09-20-2012 3rd Party Fleet Maintenance and Bus Parking Agreement 2012-2013VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this r.&iday of 2012 by and between
Beaver Creek Metropolitan District whose address is P.O. Box 2560, Edwards Colorado, 81632
(hereafter know as "BCMD ") 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 BCMD 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
BCMD Public Works vehicles and equipment. Service will be performed on
approximately 24 vehicles and equipment listed in Exhibit A. The number of vehicles
serviced may be increased or decreased in BCMD's sole discretion. Routine Maintenance
will be performed at a minimum frequency and scope of work consistent with the
manufacturer's recommendations or when initiated at the request of BCMD.
(b) Repair and replacement work as requested by BCMD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless BCMD has approved of
such charges. Services may be commenced with verbal approval by BCMD of a written
or verbal estimate provided 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. BCMD 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,
BCMD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10'h of each
month for services performed the previous month. Payment shall be remitted within thirty
(30) days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The
cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten cents per
gallon. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for
current wash rates. I,ate payment and past due amounts shall be subject to interest as set
forth in Chapter 3.32 of the Avon Municipal Code.
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 6
9/19/2012
4. Terms and Termination: This Agreement will be effective as of October 1, 2012 and will
terminate on September 30, 2013 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 BCMD to its employees. Contractor shall provide BCMD 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 at contractor's sole cost and
expense. 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 BCMD, 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.
8/29/12
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 BCMD. 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.
15. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town and
BCMD are subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties
do not intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal
year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Parties are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Parties' current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Parties payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of the Parties, , and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
I
EXECUTED this v,G' day of � t -_ 2012.
Beaver Crreek/Metroop /o.,litan /District
`''
EXECUTED this 1 � day of � �, 2012.
TOWN OF AVON
By: a -
3
8/29/12
EXHIBIT C
shed to Transportation System Agreement (Parking Lot Service) between the
r Creek Metropolitan District and The Vail Corporation, dated to be effective
November 1., 2012)
VE
. #
VIN #
DESCRIPTION
2
6
15GGD2712B1179466
Diesel bus LF
1
8
15GGD2717A1177758
Diesel bus LF
0$2
15GGD271XB1177582
Diesel bus LF
0$3
15GGD271X81177683
Diesel bus LF
9
0
15GGD271X81079690
Diesel bus LF
901
15GGD271181079691
Diesel' bus LF
646
1Z9B6DTS55W216146
Diesel bus LF
647
1Z9B6DTS55W216147
Diesel bus LF
648
1 Z9B6DTS55W216148
Diesel bus LF
649
1Z9B6DTS55W216149
Diesel bus LF
769
1 Z9B7DTS56W216159
Diesel bus LF
7$0
1Z987DTS16W216160
Diesel bus LF
861
1Z91135138834W216251
Diesel bus LF
$
2
1Z9B5BSS54W216252
Diesel bus 1-F
906
1N9362345BA140296
Diesel bus LF
907
1 N9362347BA140297
Diesel bus LF
848
1 15GCD2010T1087501
Diesel bus
0
7
1 HVBTAFM08W555047
30-pax gasoline bus LF
0
6
1 HVBTAFMOBW655076
30- ax gasoline bus LF
7q2-
1GBJ5V1G27F419462
30-pax clasoline bus
70
1 1GBJ5V1GX7F419693
I 30-pax ga soline bus
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this 4&fday of 2012 by and between
Beaver Creek Metropolitan District whose address is P.O. Box 2560, Edwards Colorado, 81632
(hereafter know as "BCMD ") 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 BCMD 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
BCMD Public Works vehicles and equipment. Service will be performed on
approximately 24 vehicles and equipment listed in Exhibit A. The number of vehicles
serviced may be increased or decreased in BCMD's sole discretion. Routine Maintenance
will be performed at a minimum frequency and scope of work consistent with the
manufacturer's recommendations or when initiated at the request of BCMD.
(b) Repair and replacement work as requested by BCMD ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless BCMD has approved of
such charges. Services may be commenced with verbal approval by BCMD of a written
or verbal estimate provided 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. BCMD 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,
BCMD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10`h of each
month for services performed the previous month. Payment shall be remitted within thirty
(30) days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The
cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten cents per
gallon. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for
current wash rates. Late payment and past due amounts shall be subject to interest as set
forth in Chapter 3.32 of the Avon Municipal Code.
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page i of 6
9/19/2012
4. he cost of unleaded gasoline and diesel fuel will be at the Contractor's cost plus ten percent
(10 %). Contractor's vehicle washing facility may be used by BCMD subject to such wash
rates as Contractor shall establish and may amend from time to time.
5. Terms and Termination: This Agreement will be effective as of January 1, 2013 and will
terminate on December 31, 2013 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
6. 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 BCMD to its employees. Contractor shall provide BCMD an original of
its Form W -9 (Request for Taxpayer Identification Number of Certification).
7. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike
manner. Contractor shall promptly correct any defective work at contractor's sole cost and
expense. 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.
8. 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 BCMD, 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.
9. 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.
10. 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.
11. 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.
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 6
9/19/2012
12. 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.
13. 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.
14. 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.
15. 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 BCMD. 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.
16. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town and
BCMD are subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties
do not intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal
year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Parties are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Parties' current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Parties payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of the Parties, , and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of
2012.
Beaver Creek Metropolitan District
ZBy: ` G '
EXECUTED this Iq(day ofivJ�1,
2012.
TOWN OF AVON
By•
c
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 6
9/19/2012
EQUIPMENT
EQ DESCRIPTION
SERIAL NUMBER
CLASS
101BC
2010 Ford F350 Pick up
1FTRF3BT7BEA75301
Light
102BC
Peterbilt 386 w /plow
SNP- H49X- 8- BD122336
Heavy
901BC
Peterbilt 367 dump truck
1NPTMOOX7AD105040
Heavy
7802BC
1999 BANDIT 250XP CHIP
014526
Light
77088C
2007 Sullivan Compressor
1
Light
7755BC
2000 Bear Cat Crack Sealer
1
Light
802BC
1999 BANDIT CHIPPER
1
Light
502BC
2005 FORD F350
1FDSF35P95EC37607
Light
501BC
2005 FORD F350
1FTWF31P35EC29014
Light
7703BC
2002 FRGHTLINER FLD1125D
1FVAAEA832P]64697
Heavy
601BC
1999 TRAILMAX GTD -20 -7
1G9KS3323XA065372
Heavy
7602BC
2005 GMC T7500
1GDM7F132SF533377
Heavy
798BC
1999INTERNATIO 5000 4X4
1HTTNAHT6XJ001969
Heavy
603BC
2010 TOYOTA Sequoia
5TDBT48AX5S248099
Light
785BC
1999 CAT 938G
6WS01037
Heavy
737BC
1990 CAT 140G BLADE
72V13202
Heavy
7801bc
1998 BROCE SWEEPER
89007
Heavy
783BC
1990 FAIR MFG 742SI
C78FMJD7489
Heavy
796BC
2005 CAT 2878
CAT0287BPZSA01846
Heavy
804BC
2007 JOHN DEERE 624J
DW624JZ614010
Heavy
803BC
2007 KAWASAKI MULE
JKIAFDB137B514174
Light
7601BC
2006 JOHN DEERE 310 SG HOE
T0310SG956058
Heavy
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 5 of 6
9/19/2012
6065C 2004 MERCEDES UNIMOG W D6DE4CS744204863 Heavy
605BC 2007 MERCEDES UNIMOG WD7DE4CS664211379 Heavy
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 6 of 6
9/19/2012
SG Cd✓ %�� COPY
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this Z 64 day of &, ,- , 2012 by and between
Western Eagle County Ambulance District whose address is P.O. Box 1809, Eagle, Colorado
(hereafter known 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 9
vehicles and equipment listed in Exhibit A. The number of vehicles serviced may be
increased or decreased in WECAD's sole discretion. Routine Maintenance will be
performed at a minimum frequency and scope of work consistent with the manufacturer's
recommendations or when initiated at the request of WECAD.
(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 or verbal estimate provided 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. C Compensation: In consideration of Contractor's services during the term of this
Agreement, WECAD will pay Contractor a unit hourly shop rate for Routine Maintenance
and Repair and Replacement. This unit rate shall be $IO2.00 per hour for light duty vehicles
and equipment and $110 per hour for heavy duty vehicles and equipment. Materials and
sublet work shall be charged at cost plus fifteen percent (15 %). Invoice shall be issued by
the 10"' of each month for services performed the previous month. Payment shall be remitted
within thirty (30) 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 cents per gallon. Contractor's vehicle washing facility may be used by WECAD.
Contact TOA for current wash rates. Late payment and past due amounts shall be subject to
interest as set forth in Chapter 3.32 of the Avon Municipal Code.
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 1 of 5
09/21/2012
4. Compensation: In consideration of Contractor's services during the term of this Agreement,
WECAD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the I 01 of each
month for services performed the previous month. Payment shall be remitted within thirty
(30) 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
(10 %). Contractor's vehicle washing facility may be used by WECAD subject to such wash
rates as Contractor shall establish and may arnend from time to time.
5. Terms and Termination: This Agreement will be effective as of January 1, 2013 and will
terminate on December 31, 2013 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing thirty (30) days
written notice.
6. 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).
7. 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.
8. 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.
9. 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.
10. 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,
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 5
09/21/2012
successors in interest, and legal representatives except as otherwise herein expressly
provided.
11. 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.
12. 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.
13. 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.
14. 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.
IS. 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.
16. Article X, Section 201TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR"). The Parties do not
intend to violate the terns and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi -fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 5
09/21/2012
EXECUTED this ta`- day of
2012.
Western Eagle. County A u ance District
By: (/AV -, /,�
EXECUTED this 0 day o ,
2-0+2. Z' c 3
TOWN OF AVON
By:
2012 Town of Avon Vehicle and Equipment Maintenance Contract
Page 4 of 5
09/21/2012
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
h
This agreement is made and entered into this. '
— day ofQ{Cl�2012 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 performed on approximately 12 vehicles and
equipment listed in Exhibit A. The number of vehicles serviced may be increased or
decreased in ECAD's sole discretion. Routine Maintenance will be perfonned at a
minimum frequency and scope of work consistent with the manufacturer's
reconnnendations or when initiated at the request of ECAD.
(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
or verbal estimate provided 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 tern of this Agreement,
ECAD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10'1' of each
month for services performed the previous month. Payment shall be remitted within thirty
(30) 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 cents per
gallon. Contractor's vehicle washing facility may be used by ECAD. Contact TOA for
current wash rates. Late payment and past due amounts shall be subject to interest as set
forth in Chapter 3.32 of the Avon Municipal Code.
2013 Town of Avon Vehicle and Equipment Maintenance Contract
Page i of 4
10/02/2012
4. Terms and Termination: This Agreement will be effective as of January 1, 2013 and will
terminate on December 31, 2013 unless either party fails to substantially perform the duties
and obligations in accordance herewith In such an event, the non-defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing 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 ofprincipal 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 EGAD, 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
2013 Town of Avon Vehicle and Equipment Ma intenance Contract
Page 2 of 4
I0/02/2012
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 ul this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claun 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 thud -party receiving a benefit
from this Agreement is an incidental and unintended beneficiary only.
15. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town and
the District are subject to Article X, § 20 of the Colorado Constitution ( "TABOR"). The
Parties do not intend to violate the terms and requirements of TABOR by the execution of
this Agreement. It is understood and agreed that this Agreement does not create a multi -
fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the teen of the Town's current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
��-- 0 �t
EXECUTED this .day of EXECUTED this,3 ' day of
2012. 2012.
Eagle County A)a}bulance District TOWN OF AVON
2013 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 4
10(02/2012
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of , 2012 by and between
Regional Hazardous Material Association of Eagle County whose address is P.O. Box 1388,
Avon Colorado, 81620 (hereafter know as "RHMA ") 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 RHMA 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
RHMA vehicles and equipment. Service will be performed on approximately 2 vehicles
and equipment listed in Exhibit A. The number of vehicles serviced may be increased or
decreased in RHMA's sole discretion. Routine Maintenance will be performed at a
minimum frequency and scope of work consistent with the manufacturer's
recommendations or when initiated at the request of RHMA.
(b) Repair and replacement work as requested by RHMA ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless RHMA has approved of
such charges. Services may be commenced with verbal approval by RHMA of a written
or verbal estimate provided 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. RHMA 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,
RHMA will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10th of each
month for services perfonned the previous month. Payment shall be remitted within thirty
(30) days of receipt of invoice. Contractor's Fueling Facilities may be used by RHMA. The
cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten cents per
gallon. Contractor's vehicle washing facility may be used by RHMA. Contact TOA for
current wash rates. Late payment and past due amounts shall be subject to interest as set
forth in Chapter 3.32 of the Avon Municipal Code.
2013 Town of Avon Vebicle and Equipment Maintenance Contract
Page 1 of 4
10/02/2012
4. Terms and Termination: This Agreement will be effective as of January 1, 2013 and will
terminate on December 31, 2013 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing 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 RHMA to its employees. Contractor shall provide RHMA 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 RHMA, 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
2013 Town of Avon Vehicle and Equipment Maintenance Contract
Page 2 of 4
10/02/2012
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 RHMA. 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.
15. Article X, Section 20/TABOR The Parties understand and acknowledge that the Town and
RHMA are subject to Article X, § 20 of the Colorado Constitution ( "TABOR"). The Parties
do not intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a multi -fiscal
year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Town's current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of EXECUTED this day of UG ,
2012. 2012.
Regional Hazardous Material Assciation of TOWN OF AVON
Eagle County
i
By:( �11
ikx 3 1
By:
2013 Town of Avon Vehicle and Equipment Maintenance Contract
Page 3 of 4
10/02/2012
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this �_ day of 2012 by and between
Vail Valley Medical Center whose address is (please fill in) (hereafter known as "VVMC ") 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 VVMC 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
VVMC vehicles and equipment. Service will be performed on approximately I transit
bus listed in Exhibit A. The number of vehicles serviced may be increased or decreased
at VVMC's sole discretion. Routine Maintenance will be performed at a minimum
frequency and scope of work consistent with the manufacturer's recommendations or
when initiated at the request of VVMC
(b) Repair and replacement work as requested by VVMC ( "Repair and Replacement "). No
payment for any Repair and Replacement shall be due unless VVMC has approved of
such charges. Services may be commenced with verbal approval by VVMC of a written
or verbal estimate provided 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. VVMC 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,
VVMC will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10"' of each
month for services performed the previous month. Payment shall be remitted within thirty
(30) days of receipt of invoice. Contractor's Fueling Facilities may be used by VVMC. The
cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten cents per
gallon. Contractor's vehicle washing facility may be used by VVMC. Contact TOA for
current wash rates. Late payment and past due amounts shall be subject to interest as set
forth in Chapter 3.32 of the Avon Municipal Code.
2013 Town of Avon Vehicle Maintenance Contract 11/06/2012
Pagel of 3
4. Terms and Termination: This Agreement will be effective as of November 6, 2012 and will
terminate on December 31, 2013 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing 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 VVMC to its employees. Contractor shall provide VVMC 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 VVMC, 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.
2013 Town of Avon Vehicle Maintenance Contract 11/06/2012
Page 2 of 3
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 VVMC. 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.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town and
VVMC are subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties
do not intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal
year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Town's current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this A2_ day of EXECUTED this 00
2012. 241-2. ZD l3
VA
En
1,
TOWN OF AVON
By:
day of ,
2013 Town of Avon Vehicle Maintenance Contract 11/06/2012
Page 3 of 3
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of tole %�, X2012 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 12 vehicles and
equipment listed in Exhibit A. The number of vehicles serviced may be increased or
decreased in TOM's sole discretion. Routine Maintenance will be performed at a
minimum frequency and scope of work consistent with the manufacturer's
recommendations or when initiated at the request of TOM.
(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 or
verbal estimate provided 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 a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10th of each
month for services performed the previous month. Payment shall be remitted within thirty
(30) 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 cents per
gallon. Contractor's vehicle washing facility may be used by TOM. Contact TOA for current
wash rates. Late payment and past due amounts shall be subject to interest as set forth in
Chapter 3.32 of the Avon Municipal Code.
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page 1 of 4
4. Terms and Termination: This Agreement will be effective as of January 1, 2013 and will
terminate on December 31, 2013 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing 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 tunes.
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.
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page_2 of 4
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 Part., 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.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town of
Avon and TOM are subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The
Parties do not intend to violate the terms and requirements of TABOR by the execution of
this Agreement. It is understood and agreed that this Agreement does not create a multi -
fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Town's current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated. 1
EXECUTED this day of (�— EXECUTED hi day of
2012. 2012.
Town of Minturn
By:
TOWN OF AVON
By: pmxlc�t 3 (9ch
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page 3 of 4
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into this day of +Qm 2012 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 ERFPD 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
ERFPD vehicles and equipment. Service will be performed on approximately 32
vehicles and equipment listed in Exhibit A. The number of vehicles serviced may be
increased or decreased in ERFPD's sole discretion. Routine Maintenance will be
performed at a minimum frequency and scope of work consistent with the manufacturer's
recommendations or when initiated at the request of ERFPD.
(b) Repair and replacement work as requested by ERFPD ( "Repair and Replacement"). No
payment for any Repair and Replacement shall be due unless ERFPD has approved of
such charges. Services may be commenced with verbal approval by ERFPD of a written
or verbal estimate provided 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. ERFPD 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,
ERFPD will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Parts and sublet work shall be
charged at cost plus fifteen percent (15 %). In addition, a miscellaneous shop charge of ten
percent (10 %) of the labor cost per work order covers miscellaneous supplies and parts not
otherwise billed. Invoice shall be issued by the 10th of each month for services performed the
previous month. Payment shall be remitted within thirty (30) days of receipt of invoice.
Contractor's Fueling Facilities may be used by ERFPD. The cost of Unleaded Gasoline and
Diesel Fuel will be at the Contractor's cost plus ten cents per gallon. Contractor's vehicle
washing facility may be used by ERFPD. Contact TOA for current wash rates. Late payment
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page 1 of 4
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 ERFPD. 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.
15. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town and
the District are subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The
Parties do not intend to violate the terms and requirements of TABOR by the execution of
this Agreement. It is understood and agreed that this Agreement does not create a multi -
fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Town's current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this day of ,
2012.
Eagle River Fire Protection District
By:
P/1' "7- 1
EXECUTED this G-,W ay of 1V
2012.
TOWN OF ,AVON
Y:
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page 3 of 4
This agreement is made and entered into this All
day of Xf' 2013 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 tenn of this Agreement, provide the
following services (collectively the "Services "):
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of ECO
vehicles and equipment. Service will be performed on any of the vehicles listed in
Exhibit A. The number of vehicles serviced may be increased or decreased in ECO's
sole discretion. Routine Maintenance will be performed at a minimum frequency and
scope of work consistent with the manufacturer's recommendations or when initiated at
the request of ECO.
(b) 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 or
verbal estimate provided 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 terns 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 marnler.
3. Compensation: In consideration of Contractor's services during the tern of this Agreement,
ECO will pay Contractor a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10'11 of each
month for services performed the previous month. Payment shall be remitted within thirty
(30) 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 cents per
gallon. Contractor's vehicle washing facility may be used by ECO. Contact TOA for current
wash rates. Late payment and past due amounts shall be subject to interest as set forth in
Chapter 3.32 of the Avon Municipal Code.
2013 Town of Avon Vehicle Maintenance Contract 10/02/2012
Page 1 of 4
4. 'Terms and 'Termination: This Agreement will be effective as of January 1, 2013 and will
tenninate on December 31, 2013 unless either party fails to substantially perfonn the duties
and obligations in accordance herewith. In such an event, the non- defaulting party may
tenninate this Agreement by providing seven (7) days written notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may tenninate this Agreement without cause by providing thirty (30) days
written notice.
5. Relationships and 'faxes: 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
Fonn W -9 (Request for Taxpayer Identification Number of Certification).
6. Warranty: Contractor shall perfonn 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 relinquislunent 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 tenninate 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.
2013 Town of Avon Vehicle Maintenance Contract 10/02/2012
Page 2 of 4
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 govenunental 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, govenunental immunity afforded or available
pursuant to the Colorado Govenunental 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.
15. Article X, Section 20 /TABOR: The Parties understand and acknowledge that the Town and
ECO are subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do
not intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a multi -fiscal
year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Town's current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
tenninated.
EXECUTED this % day of Via— ,
2013.
EAGLE COUNTY
'7'1„
EXECUTED this 7a day of ,
2013.
By: ®� By:
2013 Town of Avon Vehicle Maintenance Contract
Page 3 of 4
�
10/02/2012
WORK FREQUENCY RATE
"A" PM 3,000 miles or $102.00 hr. Light
$110.00 hr. Heavy
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $102.00 hr. Light
$110.00 hr. Heavy
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
January 8, 2013. Parties acknowledge that vehicle list may change as fleet is bought or sold by ECO.
VIN
Pass
Manuf/Type
Owner
Unit #
Code
15GCD2114W1089054
43
Gillig Phantom
ECO
853
H
15GCD2116W1089055
43
Gillig Phantom
ECO
854
H
15GCD2115W1089516
43
Gillig Phantom
ECO
855
H
15GCD2117X1089518
43
Gillig Phantom
ECO
857
H
15GCD211X11111667
43
Gillig Phantom
ECO
861
H
15GCD211X11111678
43
Gillig Phantom
ECO
862
H
15GCD211031112289
43
Gillig Phantom
ECO
863
H
15GCD211X41112043
43
Gillig Phantom
ECO
864
H
15GCD211551112100
43
Gillig Phantom
ECO
865
H
15GCD211751112101
43
Gillig Phantom
ECO
866
H
15GGD211061077548
37
Gillig BRT
ECO
867
H
15GGD211061077549
37
Gillig BRT
ECO
868
H
15GGD211371078324
37
Gillig BRT
ECO
869
H
15GGD211971078327
37
Gililig BRT
ECO
870
H
15GGD211971078103
37
Gilllig BRT
ECO
871
H
15GGD211071078104
37
Gillig BRT
ECO
872
H
15GGD211271078105
37
Gillig BRT
ECO
873
H
15GGD211471078106
37
Gillig BRT
ECO
874
H
15GGD211671078107
37
Gillig BRT
ECO
875
H
1GBE5V1927F426429
20
Chevy 5500
ECO
452
L
1GBE5V1987F426483
20
Chevy 5500
ECO
453
L
1GBE5V1997F426508
20
Chevy 5500
ECO
454
L
15GGD211481078857
37
Gillig BRT
ECO
876
H
15GGD211681078858
37
Gillig BRT
ECO
877
H
15GGD211781078859
37
Gillig BRT
ECO
878
H
15GGD211381078860
37
Gillig BRT
ECO
879
H
15GGD211491177009
37
Gillig BRT
ECO
880
H
15GGD211091177010
37
Gillig BRT
ECO
881
H
15GGD211291177011 .
37
Gillig BRT
ECO
882
H
1 GB9G5A68A1105503
6
Chevy Arboc
ECO
455
L
15GGD2713A1177756
37
Gilliq BRT
ECO
883
H
15GGD2715A1177757
37
Gillig BRT
ECO
884
H
15GGD2710C1179953
37
Gillig BRT
ECO
885
H
2013 Town of Avon Vehicle Maintenance Contract 10/02/2012
Page 4 of 4
01- 22- 13;01:33PM;Protection District
;9703287280 # 1/ 4
VEHICLE AND EQUIPMENT MAINTENANCE SERVICE AGREEMENT
This agreement is made and entered into d" '3 / day of d" by and between
Greater Eagle Fire Protection District whose address is P.O. Box 961, Eagle Colorado, 81631
(hereafter known as "GEFPD ")and the Town of Avon whose address is P.Q. Box 975, 500 Swift
Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor").
In consideration of the obligation of GFFPD 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
GEFPD vehicles and equipment. Service will be performed on approximately 7 vehicles
and equipment listed in Exhibit A. The number of vehicles serviced may be increased or
decreased in GEFPD's sole discretion. Routine Maintenance will be performed at a
minimum frequency and scope of work consistent with the manufacturer's
recommendations or when initiated at the request of GEFPD.
(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
or verbal estimate provided 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 a unit hourly shop rate for Routine Maintenance and Repair and
Replacement. This unit rate shall be $102.00 per hour for light duty vehicles and equipment
and $110 per hour for heavy duty vehicles and equipment. Materials and sublet work shall
be charged at cost plus fifteen percent (15 %). Invoice shall be issued by the 10`" of each
month for services performed the previous month. Payment shall be rer pitted within thirty
(30) 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 plus ten cents per
gallon. Contractor's vehicle washing facility may be used by .GEFPD. Contact TQA for
current wash rates. Late payment and past due amounts shall be subject to interest as set
forth in Chapter 3.32 of the Avon Municipal Code.
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page 1 of 4
01- 22- 13 ;01:33PM;Protection District
;9703287280 # 2/ 4
4. Terms and 'Termination: This Agreement will be effective as of January 1, 2013 and will
terminate on December 31, 2013 unless either party fails to substantially perform the duties
and obligations in accordance herewith. In such an event, the non - defaulting party may
terminate this Agreement by providing seven (7) days written, -notice to that the defaulting
party, unless the defaulting party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause by providing 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 Crl✓FPD, and any
attempt to do so shall render this Agrees -Went 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.
14. 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.
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page 2 of 4
01- 22- 13 ;01:33PM;Protection District
;9703287280 # 3/ 4
12. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits: Parties
agree that the Contractor shall not be Iiable 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 +Goveromental 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 Benefxciarics: 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.
15. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town and
GEFPD are subject to Article X, § 20 of the Colorado Constitution ( "TABOIV'). The Parties
do not intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a multi - fiscal
year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Town's current fiscal period ending upon the next succeeding
December 31, Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the Failure to appropriate such funds, this Agreement shall be
terminated.
EXECUTED this j day of� � EXECUTED this �0 day of Jo_ku
2012. �O l
Greater Eagle Fire Protection District TOWN OF AVON
By: r—
By;
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page 3 of 4
01- 22- 13;01:33PM;Protection District
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
September 22, 201
;9703287280 # 4/ 4
AN
1FDAF57FSXAE83616
Year
11998
Martufaddrer
IFord
Equipment.T71pe.
IF550
Unit.
1912
"C dd
f L
1FDXX47S44Eg12880
4PICT02SOXA000015
2003i
1999
Ford - - --�
Pierce
F450 ..._ ..... .................._._
Dash Aerial
914
935
1
H
4P1C71702,U9TA000122
4P1CT02U9WA 0187
1HTwYSUT0BJ324685
iHTWEA2RXSJ34687
1995
11997
2010
2010
Pierce
A' _._._... --
lerce
international
International
15aWpumper
(Saber Pumper
Pum er
Pumper
915
1924
923
913
H
H
H
j H
I
I
f
Code indicates H — heavy duly (e.g., large buses) or L — light duty — (e.g., supervisor vehicles, smalt cut- aways).
END EXHIBIT A
2013 Town of Avon Vehicle and Equipment Maintenance Contract 10/02/2012
Page 4 of 4