HomeMy WebLinkAboutC14-150 Riverview Apartments Preservation Agreement s
AGREEMENT
BETWEEN
RIVERVIEW APARTMENTS PRESERVATION, LP
AND
THE COUNTY OF EAGLE, STATE OF COLORADO
FOR
MAINTENANCE SERVICE
THIS AGREEMENT made and entered into this 9\11 of
*1./1 L , 2014, by and between the Riverview Apartment Preservation, LP
(hereinafter referred to as "Riverview"), and the County of Eagle, State of Colorado, a
body corporate and politic(hereinafter referred to as the"County").
WITNESSETH:
WHEREAS, Riverview desires assistance from County to maintain its equipment; and
WHEREAS, County has the ability to perform maintenance on equipment, and has the
capacity to assist Riverview; and
WHEREAS, County and Riverview intend this Agreement to set forth the scope of the
responsibilities of the parties and terms and conditions to govern their relationship in
connection with the maintenance services.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration and in consideration of the
mutual promises, covenants and conditions contained herein, the parties hereto agree as
follows:
1. SCOPE OF SERVICES:
The County does hereby agree to perform general and preventative
maintenance services for the Riverview equipment at the rates set forth in the
attached Exhibit A entitled Eagle County Fleet Services Rate Schedule for
Service—Equipment. The equipment to be serviced under this Agreement is
identified in Exhibit B, Equipment List for Riverview. Said maintenance
services shall be limited to those items set forth in Exhibit A unless approved
in writing by the parties.
2. PERIOD OF AGREEMENT:
A. The initial term of this Agreement shall commence upon execution of this
Agreement by both parties and shall end on December 31, 2014. This
Agreement shall automatically be renewed and extended for an additional
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one-year term commencing on January 1, 2015, unless earlier terminated in
accordance with the provisions of this Agreement.
B. This Agreement may be terminated by either party for any reason, with or
" without cause, and without penalty upon thirty(30) days written notice. In the
event of termination, County shall be compensated for all incurred costs and
hours of work completed through the date of termination. This contract shall
be reviewed by County at regular intervals with regard to fair compensation.
3. REMUNERATION:
A. Riverview agrees to pay the County at a rate of$85.00 per hour for
Mechanic's time performing general maintenance services plus the cost of all
parts and/or fluids as more fully set forth in Exhibit A. This Agreement shall
be reviewed by County with regard to fair compensation. Such rates are
subject to amendment and modification by mutual agreement of the parties
upon each renewal period or at a time otherwise agreed to in writing by the
i parties. In the event the County agrees to perform additional services to those
outlined in Paragraph 1 of this Agreement or as set forth in Exhibit A, then the
hourly rate shall be negotiated by the Eagle County Fleet Manager and
Riverview and agreed to in writing prior to the County performing any
additional maintenance services. The total compensation under this
Agreement shall not exceed five thousand dollars ($5,000)without a signed
amendment to this Agreement.
B. The County shall bill Riverview for maintenance services provided on the first
of every month. The County will provide with the monthly invoice a
summary billing report for maintenance services provided.. Payment by
Riverview is due and owing to the County by the 30th of the month. Any
payments made by Riverview to the County must be made payable to Eagle
County Fleet Services.
4. INDEMINIFICATION/HOLD HARMLESS:
To the extent allowed by laws, Riverview shall hold the County and its
officials,boards, officers, principals and employees harmless for all losses,
costs, claims, damages and liabilities, including reasonable attorney's fees and
expenses that County or any of its officials,boards, officers, principals and
employees may become subject to, insofar as any such losses, costs, claims,
damages or liabilities against the County arise out of this Agreement and
County's maintenance service of Riverview vehicles.
5. MISCELLANEOUS:
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A. Riverview recognizes that the County is providing a service for Riverview and
that County vehicle repairs are the number one priority of the Eagle County
Fleet Mechanics. County will make good faith efforts to schedule
maintenance services of Riverview equipment as requested by Riverview or
within a reasonable time thereafter.
B. All written notices shall be given by certified mail to the following address:
Eagle County Fleet Services Riverview Apartments Preservation, LP
P.O. Box 1705 P.O. 6422
Gypsum, CO 81637 Avon, CO 81620
Attn: Harry N. Taylor Attn: Jill Klosterman
(970) 328-3543
C. The provisions of this Agreement shall extend to and be binding upon the
respective parties hereto, their successors and assigns. Notwithstanding the
foregoing, financial obligations of Riverview and the County, respectively,
payable after the current fiscal year, are contingent upon funds for the
purposes set forth in this Agreement being appropriated,budgeted and
otherwise made available, as and to the extent required by Colorado law.
D. No modification or waiver of this Agreement or of any covenant, condition, or
provision herein contained shall be valid unless in writing and duly executed
by both parties.
E. This written Agreement embodies the whole agreement between the parties
hereto and there are no inducements, promises, terms, conditions, or
obligations made or entered into either by Riverview or the County other than
that contained herein.
F. All agreements and covenants herein are severable, and in the event that any
of them shall be held invalid by a court of competent jurisdiction; this
Agreement shall be interpreted as if such invalid agreement or covenant were
not contained herein.
G. Riverview has represented to the County and, likewise, the County has
represented to Riverview that it possesses the legal ability to enter into this
Agreement. In the event that a court of competent jurisdiction determines that
either of the parties hereto do not possess the legal ability to enter into this
Agreement, this Agreement shall be considered null and void as of the date of
such court determination.
H. County and Riverview each shall maintain insurance and if requested by the
other party, shall provide proof thereof.
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I. Nothing in this Agreement shall be deemed to make either party an employee,
partner or representative of the other.
WA-
IN WItN SS WHEREOF, the parties hereto have executed this Agreement this
day of i<" , 2014.
THE COUNTY:
COUNTY OF EAGLE,
STATE OF COLORADO
ASP
BY: - / —
Keith Montag, County Manage
RIVERVIEW APARTMENTS
PRESERVATION LP
Riverview Apartments Preservation LP
By and through Riverview Apartments
Preservation LLC, its general partner
By and through Eagle County Housing and
Development Authority, its sole member
By: —%
Jill Klosl. an, Executive Director
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EXHIBIT A
EAGLE COUNTY FLEET SERVICES
RATE SCHEDULE FOR SERVICE
Equipment
Shop Rate & Other Charges for Light and Heavy Duty Equipment:
Maintenance Services includes the general service of vehicles and equipment,
Preventative Maintenance services, and all repair services provided.
The Shop rate for all mechanical repairs is $85.00 per hour plus the cost of all parts
and/or fluids.
Parts- current tax free cost plus 15%mark up.
Outside Service will be billed at cost plus 10%.
There is a $10.00 shop fee to cover supplies on each work order.
Automated Car Wash (drive through—automobiles and small trucks) $9.00 per vehicle.
Emergency Call Outs:
The shop rate for requested"emergency call outs" for mechanical repairs or service is
$100.00 per hour plus the cost of parts and/or fluids. Fleet Services normal operating
hours are 6:00 am—7:00 pm Monday through Friday. On weekends and holidays two
mechanics are on duty to provide limited service to county departments. Emergency call
out service is offered to Riverview weekdays (M-F) from 7:00 pm to midnight and on
weekends and EC designated holidays from 6:00 am to midnight.
Paint&Body Repairs:
Sheet Metal Repair $70.00/hr.
Refinish, Preparation & Painting $70.00/hr.
Mechanical/Electrical $70.00/hr.
Frame Repair $70.00/hr.
Paint & Material Supplies $Cost plus 10%
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EXHIBIT B
Equipment List
Riverview Apartments Preservation, LP
Vehicle Schedule
No Year Make Model VIN Agreed Value
1 1998 Chevy 2500 1GCGK24R3WZ174730 $3000 (KBB.com)
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