating agreement for 2009.
Background:
Parking arrangement has been annually renewed for many previous years.
Discussion:
The proposed agreement is attached and has been reviewed by the Town Attorney.
Financial Implications:
As is customary, funds derived from the town's execution of services under this
agreement will be included as revenue in the Fleet Maintenance Enterprise Fund
#61. Approximately $28,200 is projected as revenue and has been included in the
2009 budget.
Recommendation:
Staff recommends that Town Council approve that attached contract and authorize
the Town Manager to sign same.
Town Manager Comments:
Attachments:
Agreement for Services between the Town of Avon and ECO Transit
eagle county regional transportation authority
MEMORANDUM
TO: Jennifer Strehler
Public Works and Transportation Director
Town of Avon
FROM: Janet Field
ECO Administrative Coordinator
DATE: September 19, 2008
RE: 2009 Service Agreement
Attached is a signed copy of the 2009 Service Agreement which was
approved by the Eagle County Regional Transportation Authority Board
at their September 17 meeting and signed by Harry N. Taylor, Director.
Please send me a copy of the Service Agreement after it has been signed
by the Town of Avon.
3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel: 9701328-3520 fax: 9701328-3539 eco@eaglecounty.us