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Home My WebLink AboutC09-508 Service Agreement ECO Town of Avon'010 Parking Agreement ECO-Aeon SERVICE ACREE~IE~IT THIS AGREEti1ENT is entered into the ~~ day of 009, between Board of County Commissioners of Eagle County acting through the Eagle County Regional Transportation Authority doing business as ECO Transit ("ECO'') and Town of Avon ('`Avon"); [T IS AGREED as follows: 1. Services. During the term of this Agreement, Avon will provide the following services: (a) Outdoor paved parking stalls at the Swift Gulch Public Works Complex (the '`Premises") to be used for a maximum often (10) transit vehicles during November-April that are provided with 120v/l0amp electrical power to support the engine block heater at a charge of $350.00 per month per vehicle (includes power for winter months of November through March). (b) Outdoor paved parking stalls at the Premises to be used for a maximum of four (4) transit vehicles during May-October without power at a charge of $300.00 per month per vehicle. (c) Bus wash bay access and usage at a rate of $5.00 per bus. (d) Diesel fuel to be billed at Avon's cost plus 10%. 2. Limits on Use. No other services by Avon are included other than those explicitly listed herein. Other uses of the Premises are not permitted without Avon's written consent and will be considered a breach of this Agreement. The following additional limitations on use apply: (a) The Premises are not secure; the ECO is advised that use of the Premises is "at your own risk". (b) Parking stalls shall be those designated by Avon. (c) Avon staff reserves the right to physically drive and relocate any of the ECO's vehicles, provided that the vehicle remains within the physical site, at any time for any reason. ECO agrees to provide Avon with functioning keys and/or key-codes capable of unlocking and starting all ECO-serviced vehicles parked on the Premises. (d) All vehicles parked on the Premises included under this Agreement must be in full running order. Avon reserves the right to remove from the Premises at ECO's cost any vehicle that will not start, is dilapidated, or has not been restored to full running order by ECO or their assigns for a period of thirty (30) days or more. (e) ECO agrees to keep the Premises clean, sanitary, and in good condition and, upon termination of the Agreement, vacate the Premises to Avon in a condition identical to that which existed when the ECO initiated site use, except for ordinary wear and tear. (f) ECO agrees to immediately notify Avon of any defects or dangerous conditions in and about the Premises of which ECO becomes aware. (gj ECO agrees to reimburse Avon, upon demand by Avon, for the cost of repairing any damage to the Premises caused by acts or omissions of ECO. (h) ECO herein acknowledges that the ECO has examined the Premises, including electrical outlets, and has found them to be in good, safe, and clean condition at commencement of this Agreement. (i) In support of the continued governmental partnership between Avon and ECO and in light of on-going efforts to plan, design, and construct a Joint Regional Operations Facility at the site. access and use of,~~on~s transit ~~pera[ions building (including restroums. Page 1 of 2 ,,^I ~1~~, I ?010 Parking Agreement ECO-Aeon showers, Internet, coffee,icocoa station, and break room) is included at no additional charge. 3. Facilities. Avon represents that its facilities are adequately equipped to offer said services ~. Billing for Services. An invoice will be issued by the tenth day of each month for services performed during the previous month. Payment is due in full within thirty days of receipt of the invoice. The Town reserves the right to adjust the rates charged for services. 5. Term and Termination. This is a month-to-month service agreement which commences on January 1, ?010 and terminates December 31, ?010 unless otherwise terminated earlier in accordance with this Agreement. Either party may terminate this Agreement without cause on fifteen days written notice. In the event of breach of this Agreement by either party, the other party may terminate this Agreement upon seven days written notice unless the breach is cured within the seven day period. The parties desire to implement this Agreement as soon as possible. The signatory for ECO has the authority to bind ECO to the terms and conditions of this Agreement. However, continuation of this Agreement is contingent upon the subsequent ratification of the same by board action of the Board of County Commissioners of Eagle County at their next regularly scheduled meeting. 6. Indemnification. ECO agrees to the extend permitted by law to indemnify, defend and hold harmless TOA, its respective agents, officers and employees of and from any loss, cost, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, including reasonable attorneys fees arising out of acts or omissions of ECO, or those of ECO's agents, officers, servants and employees. 7. Insurance. ECO must carry valid insurance for any individuals and property that are involved in use of the Premises. Avon is not liable for damage to ECO-owned property, or any property owned by others and included in a service agreement operated by ECO, while located on the Premises, including acts of vandalism, theft, or comprehensive damage of same vehicles. ECO must provide insurance in the amount of $1,000,000 per occurrence and $1,000,000 aggregate. 8. Relationship of the Parties. The relationship between the parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or ownership interest in the real property. Avon shall be solely responsible for payroll withholding and payment of taxes as well as payment of unemployment compensation and other employment related benefits. TOWN OF AVON 1 ~~~, By: Ron Wolfe Mayor ~~~~~an EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY %r _r- By: Harry Taylor ,~ J~ ~ - y~- Director ECO Transit ~~ Signatur~ ~~ I~ ~~ Date Date Page 2 of 2