12-08-2009 Fleet Service Agreements with Govern AgenciesTOWN OF AVON, COLORADO . ` 71,
REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 8, 2009 AVON
MEETING BEGINS AT 5:30 PM C. a
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY & CITIZEN INPUT
a. ESRI's Southwest Award for Best Map on Bear Sighting Map produced by GIS Analyst Jenny
Koenig, Community Development Department (Sally Vecchio, Assistant Town Manager Community
Development)
b. Special Event Update on "Icing on the Lake" (Danita Chirichillo, Special Events Supervisor)
5. CONSENT AGENDA
a. Minutes from November 24, 2009
b. Change Order 001 Elam Construction (Shane Pegram, Engineer II) Change order to adjust project
quantities for the 2009 Street Improvement and Park Improvement projects to match those actually
installed and add additional items required to complete the projects
c. Change Order 1 - Benchmark Dam Service Spillway Improvements - Change Order with Ewing
Trucking and Construction (Jeff Schneider, Project Engineer) CO to adjust quantities for construction of
spillway improvements and project close -out
d. Change Order 1 - Nottingham Puder Ditch Improvements - Change Order with Ewing Trucking
and Construction (Jeff Schneider, Project Engineer) CO to adjust quantities for irrigation ditch
improvements and project close -out
e. Sale of Recreation Center's Spin Bicycles (Danita Chirichillo, Special Events Supervisor) Request
approval of selling spin bikes to Southpark Recreation Center
6. NEW BUSINESS
a. Intergovernmental Agreement for Animal Control Services (Brian Kozak, Police Chief) IGA for
continued animal control services from Eagle County
b. Nottingham Power Plant Contract with Colorado Mountain College Contract for Restoration of
Avon's Waterwheel (Matt Pielsticker, Planner II) Contract to complete work on the stabilization of the
power plant
c. Intergovernmental Agreement between Board of County Commissioners of Eagle County acting
through the Eagle County Regional Transportation Authority d /b /a ECO Transit and Town of
Avon for Transit Parking Services (Jenny Strehler, Director PW &T) IGA for services from 1/1/2010
ending 12/31/2010
d. Fleet Maintenance Agreements (Jenny Strehler, Public Works & Transportation Director) Annual Fleet
Service Agreements with Governmental Agencies as follows: Eagle 'River Fire Protection, District, Beaver
Creek Metro District Buses, Vail Resorts Dial -A -Ride, Eagle: County Ambulance -District, Eagle River
Water & Sanitation District, Beaver Creek Metro Public Works, ECO Transit, Town of Mintur*n, Western-
Avon Council Meeting.09.12.08.doc
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h r n
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 8, 2009
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
Eagle County Ambulance District, Town of Redcliff, Vail Valley Foundation, Greater Eagle Fire Protection
District, ECO Hazmat Team, and the Gypsum Fire District
7. RESOLUTIONS
a. Resolution No. 09 -41, Series of 2009, Resolution Approving The Final Plat And Subdivision
Improvement Agreements For Buck Creek Pud, A Resubdivision Of Lots 1, 2, 3 And 4,
Wildwood Resort, A Resubdivision Of Lots 5, 52a, 52b, Block 1, Benchmark At Beaver Creek,
Located In Section 1, Township 5 South, Range 82 West Of The Sixth Principal Meridian, Town
Of Avon, Eagle County, Colorado (Sally Vecchio, Assistant Town Manager Community Development)
This resolution approves the Buck Creek PUD Final Plat and the related Phase I and II Subdivision
Improvement Agreements with a condition of inclusion of a trail easement on the plat
b. Resolution No 09 -42, Series of 2009, Resolution Approving a Pipeline Crossing Agreement with
Union Pacific Railroad at Mile Post 308.51, Tennessee Pass Subdivision, for Construction of the
Community Heat Recovery Project (Jeff Schneider, Senior Project Engineer)
c. Resolution No. 09 -29, Series of 2009, Resolution Approving the Final Plat, Eagle River at Avon,
A Resubdivision of Lots 1 and 2, Exemption Plat, Red House, Section 12, Township 5 South,
Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado (Sally
Vecchio, Assistant Town Manager Community Development) / Resolution tabled at November 10, 2009
Meeting
d. Resolution No. 09 -30, Series of 2009, Resolution Approving a Second Supplemental Water
Lease Agreement With The Upper Eagle River Water Authority (Shane Pegram, Engineer II) This
agreement increases the total SFE's that the Authority will service to the Town by 15 SFE's to account for
the Red House development / Resolution Tabled at November 10, 2009 Meeting
8. ORDINANCES
a. Public Hearing on Ordinance No. 09 -19, Series of 2009, Second Reading, An Ordinance
Approving a Landscape Construction and Maintenance Easement Agreement between the
Town and Vail Associates, Inc. (Shane Pegram, Engineer 11) This easement agreement is part of the
Development Agreement with Vail Associates, Inc. for the Red House Property
b. Ordinance No. 09 -20, Series of 2009, First Reading, Ordinance Approving and Accepting
Mountain Star Conservation Easement (Eric Heil, Town Attorney) Review modifications of existing
conservation easement so that easement is applied to open space areas but not to Tract AA which was
dedicated to the Town for municipal purposes.
9. TOWN MANAGER REPORT
10. TOWN ATTORNEY REPORT
11. MAYOR REPORT
12. ADJOURNMENT
FUTURE AGENDA DATES & PROPOSED TOPICS:
December 22 d . Meeting Cancelled
Avon Council Meeting.09.12.08.doc
Page 3 of 3
5
SERVICE AGREEMENT
This agreement is made and entered into this 9 t4, ' day of 'ZUtPL&,t 2009 by and between
Eagle River Fire Protection District whose address is P.O. Box 7980, Avon Colorado, 81620
(hereafter know as "ERFPD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of EFRPD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
EFRPD vehicles and equipment. Service will be performed on approximately 36
vehicles and equipment listed in Exhibit A, although the number of vehicles serviced may
be increased or decreased in EFRPD's sole discretion; provided the combined number of
vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine
Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine
Maintenance shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by EFRPD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless EFRPD has approved of
such charges. Services may be commenced with verbal approval by EFRPD if a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. EFRPD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
EFRPD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and
Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent.
Invoice shall be issued by the 10` of each month for services performed the previous month.
Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling
Facilities may be used by EFRPD. The cost of Unleaded Gasoline and Diesel Fuel will be at
the Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by
EFRPD. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by EFRPD to its employees. Contractor shall provide EFRPD an original of
its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of EFRPD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of EFRPD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this ZL day of rvo 2009.
Eagle R' a rotection District
By:
EXECUTED this
g - day of G..M , 2009...._
TOWN VON
By:
EXHIBIT A
51
"A" PM
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
RATE
$105.00 hr.
Plus parts &
sublet
"Annual' every 12months $105.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 04, 2010.
EQUIPMENT EQ DESCRIPTION SERIAL NUMBER
131T
1998 HAULMARK K714BT -WT
16HPB1424WU011442
124
2002 FORD F -550
1 FDAX57F82EC50563
136
2007 FORD F -550
1 FDAX57P87EB47966
113
1999 FORD F450 /PIERC
1 FDXF47F3XEB37439
1720
1993 FORD EXPLORE
1 FMDU34XOPUA46280
125
1998 PIERCE FL112 -TANK
1FV6TMDB6XHA41448
140
2008 CHEVROLET Malibu
1G1ZJ57B28F195948
127
1998 CHEVROLET 3500 4DR
1GBHK33F1WF062189
145
2008 CHEVROLET K2500 HD
1GCHK29608E176691
129
2003 CHEVROLET 2500HD
1GCHK29U33E308690
135
2007 CHEVROLET K2500 HD
1GCHK39D07E176757
123
1998 CHEVROLET BLAZER
1 GNDT13WXWK224749
128
2003 CHEVROLET TAHOE
1 GNEK13Z73J319076
134
2007 CHEVROLET TAHOE
1GNFK13037R223541
137
2007 CHEVROLET TAHOE
1GNFK130X7J401864
143
2008 CHEVROLET TAHOE
1 GNFK130X8R202218
142
2008 CHEVROLET TAHOE
1 GNFK130X8R204020
121
1993 CHEVROLET
1GNGK26K2PJ367152
SUBURBAN
1520
1996 INTERNATIO 4900
1 HTSEAANlVH402101
112
1988 PIERCE DASH -2DR.
1 P9CT01 D2JA040331
132
2005 CHEVROLET EQUINOX
2CNDL23F456099517
144
2008 CHEVROLET EQUINOX
2CNDL63F286280384
141
2008 CHEVROLET
3GNGK26K08G215700
SUBURBAN
139
2007 PIERCE DASH
4P1CD01H07A007516
133
2006 PIERCE DASH
4P1CD01H76A005812
138
2007 PIERCE DASH
4PICD01H97A007515
131
2003 PIERCE QUANTUM
4P1 CT02HX3A003274
119
2001 PIERCE QUANTUM
4P1CT02S61AO01708
111
2000 PIERCE QUANTUM
4P1CTO2SOYA000936
110
2000 PIERCE QUANTUM
4P1CT02S9YA000935
146
2008 PIERCE QUANTUM
4P1CU01HX8A008545
132T
2008 PJ DECKOVER TILT
4P5T8222X81121016
1512
1985 PIERCE DASH
E -2693
SERVICE AGREEMENT
g I day of � 2009 by and between
This ag � .1c and ent ered Into this �
Beaver Creek Mci �olitan District whose address is P.O. Box 2560, Edwards Colorado, 81632
(hereafter know - ) ") and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Ave:: olorado. 81620 (hereafter designated as "Contractor ").
In consideration ..c obligation of BCMD to pay the Contractor as herein provided and in
consideration of ther terms and conditions hereof, the parties agree as follows:
1. Contractor �. ices: Contractor will, during the term of this Agreement, provide the
following ser. (collectively the "Services "):
(a) Routine tcnancc and preventive maintenance ( "Routine Maintenance ") of the
BCMD and equipment. Service will be performed on approximately 20 transit
buses list Exhibit A, although the number of vehicles serviced may be increased or
decreases. ;C'MD's sole discretion; provided, the combined number of vehicles and
equipmcl.. :11 not exceed 75 without the approval of Contractor. Routine Maintenance
will be p, med at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall con: those services outlined in Exhibit A attached hereto.
(b) Repair al )lacement \pork as requested by BCMD ( "Repair and Replacement "). No
payment JIV IZepair and Replacement shall be due unless BCMD has approved of
such cila: Services may be commenced with verbal approval by BCMD of a written
estimatee ittcd by Contractor. Repair and Replacement includes, without limitation,
transmis� repairs. engine repairs, rear end repairs and any other work or repairs
exceedin; 000.00. BCMD acknowledges that subcontractors will perform certain
repair w c. orttractor shall be responsible for assuring that all such subcontracted work
will be 1 ,med promptly and in accordance with the terms and conditions of this
Agreem-
2. Facilities: C or represents that its facilities are in good repair and adequately equipped
and that it h,t l'ticient staiTto perform all work in a timely manner.
3. Co npensatit
n Consideration ot'Contractor's services during the term of this Agreement.
BCMD will
contractor the shop rate of 5 ,105.00 per hour for Routine Maintenance and
Repair and P
Cment. Materials and sublet work shall be charged at cost plus ten percent.
Invoice steal:
AlCd by the 10 "' of each month 1br services performed the previous month.
Payment sh,,
remittal wlthln ten (10) days of receipt of invoice. Contractor's Fueling
Facilities rn:.
b% BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at
the Contract .
ost plus ten percent. Contractor's vehicle washing facility may be used by
BCMD. C'ou
OA for current \\ ash rates.
S T COPY
4. Terins and
terminate oi;
and obligati.
Agreement
breach with:
without cau
5. Relationship
contracting
by any third
venture bet%\
or contribut
unemploym,
made avail i'
its Form W
I :iination: This Agreement will be effective as of October 1, 2009 and will
ember 30, 2010 unless either party fails to substantially perform the duties
accordance herewith. In such an event, the other party may terminate this
seven (7) days written notice to that party, unless that party cures the
,even (7) day remedy period. Either party may terminate this Agreement
n thirty (30) days written notice.
ul Taxes: The relationship between the parties is that of independent
and Nothing herein shall be deemed or construed by the parties hereto or
:is creaiing it relationship of principal and agent or partnership, or of a joint
lie Parties. Contractor shall be solely responsible for any tax, withholding
ied by the Federal Social Security Act. Contractor is not entitled to
MiPensation or other employment related benefits, which are otherwise
L3CMD to its eniployees. Contractor shall provide BCMD an original of
;uc,t for Taxpa%cr Identification Number of Certification).
6. Warranty: r „ctor ,hall perform all Services in a prompt, efficient and workmanlike
manner. Co OF shall promptly correct any defective work. This warranty shall be in lieu
of all other :rtics, express or implied. Contractor's sole liability hereunder, whether in
tort or in coi ts expressly limited to the warranty provided for herein.
7. Assignment: :itractor's duties licreunder requires particular expertise and skills, and may
not be assig. i ::ny third party \% ithout the expressed written consent of BCMD, and any
attempt to render this :agreement null and void and no effect as respects the
assignee (s) ll coil , Mite a,i cv ent of default by Contractor.
8. Waiver: Fa ,k, insist upon strict compliance with any terms, covenants, and/ or
conditions l: hall not be deemed a waiver of such term, covenant, or condition, nor
shall any wi, r relinquishment of any right or power hereunder at any time or more times
be deemed a _r or reiinquishmcnt of such right or power at any other time or times.
9. Benefit: Ti ,,s. Provisions, and covenants contained in this Agreement shall apply to,
inure to the it of and be biiiding upon the parties hereto and their respective heirs,
success()rs rest. ;ind legal representatives except as otherwise herein expressly
provided.
10. Situs and S. ;',ility: file laws of the State of Colorado shall govern the interpretation,
validity, Pe, :.,,:e ZIA enforcement of this Agreement. If any provision of this
Agreement s held to be ins all or unenforceable, the validity and enforceability of the
remaining p, :i, of this Agreenicnt shall not be affected thereby.
11. Modificatio::: iiis Agreement contains the entire agreement between the parties, and no
agreement e('tcctive to cha,,,e, modify, or terminate in whole or in part unless such
agreement is . itiu`z .uZd duly :,;�ned by the party against whom enforcement of such
change, moc n, ur terminatiui, is Sought.
BEST COPY
12. Non- Liabilit fo »n for Indirect or Consequential Damages or Lost Profits: Parties
agree that th. :::actor shall not be liable for any indirect or consequential damages which
may arise fr( breach of this Scrviee Agreement by Contractor or which may arise by
the Contracts reach of warranty.
13. No Waiver i)Nernmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, modify any governmental immunity that may be available by law
to the Contr. its officials, employees, contractors, or agents, or any other person acting
on behalf of ontractor and, in particular, governmental immunity afforded or available
pursuant to ill& Governmental Immunity Act, Title 24, Article 10, Part I of the
Colorado Rc statutes.
14. No Third 1 ':irneiiciaries: 'Nothing contained in this Agreement is intended to or shall
create a cons ;d relationship with, cause of action in favor of, or claim for relief for, any
third party, i. :ig and agent, sub - consultant or sub - contractor of BCMD. Absolutely no
third party b. .. are intended by this Agreement. Any third -party receiving a benefit
from this AL, .:.t is ati incidental and unintended beneficiary only.
4
EXECU� „s .1 _day of _ , 2009.
Beaver ( Metropolitan Distric
-
By: - - 0 V —
EXECU ) ii. day of 2009.
B y' - - - -' - -- '
S _.
EXHIBIT A
WORK FREQUENCY RATE
"A" PM 3,000 miles or $105.00 hr.
Preventive Maintenanc 250 hours Plus parts &
Inspection sublet
"Annual' every 12months $105.00 hr.
Preventive Maintenanc Plus parts &
Inspection sublet
NOTE: Included as a p. of :_xhibit A is the vehicle listing applicable to this agreement as of
August 11, 2009.
— VIN
1.
Pax
I Manufacturer
I Equipment Type
Owner
Unit
1 N93623476A14C
�7
50
Optima
Bus
Beaver Creek
997
1 N93623456A14C
6
50
Optima
Bus
Beaver Creek
996
1Z9B5BSS54W21
'5:
51
Optima
Bus
Beaver Creek
852
1Z9B5BSS34W21
'5
51
Optima
Bus
Beaver Creek
851
15GCD2018T108
'J ;
60 •
Gillig
Bus
Beaver Creek
848
15GCD201XT108
97
60
Gillig
Bus
Beaver Creek
844
15GCD2010T108
1.
GO
Gillig
Bus
Beaver Creek
839
1GBJ5V1GX7F41
35
Star Craft
Body On Chassis
Beaver Creek
793
1GBJ5V1G27F41
35
Star Craft
Body On Chassis
Beaver Creek
762
1Z9B7DTS16W21
50
Optima
Bus
Beaver Creek
760
1Z9B7DTS56W21
L
50
Optima
Bus
Beaver Creek
759
1Z9B6DTS05W21
, :
50
Optima
Bus
Beaver Creek
649
1Z9B6DTS95W21
50
Optima
Bus
Beaver Creek
648
1 Z9B6DTS75W2
-; .-
50
Optima
Bus
Beaver Creek
647
1Z986DTS55W21
;4
50
Optima
Bus
Beaver Creek
646
1 GBJ5V1 EX5F50:
:3
34
Terra Transit
Body On Chassis
Beaver Creek
564
1GBJ5V1E75F50.
34
Terra Transit
Body On Chassis
Beaver Creek
555
1GBJ5V1E15F50:
34
Terra Transit
Body On Chassis
Beaver Creek
544
15GGD271X8107
70
Gillig
Bus
Beaver Creek
960
15GGD27118107
70
Gillig
Bus
Beaver Creek
961
BEST COPY
SERVICE AGREEMENT
This agreement is ade and entered into this 1 day of , 009 by and between
Vail Associates Ir. a Colorado corporation whose address is P.O. Box 7, Vail Colorado, 81658
(hereafter know a� VAI ") and the Town of'Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avor. Colorado.. 81620 (hereafter designated as "Contractor ")..
In consideration the obligation of VAI to pay the Contractor as herein provided and in
consideration of'tl : other terms and conditions hereof', the parties agree as fbllows:
1. Contractor S: rN ices: Contractor will, during the term of this Agreement, provide the
following sere . .:s (collectively the "Services "):
(a) Routine nr. :rtenance and preventive maintenance ( "Routine Maintenance ") of the Beaver
Creek Re,, Company buses, which are operated by VAI. Service will be performed on
approxima.. iy 47 bUSes or' other- vehicles listed in Exhibit A, although the number of
vehicles sc: % iced may be increased or decreased in VAI's sole discretion; provided, the
combined : Amber of 1 ehicles and equipment shall not exceed 75 without the approval of
Contractor Routine :Maintenance will be performed at least every 3,000 miles or' 250
hours of a .: Routin<_ L%Iaintenance shall consist of those services outlined in Exhibit A
attached h% ._to.
(b) Repair an; l eplaceinem work as requested by VAI ("Repair and Replacement ") No
payment 1: any Repair and Replacement shall be due unless VAT has approved of' such
charges. � \ ices may be commenced with verbal approval by VAI of a written estimate
submitted y Contractor. Repair and Replacement includes, without limitation,
transmissi: :; repairs, engine repairs, rear end repairs and any other- work or repairs
exceeding -,000.00 VAI acknowledges that subcontractors will perform certain repair -
work.. Co, actor shall be responsible for assuring that all such subcontracted work will
be perfon _,1 promptly and in accordance with the terms and conditions of this
Agreemen
2. Facilities: Cc tractor represents that its facilities are in good repair and adequately equipped
and that it has sufficient staff to perform all work in a timely manner.
Conrpensatio:. In consideration of'Contractor•'s services during the terns of'this Agreement,
VAI will pad ontractor the shop rate of S105.00 per hour for .Routine Maintenance and
Repair and Rc cement Materials and sublet work shall be charged at cost plus ten percent.
Invoice shall 1 ssued by the 10 "' of each month for services performed the previous month.
Payment shat: remitted within ten (10) days of receipt of invoice., Contractor's Fueling
Facilities mad used b VAI The cost of Unleaded Gasoline and Diesel Fuel will be at the
Contractor's � t plus ter percent Contractor's vehicle washing facility may be used by
VAI. Contact fbrr current , ,wash rates.
B EST COPY
4. Terms and '1 .. : This Agreement will be effective as of October 1, 2009 and will
terminate on :• : 30, 2010 unless either party fails to substantially perform the duties
and obligatio,: n accorel race herewith. In such an event, the other- party may terminate this
Agreement ui seven (7) days �Nritten notice to that party, unless that party cures the
breach within seN-en (7) day remedy period. Either party may terminate this Agreement
without cause .)n thirty (3 0) da_} s written notice
5. Relationships "rid faxes: The relationship between the parties is that of independent
contracting P< :Cs, and nothing herein shall be deemed or construed by the parties hereto or
by any third l': y as creating a relationship of principal and agent or partnership, or of a joint
venture betw� the par Contractor shall be solely responsible for any tax, withholding
or• contributi( levied b the Federal Social Security Act. Contractor' is not entitled to
unemploymer _ompensation or other employment related benefits, which are otherwise
made mailaL )y VAI to its employees. Contractor• shall provide VAI an original of its
Form W -9 (R _ est for• Taxpayer Identification Number of'Certification).
6. Warr -anty: f :tractor small perform all Services in a prompt, efficient and workmanlike
manner Cont - tor• shall promptly correct any defective work. This warranty shall be in lieu
of all other \\ : antics, express or implied. Contractor's sole liability hereunder, whether in
tort or in contr t, is expressly limited to the warranty provided for herein.
7. Assignment: )tractor's duties hereunder requires particular expertise and skills, and may
not be assign to any tirird party without the expressed written consent of VAI, and any
attempt to dt. shall render this Agreement null and void and no effect as respects the
assignee (s) <!: hall constitute an cNent ofdefault by Contractor..
8. Waiver: Fa; ! to insist trlxm strict compliance with any terms, covenants, and/ or
conditions hc: shalt nit be deemed a waiver of such term, covenant, or condition, nor
shall any wai or relinquisl;ment of any right or power hereunder at any time or more times
be deemed a er or relinquishment of such right or power at any other time or times.
9. Benefit: Th;.. Ans, pro\ isions, and covenants contained in this Agreement shall apply to,
inure to the :;fit of und be binding upon the parties hereto and their respective heirs,
successors i; ;terest., and representatives except as otherwise herein expressly
provided.
10. Situs and SL : - 1 lie km of the State of Colorado shall govern the interpretation,
validity, per: urnce au;.i enforcement of this Agreement. If any provision of this
Agreement sl be held tO be invalid or unenforceable, the validity and enforceability of the
remaining pr( ions oi'tl,is \ < ;rccmcnt shall not be affected thereby.
11. Modiflcatioi:: 1 - his Agu cement contains the entire agreement between the parties, and no
agreement sl: )e effective to change, modify, or terminate in whole or• in part unless such
agreement is wittin`' < ;id duly signed by the party against whom enforcement of such
change, mod: i1011., of ri'Iminaiion is sought.
J
BEST
12. Non- Liabilit,. Town for Indic °ect or Consequential Damages or Lost Pr ofits: Parties
agree that the �ntractor shrill not be liable for any indirect or consequential damages which
may arise frc: uiy breach of this Service Agreement by Contractor or which may arise by
the Contractc.. ")reach of "arrant}
13. No Waiver c; :aver Immunity: Nothing in this Agreement shall be construed to
wai� limit. aher��Ise modify any governmental immunity that may be available by law
to the Contra: its officials, employees, contractors, or agents, or any other person acting
on behalf' of : Contractor and, in particular, governmental immunity afforded or available
pursuant to t v
Colorado Governmental Immunity Act, Title 24, Article 10, Part I of the
Colorado Re% :1 Statutes
14. No Third P.::• Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a con!: ial relationship " ith, cause of action in favor of', or claim for relief for, any
third party, i :ding ar,\ sub- consultant or sub- contractor of VAI Absolutely no
third party b: ciaries }; intended by this Agreement. Any third -party receiving a benefit
froru this A` lent is n ::incidental and unintended beneficiary onI,y.
EXECUT this day of' .......... . , 2009.
Vail A ss ,,: Appro
Vi Reso .
aY: .�—.
By' Aadrew M. Hensler
t1a�e:
EXECU 1 this _day c 9..
TOWN C- 1 VQ '
By
r
ST COPY
EXHIBIT A
WORK
FREQUENCY
RATE
A' PM
3,000 miles or
$105 00 hr.
Preventive Maintenanc
250 hours
Plus parts &
Inspection
Van
sublet
Annual'
eery 12months
$105 00 hr,
Preventive Maintenanc
Body On Chassis
Plus parts &
Inspection
3
sublet
NOTE: Included as a r: : Exhibit A is tie vehicle listing applicable to this agreement as of
Seatember21, 2009,
VIN
Pax
Manufacturer
I Equipment Type
( Owner Unit
1 FDSE35L78DA0
3
13
Turtle Top
Van
Bachelor Gulch 889
1 FDXE40S2WHB.
36
20
Terra Transit
Body On Chassis
Arrowhead 896
1 FDSE35L58DA0 :
3
13
"furile Top
Van
Bachelor Gulch 888
1 FDSE35L38DA0
7
13
Turtle Top
Van
Bachelor Gulch 887
1 FDXE45S28DA0.
3
18
Federal Coach
Body On Chassis
Bachelor Gulch 853
1 FDXE45398DA1
r1
18
Federal Coach
Body On Chassis
Beaver Creek 851
1 FDXE45S28DA0:
1
18
Federal Coach
Body On Chassis
Beaver Creek 821
1 FDXE45S08DA&
20
18
Federal Coach
Body On Chassis
Beaver Creek 820
1 FDXE45S28DAC
8
18
Federal Coach
Body On Chassis
Beaver Creek 818
1 FDXE45506DAS
7
19
Federal Coach
Body On Chassis
Beaver Creek 747
1 FDXE45566DAS'
3
18
Federal Coach
Body On Chassis
Bachelor Gulch 738
1 FDXE45S46DAi
7
18
Federal Coach
Body On Chassis
Bachelor Gulch 737
1 FDSE35LX6DA:'
3
13
'?'L;rtl- 'Top
Van
Bachelor Gulch 733
1 FDXE45S36DA
5
19
Federal Coach
Body On Chassis
Beaver Creek 715
1 FDXE45S16DA:
4
19
Federal Coach
Body On Chassis
Beaver Creek 714
1 FDXE45S86DA=
3
19
Federal Coach
Body On Chassis
Beaver Creek 713
1 FDSE35L35HB .-:
1
13
Turtle Top
Van
Beaver Creek 694
1 FDXE45SMHA'.'
'8
20
Terra Transit
Body On Chassis
Bachelor Gulch 608
1 FDXE45S66HA2
7
20
Terra Transit
Body On Chassis
Beaver Creek 607
1 FDXE45546HA<
3
20
Terra Transit
Body On Chassis
Beaver Creek 606
1 FDXE45S26HA<.
5
20
'1" >rra Transit
Body On Chassis
Beaver Creek 605
1 FDXE45S06HA''
4
20
Terra Transit
Body On Chassis
Bachelor Gulch 604
1 FDSE35L14HA :
1
13
" urtle -, . - op
Van
Bachelor Gulch 561
1 FDSE35L14HA
3
13
Tutrtla Top
Van
Beaver Creek 558
1 FDXE45S34HA `
3
18
Terra Transit
Body On Chassis
Bachelor Gulch 536
1 FDXE45S14HA =
5
18
Terra Transit
Body On Chassis
Beaver Creek 535
1 FDXE45SX4HA '
4
18
Terra 1 "ransit
Body On Chassis
Beaver Creek 534
1FDXE45S84HA'
3
18
Terra Transit
Body On Chassis
Beaver Creek 533
1 FDSE35L04HA.•
)
13
T urtie Top
Van
Bachelor Gulch 520
1FDSE35L44HA:.
)
13
- TArt•.eTop
Van
Bachelor Gulch 519
1 FDSE35L43HB
3
13
,:rtie sop
Van
Beaver Creek 495
BEST COPY
1 FDXE45S03HB:
3
20
Terra Transit
Body On Chassis
Bachelor Gulch 408
1 FDXE45S32HB1
2
20
Terra Transit
Body On Chassis
Beaver Creek
392
1 FDXE45M62HB;
3
17
Terra Transit
Body On Chassis
Beaver Creek
303
1 FDXE45S71 HB '
0
20
Terra Transit
Body On Chassis
Beaver Creek
290
3GNFK16T71 G1-2.
3
5
Che iy
Suburban
Beaver Creek
112
Rental
20
Body On Chassis
Arrowhead
Rental
20
Body On Chassis
Arrowhead
Rental
20
Body On Chassis
Bachelor Gulch
Pending
20
Federal Coach
Body On Chassis
Beaver Creek
Pending
20
Federal Coach
Body On Chassis
Beaver Creek
Pending
13
Turtle "Cop
Van
Beaver Creek
Pending
13
Turtle Top
Van
Beaver Creek
Pending
13
Tur tie Top
Van
Beaver Creek
Pending
20
Federal Coach
Body On Chassis
Bachelor Gulch
Pending
20
Federal Coach
Body On Chassis
Bachelor Gulch
Pending
20
Federal Coach
Body On Chassis
Bachelor Gulch
SERVICE AGREEMENT
This agreement is made and entered into this_ day of YQ , 2009 by and between
Eagle County Ambulance District whose address is P.O. Box 990, Edwards, Colorado (hereafter
know as "ECAD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch
Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ECAD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ECAD
vehicles and equipment. Service will be perfonned on approximately 12 vehicles listed
in Exhibit A, although the number of vehicles serviced may be increased or decreased in
ECAD's sole discretion; provided, the combined number of vehicles and equipment shall
not exceed 24 without the approval of Contractor. Routine Maintenance will be
performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall
consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ECAD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless ECAD has approved of
such charges. Services may be commenced with verbal approval by ECAD of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. ECAD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ECAD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and
Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent.
Invoice shall be issued by the 10 "' of each month for services performed the previous month.
Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling
Facilities may be used by ECAD. The cost of Unleaded Gasoline and Diesel Fuel will be at
the Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by
ECAD. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ECAD to its employees. Contractor shall provide ECAD an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ECAD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub- contractor of ECAD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this day of �c.Cc.l�'CS?� 2009.
TOWN AV N
f S
r;
By: t j
EXHIBIT A
WORK
"A" PM
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
RATE
$105.00 hr.
Plus parts &
sublet
"Annual"
every 12months
$105.00 hr.
Preventive Maintenance
Plus parts &
Inspection
sublet
NOTE: Included as a part
of Exhibit A is the vehicle listing applicable to this agreement as of
November 4, 2009.
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
780A
2003 FORD E350
1FDWE35F33HB42189
AMB
785A
2003 FORD E350
1FDWE35F53HA60870
AMB
782A
2001 FORD E350
1FDWE35F61HA57750
AMB
784a
2000 FORD E350
1FDWE35F7YHA29756
AMB
783A
2002 FORD E450
1FDWE35F82HA21091
AMB
786A
2005 FORD E350
1FDWE35P06HA92445
AMB
781A
2004 FORD E350
1FDWE35P15HAl2813
AMB
784A
2007 FORD E350
1FDWE35P27DA96425
AMB
782A
2007 FORD E350
1FDWE35P27DB07679
AMB
783A
2007 FORD E350
1FDWE35P77DB00744
AMB
SRK
1996 FORD EXPLORER
1FMDU34X7TZB32571
L4UP
777A
2006 FORD EXPLORER
1FMEU73876UB19732
L4U
779A
2009 FORD EXPLORER
1FMEU73879UA07551
L4U
776A
2007 FORD EXPEDITION
1FMFU16597LA79101
L4U
779A
2001 FORD EXPEDITION
1FMPU16L81LA86924
L4U
778A
2001 FORD EXPEDITION
1FMPU16LXlLA86925
L4U
LYN
1998 FORD EXPLORER
1FMZU34EOWZA99891
L4U
SERVICE AGREEMENT
This agreement is made and entered into this day o 2009 by and between
Eagle River Water & Sanitation District whose address is 846 Forest Road, Vail Colorado,
81657 (hereafter know as "ERW &SD ") and the Town of Avon whose address is P.O. Box 975,
500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ERW &SD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
ERW &SD vehicles and equipment. Service will be performed on approximately 68
vehicles and 22 pieces of equipment listed in Exhibit A, although the number of vehicles
serviced may be increased or decreased in ERW &SD's sole discretion; provided, the
combined number of vehicles and equipment shall not exceed 100 without the approval
of Contractor. Routine Maintenance will be performed at least every 6,000 miles or 250
hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A
attached hereto.
(b) Repair and replacement work as requested by ERW &SD ( "Repair and Replacement ").
No payment for any Repair and Replacement shall be due unless ERW &SD has approved
of such charges. Services may be commenced with verbal approval by ERW &SD of a
written estimate submitted by Contractor. Repair and Replacement includes, without
limitation, transmissions repairs, engine repairs, rear end repairs and any other work or
repairs exceeding $2,000.00. ERW &SD acknowledges that subcontractors will perform
certain repair work. Contractor shall be responsible for assuring that all such
subcontracted work will be performed promptly and in accordance with the terms and
conditions of this Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ERW &SD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance
and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten
percent. Invoice shall be issued by the 10` of each month for services performed the
previous month. Payment shall be remitted within ten (10) days of receipt of invoice.
Contractor's Fueling Facilities may be used by ERW &SD. The cost of Unleaded Gasoline
and Diesel Fuel will be at the Contractor's cost plus ten percent. Contractor's vehicle
washing facility may be used by ERW &SD. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may tenninate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ERW &SD to its employees. Contractor shall provide ERW &SD an
original of its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ERW &SD, and
any attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ERW &SD. Absolutely
no third party beneficiaries are intended by this Agreement. Any third -party receiving a
benefit from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this 6 *� day o ) 2009.
Eagle Rive Sanitati istrict
By:
EXECUTED this 0 day O l 2009.
TOWN A N
By: A)� C-'
EXHIBIT A
WORK FREQUENCY RATE
"A" PM 6,000 miles or $105.00 hr.
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $105.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 5, 2009.
EQUIPMENT
MASTER LIST BY SERIAL NUMBER
EQUIPMEN
EQ DESCRIPTION
SERIAL NUMBER
CLASS
T
WGEN3
2000 GEN GEN
060597378933 DOWD JU
GEN
WPUMPI
2003 Pioneer 6" PUMP
1
HWP
7W
1999 MQ,KOMATSU PORT
1338419 (GENERATOR)
GEN
GEN
WGEN2
2000 GEN GEN
1338420 AVON WW ODOR
GEN
605W
1999 BROCK 6" PUMP
1B9CPO811WB276150
HMSC
600W
1986 HMD 2W 6" PUMP
1D44293C0
HMSC
330W
1999 FORD FLUSHER4X4
1FDAF57F7XEA46122
HJT
205W
2002 FORD UTILITY
1FDSF31S42EC96716
H4U
145W
1993 FORD L9000
1FDYU90X2PVA00440
HTT
150W
1995 FORD L9000
1FDYU90X7SVA75806
HTD
265W
1991 FORD DUMP TRUCK
1FDYW82A1MVA21708
HTD
270W
1990 FORD L8000 DUMP
1FDYW82A9LVA37900
HTD
215w
1997 VACTOR /FOR JET
1FDZW96M9WVA08688
HJT
TRUCK
170W
2006 FORD ESCAPE HYB
1FMY96HX6KD37017
L4P
305w
1997 CHEVROLET
1GBGK24R3VZ253740
H4U
UT. PLOW4X4
310W
1997 CHEVROLET
1GBGK24R6VZ254252
L4U
UTILITY4X4
315W
1997 CHEVROLET
1GBGK24R7VZ254387
L4U
UTI LITY4X4
85w
2009 CHEVROLET
2500HD
lgbhk29k28el76841
L4UP
90w
2008 CHEVROLET
K2500
1GBHK29K68E177202
L4U
HD
80W
2008 CHEVROLET
K2500
1GBHK29K98E176559
L4U
HD
105W
2002 CHEVROLET
UTILITY
1GBJK34182E159491
H4U
240w
1995 CHEVROLET
S -10
1GCDT14Z1S8250522
L4P
TRUCK
255W
2009 CHEVROLET
1GCDT19E098144241
L4P
Colorado
50w
2008 CHEVROLET
1GCDT19E188183547
L4P
Colorado
290W
2009 CHEVROLET
1GCDT19E198144250
L4P
Colorado
65W
2007 CHEVROLET
1GCDT19E278242314
L4P
Colorado
240W
2009 CHEVROLET
1GCDT19E498144503
L4P
Colorado
275W
2009 CHEVROLET
1GCDT19E598144591
L4P
Colorado
305W
2009 CHEVROLET
1GCDT19E898143970
L4P
Colorado
35W
2003 CHEVROLET
PICKUP
1GCEK14TO3Z288886
L4P
165W
2009 CHEVROLET
1500
1GCEK19039Z183380
L4P
15W
2005 CHEVROLET
1500
1GCEK19Z05Z252891
L4P
180w
1995 CHEVROLET
UTILITY
1GCFK24K2SZ282068
H4U
140w
1995 CHEVROLET
UTILITY
1GCFK24K7SZ281272
H4U
130w
1995 CHEVROLET
UTILITY
1GCFK24K7SZ281918
H4U
250W
1994 CHEVROLET
1GCFK24K8RE230185
L4U
3 /4UTILITY
210W
1991 CHEVROLET
UTILITY
1GCFK24K9ME214554
H4U
155W
2008 CHEVROLET
2500HD
1GCHK24K98E208039
H4U
280W
2003 CHEVROLET
1GCHK24U43E264156
H4U
UT.PLOW4X4
340W
2003 CHEVROLET
1GCHK24U43E266117
H4U
UTILITY4X4
175w
2008 CHEVROLET 2500HD
1GCHK29K48E210483
H4U
235w
2008 CHEVROLET 2500HD
lgchk29k58e212467
H4U
180w
2008 CHEVROLET 2500HD
1GCHK29K88E210292
H4U
120W
2003 CHEVROLET UTILITY
1GCHK29U43E268068
H4U
200w
2003 CHEVROLET UTILITY
1GCHK29U73E264791
H4U
200W
2009 CHEVROLET 2500HD
1GCHK44K79F138774
H4PP
320W
2009 CHEVROLET
1GCHK49K19E135755
H4U
UTILITY4X4
210W
2009 CHEVROLET UTILITY
1GCHK49KX9E135592
H4U
320W
1999 CHEVROLET
1GCK24U5XE241910
H4U
UTILITY4X4
295W
1996 GMC 3 /4UTIL4X4
1GDGK24R1TZ530955
H4U
285w
1996 GMC UT.PLOW4X4
1GDGK24R4TZ530948
H4U
285W
1996 GMC UT.PLOW4X4
1GDGK24R4TZ530948
H4U
350W
2000 GMC 3 /4UTIL4X4
1GDGK24UlYZ292004
H4U
360W
2000 GMC 3 /4UTIL4X4
1GDGK24UXYE335066
H4U
300w
2006 GMC K2500
1GDHK29G86E249341
H4U
140w
2006 GMC K3500
1GDHK39G86E267313
H4P1
45W
2008 CHEVROLET
1GNDT13S482209132
L4U
Trailblazer
40W
1999 CHEVROLET 5 -10
1GNDT13W2XK200768
L4U
BLAZE
30w
1999 CHEVROLET 5 -10
1GNDT13W8XK199917
L4U
BLAZE
260W
2001 GMC TV VAN 4X4
1GTHG39G61162064
LV
395w
2007 GMC 2500HD
1GTHK23U26F266102
H41P
400W
2009 INTERNATIO Work
1HSWYSJT9A3240660
HTT
Star
215w
2008 INTERNATIO Work
1HTWXAHTX9J116052
HJT
Star
410W
1999
ONAN GENERATOR
1S9AP1127XC241267
HMSC
415W
1999
ONAN GENERATOR
1S9HP1422XC241266
HMSC
125W
1999
STERLING DUMP
2FZNEWDB7YAF21809
HTD
TRUCK
135W
1999
STERLING DUMP
2FZNNWDB4XAF06621
HTD
TRUCK
610W
2000
TRVL -VAC VLV BOX
30000136
HMSC
CL
401W
1999
MULTI -QUIP
4AG6U2034XCO28313
HTT
GENERATOR
405W
1999
MULTI -QUIP
4AG6U2036XCO28314
HMSC
GENERATOR
55W
2001
TOYOTA CAMRY
4T1BF22KllU127136
L2A
5W
1997
TOYOTA CAMRY
4T1BF22K2VUO32588
L2A
20W
2000
TOYOTA CAMRY
4T1BF22K3YU105455
L2A
25W
2001
TOYOTA CAMRY
4T1BF22K6IU967820
L2A
low
2005
TOYOTA CAMRY
4T1BF30K95U097673
L2A
60W
2004
TOYOTA CAMRY
4T1BF32K94U073403
L2A
75W
2003
TOYOTA CAMRY
4T1BF32KX3U045544
L2A
30w
2008
TOYOTA CAMRY
4T1BK46K18U560368
L2A
185W
2009
TOYOTA CAMRY
4T1BK46K49U097014
L2A
120W
2009
TOYOTA CAMRY
4T1BK46K69U596588
L2A
185W
1996
TOYOTA PICKUP
4TAPM62N1TZ176193
L4P
220W
2000
TOYOTA TRUCK 4X4
4TAPM62N3YZ662933
L4P
300w
1997
TOYOTA TRUCK 4X4
4TAPM6ZNXVZ314283
L4P
235W
1997
TOYOTA TRUCK 4X4
4TAWN72N5VZ307983
L4P
1TOW
2001
TOYOTA PICKUP
5TEPM62NO1Z816352
L4P
115W
2002
TOYOTA PICKUP
5TEPM62N12Z069796
L4P
195W
2003
TOYOTA PICKUP
5TEPM62N13Z253511
L4P
190W
2003
TOYOTA PICKUP
5TEPM62N53Z250935
L4P
165w
2002
TOYOTA PICKUP
5TEPM62N72Z085422
L4P
225W
2003
TOYOTA TRUCK 4X4
STEPM62N73Z251746
L4P
155W
2001
TOYOTA PICKUP
5TEPM62NO1Z820580
L4P
100w
2006
TOYOTA PICKUP
5TEPX42N76Z288733
L4P
100w2
2000
TOYOTA PICKUP
5TEPX42N76Z288733
L4P
95W
2008
TOYOTA TRUCK 4X4
5TEPX42N88Z565716
L4U
100w
2008
TOYOTA Tacoma
STEPX42NX8Z556936
L4P
130W
2008
TOYOTA Tacoma
5TEUX42N48Z581866
L4P
230W
2003
TOYOTA TRUCK 4X4
5TEWM72N63Z242148
L4P
245W
2003
TOYOTA TRUCK 4X4
5TEWM72NX3Z243416
L4P
WGEN4
2000
GEN GEN
602610 EDWARDS WWP
GEN
WGEN1
2000
GEN GEN
86879 AVON WW PLANT
GEN
611W
1999
TRVL -VAC VLV BOX
99 -111
HMSC
CL
8W
1999
ONAN /CUMNS PORT
D990898877
GEN
GEN
9W
1999
ONAN /CUMNS PORT
D990899518
GEN
GEN
WGEN6
2000
GEN GEN
D990901995 AVON DRIN
GEN
430W
1990
JOHN DEERE 624E
DW624ED530950
HL
425W
1998
JOHN DEERE 624H
DW624HX565220
HL
WGEN7
2000
GEN GEN
E020369566 EDWARDS D
GEN
ERWSD
2001
1 1
EAGLE RIVER WATER
MSC
MSC11
2001
1 1
EAGLE RIVER WATER
MSC
50w
1996
TOYOTA 4 RUNNER
JT3HN86R2T0016511
L4U
160W
2007
TOYOTA CAMRY
JTNBK46K273004865
L2A
450W
2000
JOHN DEERE FIELD
KV0260A261613
HL
OPS
WGENS
2000
GEN GEN
LD -95351 VAIL WWP
GEN
435W
1997
JOHN DEERE 8875
M08875X030602
HL
420W 2000 TOYOTA Fork Lift
440w 1996 JOHN DEERE 710D
440W 2007 JOHN DEERE 710J
445W 1993JENZ SHREDDER
N/A FL
T0710D1822727 HB
T0710JX147089 HB
V174934 HMSC
SERVICE AGREEMENT
This agreement is made and entered into this day of LXUAR � , 009 by and between
Eagle River Water & Sanitation District whose address is 846 Forest Road, Vail Colorado,
81657 (hereafter know as "ERW &SD ") and the Town of Avon whose address is P.O. Box 975,
500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ERW &SD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
ERW &SD vehicles and equipment. Service will be performed on approximately 68
vehicles and 22 pieces of equipment listed in Exhibit A, although the number of vehicles
serviced may be increased or decreased in ERW &SD's sole discretion; provided, the
combined number of vehicles and equipment shall not exceed 100 without the approval
of Contractor. Routine Maintenance will be performed at least every 6,000 miles or 250
hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A
attached hereto.
(b) Repair and replacement work as requested by ERW &SD ( "Repair and Replacement ").
No payment for any Repair and Replacement shall be due unless ERW &SD has approved
of such charges. Services may be commenced with verbal approval by ERW &SD of a
written estimate submitted by Contractor. Repair and Replacement includes, without
limitation, transmissions repairs, engine repairs, rear end repairs and any other work or
repairs exceeding $2,000.00. ERW &SD acknowledges that subcontractors will perform
certain repair work. Contractor shall be responsible for assuring that all such
subcontracted work will be performed promptly and in accordance with the terms and
conditions of this Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ERW &SD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance
and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten
percent. Invoice shall be issued by the 10 "' of each month for services performed the
previous month. Payment shall be remitted within ten (10) days of receipt of invoice.
Contractor's Fueling Facilities may be used by ERW &SD. The cost of Unleaded Gasoline
and Diesel Fuel will be at the Contractor's cost plus ten percent. Contractor's vehicle
washing facility may be used by ERW &SD. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ERW &SD to its employees. Contractor shall provide ERW &SD an
original of its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ERW &SD, and
any attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ERW &SD. Absolutely
no third party beneficiaries are intended by this Agreement. Any third -party receiving a
benefit from this Agreement is an incidental and unintended beneficiary only.
EXECUTED thisc day of /cc � � , 2009.
Eagle River ; Sanitation District
By:
rotk EXECUTED this 0 day of 2009.
TOW F ON
By. �--
EXHIBIT A
WORK
"A" PM
Preventive Maintenance
Inspection
FREQUENCY
6,000 miles or
250 hours
RATE
$105.00 hr.
Plus parts &
sublet
"Annual" every 12months $105.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 5, 2009.
EQUIPMENT MASTER LIST BY SERIAL NUMBER
EQUIPMEN
EQ DESCRIPTION
SERIAL NUMBER
CLASS
T
WGEN3
2000 GEN GEN
060597378933 DOWD JU
GEN
WPUMPI
2003 Pioneer 6" PUMP
1
HWP
7W
1999 MQ,KOMATSU PORT
1338419 (GENERATOR)
GEN
GEN
WGEN2
2000 GEN GEN
1338420 AVON WW ODOR
GEN
605W
1999 BROCK 6" PUMP
1B9CPO811WB276150
HMSC
60OW
1986 HMD 2W 6" PUMP
1D44293C0
HMSC
330W
1999 FORD FLUSHER4X4
1FDAF57F7XEA46122
HJT
205W
2002 FORD UTILITY
1FDSF31S42EC96716
H4U
145W
1993 FORD L9000
1FDYU90X2PVA00440
HTT
150W
1995 FORD L9000
1FDYU90X7SVA75806
HTD
265W
1991 FORD DUMP TRUCK
1FDYW82AlMVA21708
HTD
270W
1990 FORD L8000 DUMP
1FDYW82A9LVA37900
HTD
215w
1997 VACTOR /FOR JET
1FDZW96M9WVA08688
HJT
TRUCK
170W
2006 FORD ESCAPE HYB
1FMY96HX6KD37017
L4P
305w
1997 CHEVROLET
1GBGK24R3VZ253740
H4U
UT. PLOW4X4
31OW
1997 CHEVROLET
1GBGK24R6VZ254252
L4U
UTILITY4X4
315W
1997 CHEVROLET
1GBGK24R7VZ254387
L4U
UTILITY4X4
85w
2009 CHEVROLET
2500HD
lgbhk29k28el76841
1-4UP
90w
2008 CHEVROLET
K2500
1GBHK29K68E177202
L4U
HD
80W
2008 CHEVROLET
K2500
1GBHK29K98E176559
L4U
HD
105W
2002 CHEVROLET
UTILITY
1GBJK34182E159491
H4U
240w
1995 CHEVROLET
S -10
1GCDT14Z1S8250522
L4P
TRUCK
255W
2009 CHEVROLET
1GCDT19E098144241
L4P
Colorado
50w
2008 CHEVROLET
1GCDT19E188183547
L4P
Colorado
290W
2009 CHEVROLET
1GCDT19E198144250
L4P
Colorado
65W
2007 CHEVROLET
1GCDT19E278242314
L4P
Colorado
240W
2009 CHEVROLET
1GCDT19E498144503
L4P
Colorado
275W
2009 CHEVROLET
1GCDT19E598144591
L4P
Colorado
305W
2009 CHEVROLET
1GCDT19E898143970
L4P
Colorado
35W
2003 CHEVROLET
PICKUP
1GCEK14TO3Z288886
L4P
165W
2009 CHEVROLET
1500
1GCEK19039Z183380
L4P
15W
2005 CHEVROLET
1500
1GCEK19Z05Z252891
L4P
180w
1995 CHEVROLET
UTILITY
1GCFK24K2SZ282068
H4U
140w
1995 CHEVROLET
UTILITY
1GCFK24K7SZ281272
H4U
130w
1995 CHEVROLET
UTILITY
1GCFK24K7SZ281918
H4U
250W
1994 CHEVROLET
1GCFK24K8RE230185
L4U
3 /4UTILITY
210W
1991 CHEVROLET
UTILITY
1GCFK24K9ME214554
H4U
155W
2008 CHEVROLET
2500HD
1GCHK24K98E208039
H4U
280W
2003 CHEVROLET
1GCHK24U43E264156
H4U
UT. PLOW4X4
340W
2003 CHEVROLET
1GCHK24U43E266117
H4U
UTILITY4X4
175w
2008 CHEVROLET 2500HD
1GCHK29K48E210483
H4U
235w
2008 CHEVROLET 2500HD
lgchk29k58e212467
H4U
180w
2008 CHEVROLET 2500HD
1GCHK29K88E210292
H4U
120W
2003 CHEVROLET UTILITY
1GCHK29U43E268068
H4U
200w
2003 CHEVROLET UTILITY
1GCHK29U73E264791
H4U
200W
2009 CHEVROLET 2500HD
1GCHK44K79F138774
H4PP
320W
2009 CHEVROLET
1GCHK49K19E135755
H4U
UTILITY4X4
210W
2009 CHEVROLET UTILITY
1GCHK49KX9E135592
H4U
320W
1999 CHEVROLET
1GCK24U5XE241910
H4U
UTILITY4X4
295W
1996 GMC 3 /4UTIL4X4
1GDGK24R1TZ530955
H4U
285w
1996 GMC UT.PLOW4X4
1GDGK24R4TZ530948
H4U
285W
1996 GMC UT.PLOW4X4
1GDGK24R4TZ530948
H4U
350W
2000 GMC 3 /4UTIL4X4
1GDGK24UlYZ292004
H4U
360W
2000 GMC 3 /4UTIL4X4
1GDGK24UXYE335066
H4U
300w
2006 GMC K2500
1GDHK29G86E249341
H4U
140w
2006 GMC K3500
1GDHK39G86E267313
H4P1
45W
2008 CHEVROLET
1GNDT13S482209132
L4U
Trailblazer
40W
1999 CHEVROLET S -10
1GNDT13W2XK200768
L4U
BLAZE
30w
1999 CHEVROLET S -10
1GNDT13W8XK199917
L4U
BLAZE
260W
2001 GMC TV VAN 4X4
1GTHG39G61162064
LV
395w
2007 GMC 2500HD
1GTHK23U26F266102
H41D
400W
2009 INTERNATIO Work
1HSWYSJT9A3240660
HTT
Star
215w
2008 INTERNATIO Work
1HTWXAHTX9J116052
HJT
Star
41OW
1999 ONAN GENERATOR
1S9AP1127XC241267
HMSC
415W
1999 ONAN GENERATOR
1S9HP1422XC241266
HMSC
125W
1999 STERLING DUMP
2FZNEWDB7YAF21809
HTD
TRUCK
135W
1999 STERLING DUMP
2FZNNWDB4XAF06621
HTD
TRUCK
61OW
2000 TRVL -VAC VLV BOX
30000136
HMSC
CL
401W
1999 MULTI -QUIP
4AG6U2034XCO28313
HTT
GENERATOR
405W
1999 MULTI -QUIP
4AG6U2036XCO28314
HMSC
GENERATOR
55W
2001 TOYOTA CAMRY
4T1BF22KllU127136
L2A
SW
1997 TOYOTA CAMRY
4T1BF22K2VUO32588
L2A
20W
2000 TOYOTA CAMRY
4T1BF22K3YU105455
L2A
25W
2001 TOYOTA CAMRY
4T1BF22K6IU967820
L2A
low
2005 TOYOTA CAMRY
4T1BF30K95U097673
L2A
60W
2004 TOYOTA CAMRY
4T1BF32K94U073403
L2A
75W
2003 TOYOTA CAMRY
4T1BF32KX3U045544
L2A
30w
2008 TOYOTA CAMRY
4T1BK46K18U560368
L2A
185W
2009 TOYOTA CAMRY
4T1BK46K49U097014
L2A
120W
2009 TOYOTA CAMRY
4T1BK46K69U596588
L2A
185W
1996 TOYOTA PICKUP
4TAPM62N1TZ176193
L4P
220W
2000 TOYOTA TRUCK 4X4
4TAPM62N3YZ662933
L4P
300w
1997 TOYOTA TRUCK 4X4
4TAPM6ZNXVZ314283
L4P
235W
1997 TOYOTA TRUCK 4X4
4TAWN72N5VZ307983
L4P
110W
2001 TOYOTA PICKUP
5TEPM62N01Z816352
L4P
115W
2002 TOYOTA PICKUP
5TEPM62N12Z069796
L4P
195W
2003 TOYOTA PICKUP
5TEPM62N13Z253511
L4P
190W
2003 TOYOTA PICKUP
5TEPM62N53Z250935
L4P
165w
2002 TOYOTA PICKUP
5TEPM62N72Z085422
L4P
225W
2003 TOYOTA TRUCK 4X4
5TEPM62N73Z251746
L4P
155W
2001 TOYOTA PICKUP
5TEPM62NO1Z820580
L4P
100w
2006 TOYOTA PICKUP
5TEPX42N76Z288733
L4P
100w2
2000 TOYOTA PICKUP
5TEPX42N76Z288733
L4P
95W
2008 TOYOTA TRUCK 4X4
5TEPX42N88Z565716
L4U
100w
2008 TOYOTA Tacoma
STEPX42NX8Z556936
L4P
130W
2008 TOYOTA Tacoma
5TEUX42N48Z581866
L4P
230W
2003 TOYOTA TRUCK 4X4
5TEWM72N63Z242148
L4P
245W
2003 TOYOTA TRUCK 4X4
STEW M72NX3Z243416
L4P
WGEN4
2000 GEN GEN
602610 EDWARDS WWP
GEN
WGEN1
2000 GEN GEN
86B79 AVON WW PLANT
GEN
611W
1999 TRVL -VAC VLV BOX
99 -111
HMSC
CL
8W
1999 ONAN /CUMNS PORT
D990898877
GEN
GEN
9W
1999 ONAN /CUMNS PORT
D990899518
GEN
GEN
WGEN6
2000 GEN GEN
D990901995 AVON DRIN
GEN
430W
1990 JOHN DEERE 624E
DW624ED530950
HL
425W
1998 JOHN DEERE 624H
DW624HX565220
HL
WGEN7
2000 GEN GEN
E020369566 EDWARDS D
GEN
ERWSD
2001 1 1
EAGLE RIVER WATER
MSC
MSC11
2001 1 1
EAGLE RIVER WATER
MSC
50w
1996 TOYOTA 4 RUNNER
3T3HN86R2T0016511
L4U
160W
2007 TOYOTA CAMRY
JTNBK46K273004865
L2A
450W
2000 JOHN DEERE FIELD
KV0260A261613
HL
OPS
WGENS
2000 GEN GEN
LD -95351 VAIL WWP
GEN
435W
1997 JOHN DEERE 8875
M08875X030602
HL
420W
2000 TOYOTA Fork Lift
N/A
FL
440w
1996 JOHN DEERE 710D
T0710D3822727
HB
440W
2007 JOHN DEERE 7103
T0710JX147089
HB
445W
1993 JENZ SHREDDER
V174934
HMSC
�'
SERVICE AGREEMENT
This agreement is made and entered into this. . day of x e - ✓`2008 by and between Eagle River Water &
Sanitation District whose address is 846 Forest Road, Vail Colorado, 81657 (hereafter know as "ERW &SD ") and the Town
of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as
"Contractor').
RECITAL
In consideration of the obligation of ERW &SD to pay the Contractor as herein provided and in consideration of the other
terms and conditions hereof, the parties agree as follows:
Contractor Services: Contractor will, during the term of this Agreement, provide:
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ERW &SD vehicles
and equipment. Service will be performed on approximately 68 vehicles and 22 pieces of equipment,
although the number of vehicles and equipment serviced may be increased or decreased in
ERW &SD's sole discretion; provided, the combined number of vehicles and equipment shall not
exceed 100 without the approval of Contractor. Routine Maintenance will be performed at least every
6,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in
Exhibit A attached hereto.
(b) Repair and replacement work as requested by ERW &SD ( "Repair and Replacement "). No payment
for any Repair and Replacement shall be due unless ERW &SD has approved of such charges.
Services may be commenced with verbal approval by ERW &SD of a written estimate submitted by
Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine
repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ERW &SD
acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible
for assuring that all such subcontracted work will be performed promptly and in accordance with the
terms and conditions of this Agreement.
(collectively the "Services ")
Facilities: Contractor represents that its facilities are in good repair and adequately equipped and
that it has a sufficient staff to perform all work in a timely manner.
Compensation: In consideration of Contractor's services during the term of this Agreement,
ERW &SD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and Repair
and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall
be issued by the 10` of each month for services performed the previous month. Payment shall be
remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by
ERW &SD. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by
ERW &SD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten
percent.
Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate
on December 31, 2009 unless either party fails to substantially perform the duties and obligations it
accordance herewith. In such an event, the other party may terminate this Agreement upon seven
(7) days written notice to that party, unless that party cures the breach within the seven (7) day
remedy period. Either party may terminate this Agreement without cause upon 30 Days written
notice.
Relationships and Taxes: The relationship between the parties is that of independent contracting
parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party
as creating a relationship of principal and agent or partnership, or of a joint venture between the
parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the
Federal Social Security Act. Contractor is not entitled to unemployment compensation or other
employment related benefits, which are otherwise made available by ERW &SD to its employees.
Contractor shall provide ERW &SD an original of its Form W -9 (Request for Taxpayer Identification
Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner.
Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other
warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is
expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be
assigned to any third party without the expressed written consent of ERW &SD, and any attempt to do
so shall render this Agreement null and void and no effect as respects the assignee (s) and shall
constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof
shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or
relinquishment of any right or power hereunder at any time or more times be deemed a waiver or
relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to
the benefit of and be binding upon the parties hereto and their respective heirs, successors in
interest, and legal representatives except as otherwise herein expressly provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity,
performance and enforcement of this Agreement. If any provision of this Agreement shall be held to
be invalid or unenforceable, the validity and enforceability of the remaining provisions of this
Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such change,
modification, or termination is sought.
EXECUTED this day of rte, 2008.
Eagle Riv ater �Oitat 10 B'
By:
i
.nr' f
EXHIBIT A
WORK `
FREQUENCY
RATE
"A" PM
6,000 miles or
$105.00 hr.
Preventive Maintenance
250 hours
Plus parts &
Inspection
sublet
"Annual"
every 12months
$105.00 hr.
Preventive Maintenance
Plus parts &
Inspection
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
October 30, 2008.
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SERVICE AGREEMENT
This agreement is made and entered into this ?*)= day of t�C¢i��e� 2009 by and between
Eagle County Regional Transportation Authority whose address is 500 Broadway, P.O. Box 850
Eagle, CO 81631 -0850 (hereafter know as "ECO") and the Town of Avon whose address is P.O.
Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ECO to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Repair and replacement work as requested by ECO ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless ECO has approved of such
charges. Services may be commenced with verbal approval by ECO of a written estimate
submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. ECO acknowledges that subcontractors will perform certain repair
work. Contractor shall be responsible for assuring that all such subcontracted work will
be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ECO will pay Contractor the shop rate of $105.00 per hour for Repair and Replacement.
Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued
by the 10 of each month for services performed the previous month. Payment shall be
remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be
used by ECO. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost
plus ten percent. Contractor's vehicle washing facility may be used by ECO. Contact TOA
for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ECO to its employees. Contractor shall provide ECO an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ECO, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
S. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ECO. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this day of 5 2009.
Eagle County Regional Transportation Authority
C
EXECUTED this day of e?_, 2009.
TOW F ON
By: C_<
SERVICE AGREEMENT
This agreement is made and entered into this 8" day of 2009 by and between
Town of Minturn whose address is P.O. Box 309, Minturn Colorado, 81645 (hereafter know as
"TOM ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon,
Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of TOM to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the TOM
vehicles and equipment. Service will be performed on approximately 11 vehicles listed
in Exhibit A, although the number of vehicles serviced may be increased or decreased in
TOM's sole discretion; provided, the combined number of vehicles and equipment shall
not exceed 22 without the approval of Contractor. Routine Maintenance will be
performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall
consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by TOM ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless TOM has approved of such
charges. Services may be commenced with verbal approval by TOM of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. TOM acknowledges that subcontractors will perform certain repair
work. Contractor shall be responsible for assuring that all such subcontracted work will
be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
TOM will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and
Repair and Replacement. Materials and sublet work shall be charged at cost phis ten percent.
Invoice shall be issued by the 10 of each month for services performed the previous month.
Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling
Facilities may be used by TOM. The cost of Unleaded Gasoline and Diesel Fuel will be at the
Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by
TOM. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by TOM to its employees. Contractor shall provide TOM an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of TOM, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub- consultant or sub - contractor of TOM. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this VL day of 4V91v EF:- , 2009.
Town of Minturn
By:
EXECUTED this day of (�tl� -M-g� 2009.
r
TOWN A ON '1
By: a
EXHIBIT A
WORK
FREQUENCY
RATE
"A" PM
3,000 miles or
$105.00 hr.
Preventive Maintenance
250 hours
Plus parts &
Inspection
sublet
"Annual"
every 12months
$105.00 hr.
Preventive Maintenance
Plus parts &
Inspection
sublet
NOTE: Included as a part
of Exhibit A is the vehicle listing applicable to this agreement as of
November 4, 2009.
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
4M
2000 DODGE DURANGO
1B4HS28NXYF255768
L4UP
7M
2007 DODGE Dakota
1D3HW28P67S190021
L4P
6M
2006 DODGE DT
1D7HW28N565657232
HTS
8M
2004 FORD F350
1FTSX31PX4EC60013
HTS
5M
2004 FORD DUAL
1FTWF33PX4EC60014
HTS
lm
2005 CHEVROLET Trailblazer EXT
1GNET16M556166328
L4UP
lOm
1985INTERNATIO DT
1HTZP33ROFHA21661
HTD
144M
1992 KENWORTH T600AII
1XKAD69XONS
HTD
3M
2002 CHEVROLET IMPALA
2G1WF55K329241147
L2A
2M
2001 CHEVORELT IMPALA
2G1WF55K919255116
L2A
9M
2004 CATIT38F
6FN00280
HL
11M
2000 CASE 580L
JJG0249826
HB
MIN
2005 TOM 1
TOWN OF MINTURN
HMSC
TOM
2006 1 1
TOWN OF MINTURN
HMSC
SERVICE AGREEMENT
This agreement is made and entered into this - day of O v�� 2009 by and between
Western Eagle County Ambulance District whose address is P.O. Box 1809, Eagle, Colorado
(hereafter know as "WECAD ") and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of WECAD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
WECAD vehicles and equipment. Service will be performed on approximately 6
vehicles listed in Exhibit A, although the number of vehicles serviced may be increased
or decreased in WECAD's sole discretion; provided, the combined number of vehicles
and equipment shall not exceed 20 without the approval of Contractor. Routine
Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine
Maintenance shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by WECAD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless WECAD has approved of
such charges. Services may be commenced with verbal approval by WECAD of a
written estimate submitted by Contractor. Repair and Replacement includes, without
limitation, transmissions repairs, engine repairs, rear end repairs and any other work or
repairs exceeding $2,000.00. WECAD acknowledges that subcontractors will perform
certain repair work. Contractor shall be responsible for assuring that all such
subcontracted work will be performed promptly and in accordance with the terms and
conditions of this Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: hi consideration of Contractor's services during the term of this Agreement,
WECAD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and
Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent.
Invoice shall be issued by the 10"' of each month for services performed the previous month.
Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling
Facilities may be used by WECAD. The cost of Unleaded Gasoline and Diesel Fuel will be at
the Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by
WECAD. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by WECAD to its employees. Contractor shall provide WECAD an original
of its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of WECAD, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub- contractor of WECAD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this day of /VD1 X 2009.
Western E le Con ty ulance District
By:
EXECUTED this day of t., 2009.
TOWN ON
By: ��
[ 0:4:11a]1OR
WORK
"A" PM
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
RATE
$105.00 hr.
Plus parts &
sublet
"Annual" every 12months $105.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 5, 2009.
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
803AW
2003
FORD E450
1FDXE45F43HA19141
AMB
802AW
2003
FORD E450
1FDXE45F63HA19142
AMB
804AW
2003
FORD E450
1FDXE45F73HA60864
AMB
801AW
2008
FORD E450
1FDXE45P78DA77008
AMB
800AW
1999
FORD EXPEDITION
1FMPU18L1XLB40408
L4U
812AW
2004
FORD EXPLORER
1FMZU72K84ZB05532
L4U
808AW
2008
CHEVROLET 2500HD
1GCHK39628E210748
H4P
805AW
2007
CHEVROLET TAHOE
1GNFK13027J346200
L4U
810AW
2007
CHEVROLET TAHOE
1GNFK13027J346200
L4U
SERVICE AGREEMENT
This agreement is made and entered into this ay of 9 s , 2009 by and between
Town of Redcliff whose address is P.O. Box 40, Redcliff, Colorado, 81649 (hereafter know as
"TOR ")and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon,
Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of TOR to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the TOR
vehicles and equipment. Service will be performed on approximately 1 vehicle and I
piece of equipment listed in Exhibit A, although the number of vehicles serviced may be
increased or decreased in TOR's sole discretion; provided the combined number of
vehicles and equipment shall not exceed 12 without the approval of Contractor. Routine
Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine
Maintenance shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by TOR ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless TOR has approved of such
charges. Services may be commenced with verbal approval by TOR of a written estimate
submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. TOR acknowledges that subcontractors will perform certain repair
work. Contractor shall be responsible for assuring that all such subcontracted work will
be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: hi consideration of Contractor's services during the term of this Agreement,
TOR will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and
Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent.
hivoice shall be issued by the 10 of each month for services performed the previous month.
Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling
Facilities may be used by TOR. The cost of Unleaded Gasoline and Diesel Fuel will be at the
Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by
TOR. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by TOR to its employees. Contractor shall provide TOR an original of its
Farm W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of TOR, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Inmzunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of TOR. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
<° r
EXECUTED this IV da y of 1 2009.
Toi
EXECUTED this 9�_ day of `l�e , 2009.
TOWN � A ON
By: �� c /
EXHIBIT A
WORK
"A" PM
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
RATE
$105.00 hr.
Plus parts &
sublet
"Annual"
Preventive Maintenance
Inspection
every 12months
$105.00 hr.
Plus parts &
sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 5, 2009.
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
45R
1996 CHEVROLET K2500
1GCGK24ROTZ212698
H4PP
1R
1995INTERNATIO DUMP TRUCK
1HTSDAARXSH242964
HTD
2r
1995 JOHN DEERE 544E
DW544EB534519
HL
SERVICE AGREEMENT
j-�
This agreement is made and entered into this o day of , 2009 by and between
Greater Eagle Fire Protection District whose address is P.O. Box 961, Eagle Colorado, 81631
(hereafter know as "GEFPD ")and the Town of Avon whose address is P.O. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of GEFPD to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the ten - ii of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the
GEFPD vehicles and equipment. Service will be performed on approximately 6 vehicles
and equipment in Exhibit A, although the number of vehicles serviced may be increased
or decreased in GEFPD's sole discretion; provided, the combined number of vehicles and
equipment shall not exceed 25 without the approval of Contractor. Routine Maintenance
will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work, as requested by GEFPD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless GEFPD has approved of
such charges. Services may be commenced with verbal approval by GEFPD of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. GEFPD acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
GEFPD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and
Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent.
Invoice shall be issued by the 10` of each month for services performed the previous month.
Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling
Facilities may be used by GEFPD. The cost of Unleaded Gasoline and Diesel Fuel will be at
the Contractor's cost phis ten percent. Contractor's vehicle washing facility may be used by
GEFPD. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perfonn the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by GEFPD to its employees. Contractor shall provide GEFPD an original of
its Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of GEFPD, and any
attempt to do so shall render this Agreement mill and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part I of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub- contractor of GEFPD. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this � .- day of V U , 2009.
Greater Eagle Fire Protection District
By: �-- A M
EXECUTED this day of , 2009.
TOW F A ON
By: �-
EXHIBIT A
WORK
"A" PM
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
RATE
$105.00 hr.
Plus parts &
sublet
"Annual" every 12months $105.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 5, 2009.
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
912E
1998
FORD F550
1FDAF57F8XAE83616
LP
914E
2003
FORD F450
1FDXX47S44EB12880
LP
935E
1999
PIERCE DASH
4P1CT02SOXA000015
LT
915E
1995
PIERCE Saber
4P1CT02U9TA000122
HP
924E
1997
PIERCE Saber
4P1CT02U9WA000187
HP
920E
1979
FORD L9000
U90WVGH1479
HWT
SERVICE AGREEMENT
This agreement is made and entered into this 20 day of b4�,e a L , 2009 by and between
Eagle County Hazmat Team whose address is P.O. Box 1388, Avon Colorado, 81620 (hereafter
know as "ECHT ") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch
Road, Avon, Colorado, 81620 (hereafter designated as "Contractor ").
In consideration of the obligation of ECHT to pay the Contractor as herein provided and in
consideration of the other terms and conditions hereof, the parties agree as follows:
1. Contractor Services: Contractor will, during the term of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the ECHT
vehicles and equipment. Service will be performed on approximately 1 vehicle and 3
trailers listed in Exhibit A, although the number of vehicles serviced may be increased or
decreased in ECHT's sole discretion; provided the combined number of vehicles and
equipment shall not exceed 10 without the approval of Contractor. Routine Maintenance
will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance
shall consist of those services outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by ECHT ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless ECHT has approved of such
charges. Services may be commenced with verbal approval by ECHT of a written
estimate submitted by Contractor. Repair and Replacement includes, without limitation,
transmissions repairs, engine repairs, rear end repairs and any other work or repairs
exceeding $2,000.00. ECHT acknowledges that subcontractors will perform certain
repair work. Contractor shall be responsible for assuring that all such subcontracted work
will be performed promptly and in accordance with the terms and conditions of this
Agreement.
2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped
and that it has a sufficient staff to perform all work in a timely manner.
3. Compensation: In consideration of Contractor's services during the term of this Agreement,
ECHT will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and
Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent.
Invoice shall be issued by the 10 "' of each month for services performed the previous month.
Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling
Facilities may be used by ECHT. The cost of Unleaded Gasoline and Diesel Fuel will be at
the Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by
ECHT. Contact TOA for current wash rates.
4. Terms and Termination: This Agreement will be effective as of January 1, 2010 and will
terminate on December 31, 2010 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the other party may terminate this
Agreement upon seven (7) days written notice to that party, unless that party cures the breach
within the seven (7) day remedy period. Either party may terminate this Agreement without
cause upon thirty (30) days written notice.
5. Relationships and Taxes: The relationship between the parties is that of independent
contracting parties, and nothing herein shall be deemed or construed by the parties hereto or
by any third party as creating a relationship of principal and agent or partnership, or of a joint
venture between the parties. Contractor shall be solely responsible for any tax, withholding
or contribution levied by the Federal Social Security Act. Contractor is not entitled to
unemployment compensation or other employment related benefits, which are otherwise
made available by ECHT to its employees. Contractor shall provide ECHT an original of its
Form W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu
of all other warranties, express or implied. Contractor's sole liability hereunder, whether in
tort or in contract, is expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may
not be assigned to any third party without the expressed written consent of ECHT, and any
attempt to do so shall render this Agreement null and void and no effect as respects the
assignee (s) and shall constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or
conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor
shall any waiver or relinquishment of any right or power hereunder at any time or more times
be deemed a waiver or relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to,
inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors in interest, and legal representatives except as otherwise herein expressly
provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation,
validity, performance and enforcement of this Agreement. If any provision of this
Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be liable for any indirect or consequential damages which
may arise from any breach of this Service Agreement by Contractor or which may arise by
the Contractor's breach of warranty.
13. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Contractor, its officials, employees, contractors, or agents, or any other person acting
on behalf of the Contractor and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
14. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third party, including any agent, sub - consultant or sub - contractor of ECHT. Absolutely no
third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
EXECUTED this 730 day of 4Dzc,? , 2009.
Eagle County Hazmat Team
iA
EXECUTED this ' day of QL , 2009.
TOW OF VON
By-
EXHIBIT A
WORK
"A" PM
Preventive Maintenance
Inspection
FREQUENCY
3,000 miles or
250 hours
RATE
$105.00 hr.
Plus parts &
sublet
"Annual" every 12months $105.00 hr.
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
November 5, 2009,
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
1HM
2005 FORD F450
1FDWX47P75EC98558
HTl
HMRT1
2003 HAULMARK EG85X20WT4
16HGB20224UO35361
HT
2010 Parking A- reenlent
ECO -Aeon
SERVICE AGREEMENT
THIS AGREEMENT is entered into the day ofdLQ,(j�?009, 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 /l0amp 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
assigns 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, upon demand by Avon, for the cost of repairing
any damage to the Premises caused by acts or omissions of ECO.
(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.
(1) 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.
Page 1 of 2
2010 Parking Agreement
ECO -Avon
showers, Internet, coffee /cocoa station, and break room) is included at no additional
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 bill 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, 2010 and terminates December 31, 2010 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 extend permitted by law to indemnify, defend and
hold harmless TOA, its respective agents, officers and employees of and from any loss,
cost, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever, including reasonable attorneys fees arising out of acts or omissions of ECO, or
those of ECO's 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. ECO must provide
insurance in the amount of $1,000,000 per occurrence and $1,000,000 aggregate.
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: Ron Wolfe
Mayor 0 r> ,
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
By: Harry Taylor
Director ECO Transit Signatu
►a 12(01
Date
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Date
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