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Home My WebLink AboutC24-102 IGA_Town of Avon_transportation facility_tenth amendmentTENTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR BUS STORAGE & SERVICE AT THE I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY THIS TENTH AMENDMENT ("Tenth Amendment") is effective as of ______________ by and between the Board of County Commissioners of Eagle County, a body corporate and politic, doing business as ECO Transit (hereinafter "ECO"), located at 3289 Cooley Mesa Road, Gypsum, Colorado, and the Town of Avon, a Colorado home rule municipality (hereinafter "Avon"), located at One Lake Street, Avon, Colorado. ECO and Avon shall collectively be referred to as the "Parties." RECITALS WHEREAS, the Parties entered into an agreement dated the 29th day of October, 2013, for Bus Storage and Service at the I-70 Regional Transportation Operations Facility (the "Original Agreement"); and WHEREAS, by a First Amendment dated the 9th day of December, 2014, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Second Amendment dated the 22nd day of December, 2015, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Third Amendment dated the 15th day of November, 2016, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Fourth Amendment dated the 12th day of January, 2018, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Fifth Amendment dated the 13th day of November, 2018, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Sixth Amendment dated the 17th day of December, 2019, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Seventh Amendment dated the 12th day of January, 2021, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by an Eighth Amendment dated the 12th day of December, 2021, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and WHEREAS, by a Ninth Amendment dated the 29th day of November, 2022, the Parties modified the scope of Services and compensation as set forth in the Original Agreement; and DocuSign Envelope ID: BBC12070-8F90-4A8F-B67F-23E1F20C9821 2/20/2024 WHEREAS, the Parties desire by this Tenth Amendment to further modify the scope of Services and compensation as set forth in the Original Agreement. TENTH AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the Parties agree as follows: 1. The Original Agreement shall be amended by the replacement in its entirety of Exhibit A (the Lease Payment Calculation), with the new Lease Payment Calculation attached hereto as Exhibit A-1, and incorporated herein by reference. 2. The Original Agreement shall be amended by the replacement in its entirety of Exhibit B (Avon Fleet Maintenance Service Rate Sheet), with the new Rate Sheet attached hereto as Exhibit B-1, and incorporated herein by reference. 3. Capitalized terms in this Tenth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Tenth Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Tenth Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this tenth Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof 5. This Tenth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. [Rest of page left intentionally blank] DocuSign Envelope ID: BBC12070-8F90-4A8F-B67F-23E1F20C9821 IN WITNESS WHEREOF, the parties hereto have executed this Tenth Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ___________________ Matt Scherr, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board TOWN OF AVON By: ________________________ Eric Heil, Town Manager Attest: By: Signature _________________________ Miguel Jauregui Casanueva, Town Clerk DocuSign Envelope ID: BBC12070-8F90-4A8F-B67F-23E1F20C9821 I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-1 LEASE PAYMENT CALCULATION LEASE RATES AND CHARGES Lease payment calculations consist of Capital, Operations and Maintenance (“O&M”), and Asset Management and will be charged as a budget neutral operation. Capital and Asset Management charges will remain fixed for the term of the Agreement. O&M costs will be audited each year and may be subject to change upon written notice by the Town of Avon no later than June 1 of any given year, which adjustment shall take effect no sooner than January 1 of the succeeding year. Eeeeee DocuSign Envelope ID: BBC12070-8F90-4A8F-B67F-23E1F20C9821 DocuSign Envelope ID: BBC12070-8F90-4A8F-B67F-23E1F20C9821 DocuSign Envelope ID: BBC12070-8F90-4A8F-B67F-23E1F20C9821 EXHIBIT B-1 AVON FLEET MAINTENANCE SERVICE RATE SHEET 1. Contractor Services and Hourly Rate: At the verbal or written request of ECO Transit, Avon may provide repair and replacement work for ECO buses. For any such repair or replacement services, ECO will pay Avon a unit hourly shop rate of $115.00 per hour for light duty vehicles and equipment and $125.00 per hour for heavy duty vehicles and equipment. Materials and sublet work shall be charged at cost plus twenty-five percent (25%). 2. Fuel Rate: ECO Transit will pay Avon a unit fuel rate of cost plus $0.15/gallon. 3. Warranty: Contractor will 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. DocuSign Envelope ID: BBC12070-8F90-4A8F-B67F-23E1F20C9821