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HomeMy WebLinkAboutR04-081 Continuation of Serv ice AGreement ECRTA and Town of Avon • . ./ / / , Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004 - (PO/ CONCERNING RATIFICATION OF CONTINUATION OF SERVICE AGREEMENT BETWEEN EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF AVON WHEREAS, Resolution No. 96 -22 created the Eagle County Regional Transportation Authority ( "ECO ") and provided for its duties and powers; and WHEREAS, on or about May 26, 2004 the Eagle County Regional Transportation Authority entered into an Agreement with the Town of Avon for parking, fueling, repair and maintenance of one bus. WHEREAS, the Service Agreement term is from May 1, 2004 through December 1, 2004. WHEREAS, continuation of the Service Agreement during the current term requires ratification by the Eagle Board of County Commissioners and the Avon Town Council. A copy of said Service Agreement is attached hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of County Commissioners hereby ratifies the continuation of the Service Agreement; THAT, the board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ).7 day of July, 2004. • • COUNTY OF EAGLE, STATE OF .ycF COLORADO, by and Through Its ATTEST: o'` % BOARD OF COUNTY COMMISSIONERS * o c:. y. <K...6254-e. Clerk to the Bo.rd o Tom C. Stone County Commissioners Chairman , 1 I Michael L. allagher Co , ' - - '9 er W so . •Me 'm Commission- Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stone at Commissioner Gallagher a" Commissioner Menconi f This Resolution passed by -e :.-17 W - 'YZ'- , ote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\B RYAN\resolutions\ECO -Avon. DOC • • SERVICE AGREEMENT THIS AGREEMENT is entered into the day of , 2004, between the Eagle County Regional Transportation Authority doing business as ECO Transit ( "ECO ") and the Town of Avon ( "Avon "): IT IS AGREED as follows: 1. Services: During the term of this Agreement, Avon will provide the following services: (a) Parking of one bus (in a plug -in space) at a charge of $100.00 per month per bus. (b) Fuel at its budgeted cost including $0.10 (ten cent) mark -up. (c) Repair and maintenance, as requested by ECO, at a charge of $80.00 per man hour. No payment for any repair or maintenance shall be due unless ECO has approved of the work. Services may be commenced with verbal approval by ECO of a written estimate submitted by Avon. Subcontractors may perform certain repair work, for which cost of the work will be charged. Avon shall be responsible for assuring that subcontracted work is performed promptly and in accordance with this Agreement. 2. Facilities: Avon represents that its facilities are in good condition and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. 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 within thirty days of receipt of the invoice. 4. Term and Termination: The term of this Agreement will run from May 1, 2004, through December 1, 2004, unless sooner terminated in accordance with this Agreement. The parties desire to implement this Agreement as soon as possible. The signatories have the authority to bind Avon and ECO to the terms and conditions of this Agreement. However, continuation of this Agreement is contingent upon the subsequent ratification of the same by Avon council action and by board action of both the ECO Board and the Board of County Commissioners of Eagle County at their next regularly scheduled meetings. 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. Either party may terminate this Agreement without cause on thirty days written notice. EXHIBIT d r� fr ATTACHMENT #5 ci , / • k al/ IN, 5. 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 or joint venture. Avon shall be solely responsible for payroll withholding and payment of taxes as well as payment of unemployment compensation and other employment related benefits. 6. Warranty: Avon will promptly correct any defective work appearing within one year after services are performed. This warranty shall be in lieu of all other warranties, express or implied. Avon's sole liability hereunder, whether in tort in contract, is expressly limited to the warranty provided for herein. T ill / SIGNED the(aay of / , 2004. TOWN OF AVON B - .t: 4 AM n Man- 1-r i EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY B y : 1,, 1 e. 1 . _ Chairma