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HomeMy WebLinkAboutC16-010 Motion Rent A Car LLCPERFORMANCE AND USE AGREEMENT FOR OUT OF TERMINAL CAR RENTAL AGENCY BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND MOTION RENT A CAR, LLC ^fThis Performance and Use Agreement ("Agreement") entered into this K a^y of J n '''V+?zf n.t\Qt el by and between the County of Eagle, State of Colorado, a body politic and corporate, ("County"),u and Motion Rent A Car, LLC, ("Commercial Operator"). WITNESSETH: WHEREAS, the County now owns, controls and operates the Eagle County Regional Airport (the 'Airport") located between the towns of Eagle and Gypsum in the County of Eagle, State of Colorado; and WHEREAS, the County is duly authorized by law to administer and govern the Airport, including businesses and services conducted thereat; and WHEREAS, Commercial Operator desires to operate an Out of Terminal car rental agency for travelers utilizing the Airport which business will be located off the Airport; and WHEREAS, car rental services are essential to the proper accommodation of general and commercial aviation at the Airport. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties hereby agree as follows: ARTICLE ONE RIGHTS AND PRIVILEGES The County hereby grants to Commercial Operator a non-exclusive, revocable license to operate its motor vehicles upon the property of the Airport in the conduct of its Out of Terminal car rental agency business and to pick up and discharge its pre-booked customers at the terminal building(s) at the Eagle County Airport for the term and subject to the conditions set forth in this Agreement and in the Airport Ground Transportation Rules and Regulations. This Agreement does not authorize Commercial Operator to park motor vehicles on Airport property. Any commercial activity not expressly authorized under the terms hereof is expressly prohibited. Commercial Operator agrees that neither it nor its drivers, agents and employees shall solicit customers on Airport premises nor engage in any activities at the Airport intended to persuade members of the public to utilize its vehicles and/or services. Commercial Operator may enter into any lawful agreement(s) with the operator(s) of the Airport terminal(s) or of the Airport Car Maintenance Facility for the use of those facilities for vehicle cleaning and maintenance, fueling, and related services, as are reasonably necessary for the exercise of its privileges under this Agreement unless specifically authorized herein. Eagle County Comml::sloners, Office C16-010 ARTICLE TWO TERM The term of this Agreement shall be effective upon execution and continue through October 31, 2016 (the "Termination Date"), unless earlier terminated under the provisions of this Agreement. ARTICLE THREE COMPLIANCE WITH LAWS AND REGULATIONS Commercial Operator shall comply with all applicable Federal, state and local laws, ordinances and regulations. Commercial Operator, and its employees, contractors and agents, shall observe the Eagle County Airport Rules and Regulations, including but not limited to the Ground Transportation Rules and Regulations, as they exist on the date hereof and as they may be modified from time{o-time. The Ground Transportation Rules and Regulations in force at the time of the signing of this Agreement are attached hereto, marked "Exhibit A," and incorporated herein by this reference. County reseryes the right to amend the Airport Rules and Regulations in its sole discretion, and they shall be effective with respect to Commercial Operator upon their adoption whether or not Commercial Operator has received actual notice. ARTICLE FOUR REVENUE AND CHARGES A. Commercial Operator Revenues: Commercial Operator shall be permitted to charge reasonable prices for its services. A report of all charges, past and present, and any changes thereto, shall be available for the County's inspection at all reasonable times' B. County Charges: Commercial Operator shall pay to the County a sum equal to fourteen percent (1a%) of AdjustedGross Revenue in accordance with the Rules and Regulations for Ground Transportation. The fee shall be paid to County by the 1Sth day of the month for the preceding calendar month. C. Monthly Reports: Commercial Operator shall submit monthly reports of its AdjustedGross Revenue for the preceding month, including numbers of its customers from the Airport, by the 1Sth day of each month. lf Commercial Operator has conducted no business activity during the preceding calendar month, it must report that fact by the fee due date; if it suspends business for a period of consecutive months, it may, in lieu of monthly reporting, report the suspension of business, stating the effective beginning and ending dates of the suspension, prior to the suspension beginning. D. Commercial Operator Accounting: For the purpose of ascertaining the amount payable as herein provided, Commercial Operator shall keep an accurate account of all daily sales and revenues made by Commercial Operator in, on, or from the Airport, the same to be entered into a book of a permanent nature which shall be available to the County for its inspection upon its demand. E. Delinquency Charge: A delinquency charge of two percent (2o/o) per month shall be added to payments required hereinabove, which are rendered more than ten days delinquent in addition to any other remedy provided for herein. F. Place of Payment: All payments due the County from Commercial Operator shall be delivered to the Aviation Director's Office or to such other place in Eagle County designated in writing by the County. G. Annual Statement. Within sixty (60) days after the end of each calendar year, Commercial Operator shall furnish to County an annual statement of its AdjustedGross Revenue generated during the preceding calendar year, the accuracy and completeness of which statement shall be attested under oath under penalty of perjury by an officer of Commercial Operator. The County reserves the right to audit said statement and Commercial Operator's books and records, including examination of the general ledger and all other supporting material, including tax returns, at any reasonable time during business hours, verifying the AdjustedGross Revenue. lf the audit establishes that Commercial Operator has understated or overstated the AdjustedGross Revenue by $SOO.OO or more, the entire expense of said audit shall be borne by Commercial Operator. Any additional payment due from Commercial Operator shall forthwith be paid to the County, with interest thereon at 2 percent per month from the date such amount originally became payable to the County. Any overpayment by Commercial Operator shall be credited against further payments due to the County. H. Gross Revenue. As used herein, the term "Gross Revenue" shall mean, as determined in the reasonable discretion of the County, all amounts charged to its customers by Commercial Operator for or in connection with agreements it secures through its operations and business at E€E Airport, regardless of whether such amounts are actually paid to or received by Commercial Operator. Gross Revenue shall include all monies or other consideration of whatever nature paid or payable to Commercial Operator by customers for all sales made and services performed for cash, credit or consideration with automobile and vehicle rentals or other products or services provided to persons through Commercial Operator's operations at the Airport without regard to the ownership, area, fleet or location assignment of vehicles and without regard to the manner in which or place at which vehicles or other products or services are furnished to Commercial Operator's customers and without regard to whether the vehicles or other products are returned to EGE or some other location. A. The term "Gross Revenue" shall include anything and everything that is not specifically excluded. The only exclusions from Gross Revenue permitted under this Agreement shall be the specific exclusions set forth below: 1. Federal, state, county, city or municipal sales, use or excise taxes, now or hereafter levied or imposed, separately stated on the rental contracts and collected from customers of Commercial Operator, 2. Amounts received as insurance proceeds for loss of or damages of vehicles or other property of Commercial Operator. 3. Amounts received from the sale of vehicles off EGE premises: provided however, any amounts paid in connection with automobiles and vehicle rentals or other products or services provided to persons through Commercial Operator's operations that are applied to or otheruvise reimbursed as a result of sale of a vehicle shall not be excluded from Gross Revenues: and 4. Reimbursements for amounts actually paid to third parties for towing, impound fees, parking tickets, red light tickets, and windshield replacement. 5. Any Customer Facility Charges (CFCs) hereinafter levied by the County or ECAT. J. Disputes. In the event that any dispute may arise as to the AdjustedGross Revenue collected, the amount claimed due by Commercial Operator shall be paid forthwith and the dispute shall be submitted to a certified public accountant, agreeable to both parties, who shall determine the rights of the parties hereunder in conformity with generally accepted accounting principles. The fees due said accountant for such service shall be paid by the unsuccessful party, or in the event the determination is partially in favor of each party, the fee shall be borne equally by the parties. K. Customer Facility Charge/ Right to Construct New Facilities. County and/or Eagle County Air Terminal Corporation may plan or implement a development program at the Airport during the term of this Agreement. County and Eagle County Air Terminal Corporation reserve the right to pursue the planning, financing and construction of new car rental facilities of any nature as County or Eagle County Air Terminal Corporation may determine to accommodate County or Eagle County Air Terminal Corporation's business needs, and County or Eagle County Air Terminal Corporation may take any action that it deems desirable in connection therewith. Without limitation, County or Eagle County Air Terminal Corporation may at any time require Commercial Operator to commence collection of a Customer Facility Charge in a manner and amount to be determined by County or Eagle County Air Terminal Corporation, whether before or after commencing construction. Eagle County Air Terminal Corporation also reserves the right to terminate this Agreement prior to the term hereof in order to commence construction, and in such a case, County or Eagle County Air Terminal Corporation shall issue a new solicitation to all car rental concessionaires. ARTICLE FIVE GENERAL OPERATING PROVISIONS A. Reservations of the County. For the purposes of this Agreement, "Public Aircraft Facilities" shall mean - but only as and to the extent that they are from time to time provided by the County at the Airport for public and common use by aircraft operators - (1) runways, (2) taxiways, (3) passenger ramp and apron areas, (4) any extensions or additions to the above, and (5) any other space or facilities provided by the County at the Airport for public and common use by aircraft operators in connection with the landing and taking off of aircraft or in connection with operations authorized to be performed by aircraft operators upon the aforesaid runways, taxiways, and public passenger ramp and apron areas. The County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desires or views of Commercial Operator, and without interference or hindrance, except that the County may not arbitrarily violate or unreasonably diminish Commercial Operator's rights as provided elsewhere in this Agreement except on a temporary basis, or diminish its ability to perform the obligations undertaken by it hereunder; provided, however, that any general or partial closure of any Public Aircraft Facilities for the purpose and duration of construction or repair shall not be considered a violation or diminishing of Commercial Operator's rights or ability to perform. The County reserves the right to maintain and keep in repair the Public Aircraft Facilities of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Commercial Operator in this regard. The County reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction. During the time of war or emergency, the County shall have the right to lease the Airport or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this Agreement insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. The County reserves the right to direct and control all activities of Commercial Operator at the Airport in the event of an emergency or if Commercial Operator's operations are interfering with the use of the Airport by others. Non-compliance with this subsection shall constitute a breach or default of this Agreement and in the event of such non-compliance, the County shall have the right to terminate this Agreement, or at the election of the County or the United States, or both of said governments, shall have the right to enforce judicially this subsection. B. No Exclusive Rights Granted. lt is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act. The County reserves the right, at its sole discretion, to grant others certain rights and privileges upon the Airport which are identical in part or in whole to those granted to Commercial Operator. The County reserves the right, but shall not be obligated, to permit other rental car companies, with whom the airport has not executed a Performance and Use Agreement, to enter upon the Airport in general, and the Air Carrier Terminal in particular, to pick up and drop off customers, to purchase advertising space on the Airport and within the Air-Carrier Terminal, and to establish a courtesy phone system on the Airport and within the Air Carrier Terminal, all subject to fees and charges in common with other users of that classification. C. Subordination of Agreement. This Agreement and the rights and privileges thereunder are subject and subordinate to the terms, reservations, restrictions and conditions of any existing or future agreements between the County and the United States, the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to the County for Airport purposes or the expenditure of federal funds for the extension, expansion or development of the Airport. D. Signs. Commercial Operator shall not erect, maintain or display at the Airport any external signs or other advertising without first obtaining the written approval of the County. Commercial Operator shall remove, at its expense, all lettering, signs, and placards erected on the Airport at the expiration of the term of this Agreement. ARTICLE SIX INSURANCE Commercial Operator agrees to secure at its own expense, and to keep in force at all times during the Term hereof, Comprehensive General Public Liability Insurance in the minimum amount of One Million Dollars ($1,000,000.00) bodily injury and property damage combined single limit each occurrence. The required insurance coverage also shall include Personal Injury, Blanket Contractual Coverage for this Agreement, and Independent Contractors Coverage. Commercial Operator shall also maintain in force, during the term of this Agreement, Automobile Liability Insurance, Comprehensive Form, which shall insure all Commercial Operator's owned or leased rental cars and/or other vehicles used by Commercial Operator at Airport pursuant to this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00), Bodily Injury and Property Damage Combined Single Limit per occurrence. Commercial Operator shall also maintain in force during the term of this Agreement Workers Compensation and Employers Liability Insurance in accordance with the provisions of Colorado law. The limit of such insurance coverage shall be for statutory Worker's Compensation benefits, and shall not be less than One Hundred Thousand Dollars ($100,000.00) for employers liability insurance. Commercial Operator agrees that County shall be named as an additional insured under such policy or policies of insurance and said policy or policies shall include the severability of interest "cross over" provision. A certificate or certificates evidencing such insurance coverage shall be filed with County within ten (10) days after execution of this Agreement, and said certificate(s) shall provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days prior written notice to County. At least ten (10) days prior to the expiration of said insurance policy or policies, a certificate showing that such insurance coverage has been renewed or extended shall be filed with County. lf such coverage is canceled or reduced, Commercial Operator shall within seven (7) days of notice of cancellation or reduction, but in any event more than fifteen (15) days before the effective date of said cancellation or reduction, file with County a certificate showing that the required insurance has been reinstated in full, or provided through another insurance company or companies. In the event that Commercial Operator shall at any time fail to provide County with the insurance required under this section, County may immediately terminate this Agreement. The insurance carried by the Commercial Operator, as required by this Agreement, shall be primary over any insurance carried by the County for the County's own protection. A copy of the insurance representative's license, or other legal proof of his/her authorization to sign the Certificate of Insurance for and on behalf of the insurance company/companies shown thereon, must be attached to the Certificate of Insurance. Facsimile stamped signature on the Certificate will not be accepted. The Certificate must be signed by the insurance company's authorized representative. The County will conditionally accept self-insurance under this section, subject to review and approval of appropriate County and State requirements. All preceding coverages and limits will ARTICLE SEVEN INDEMNIFICATIONS AND NON.LIABILITY EXCEPTIONS Commercial Operator shall indemnify and hold harmless the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants, and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses incident thereto which may accrue against, be charged to, or be recoverable from the County, its Board of County Commissioners, and its individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants and its successors, as a result of the acts or omissions of Commercial Operator, its employees or agents, in connection with Commercial Operator's use of the Airport premises or in any manner whatsoever arising directly or indirectly out of Commercial Operator's exercise of its privileges or performance of its obligations under this Agreement. The County shall give to Commercial Operator prompt notice of any claim made or suit instituted which in any way, directly or indirectly, affects or might affect Commercial Operator and Commercial Operator shall have the right to compromise or participate in the defense of any such action to the extent of its own interests. Commercial Operator shall likewise give prompt notice to the County of any claim or suit which directly affects or might directly affect Commercial Operator's ability to operate hereunder or which in any way affects or might affect the County or the general operations of the Airport. Except as otherwise expressly provided within this Agreement, the parties mutually agree that nothing contained in this Agreement, nor the operations hereunder, shall in any way be construed to constitute the parties hereto as partners or be construed that Commercial Operator is an employee, agent or servant of the County, and in no event shall the County become liable for any loss which may result from the operations of Commercial Operator, nor for any indebtedness incurred by Commercial Operator in the operations of its business. ARTICLE EIGHT ASSIGNMENT It is mutually understood by the respective parties hereto that during the term of this Agreement, Commercial Operator may not assign this Agreement without the written consent of the County, which consent shall be exercised in County's sole and absolute discretion. ARTICLE NINE COOPERATION Commercial Operator agrees that so long as it is operating as an pursuant to this Agreement, it shall cooperate in a fair and reasonable way with all other persons and entities operating on the Airport with the permission and approval of the County. ARTICLE TEN NOTICES Any notices provided for herein shall be in writing and shall be delivered in person or mailed by certified or registered mail, return receipt requested, postage pre-paid, to the party for whom intended at the address set forth below: LESSOR: Motion Rent A Car, LLC Attention: Vladimir Goregliad PO Box 8677 Avon, CO 81620 Telephone: 970-376-4885 LESSEE: Eagle County Regional Airport Attn: Aviation Director P.O. Box 850 Eagle, Colorado 81631 Telephone: 97 0-328-2680 Fax: 970-328-2687 Either party may change its address by written notice to the other party. Notices are deemed to have been given effective as of the date of delivery if personally delivered, and as of the third day after mailing, if mailed. ARTICLE ELEVEN DEFAULT AND TERMINATION A. Termination by Commercial Operator. This Agreement shall be subject to termination by Commercial Operator in the event of any one or more of the following events: 1. The abandonment of the Airport as an airport or airfield for any type, class or category of aircraft. 2. fhe default by County in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of the County to remedy or undertake to remedy, to Commercial Operator's satisfaction, such default for a period of thirty (30) days after receipt of notice from Commercial Operator to remedy the same. 3. Damage to or destruction of all or a material part of the Airport facilities necessary to the operation of Commercial Operator's business. 4. The lawful assumption by the United States, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof, in such a manner as to restrict substantially Commercial Operator from conducting business operations for a period in excess of 180 days. B. Termination by the County. This Agreement shall be subject to termination by the County in the event of any one or more of the following events: 1. The default by Commercial Operator in the performance of any of the terms, covenants or conditions of this Agreement, and the failure of Commercial Operator to remedy, or undertake to remedy, to County's satisfaction, such default for a period of thirty (30) days after receipt of notice from County to remedy the same. 2. Commercial Operator files voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the property or affairs of Commercial Operator and such receivership is not vacated within forty-five (45) days after the appointment of such receiver. 3. Upon thirty (30) days notice of revocation, with or without cause, delivered to Commercial Operator from County. 4. Any other reason as may be set forth in this Agreement. C. Except as otherwise stated herein, exercise of the rights of termination set forth in Paragraphs A and B above, shall be by notice to the other party within thirty (30) days following the event giving rise to the termination. D. Causes of Breach: Waiver. 1. Neither party shall be held to be in breach of this Agreement because of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to failures by Commercial Operator to pay fees or other charges to the County. 2. fhe waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any such subsequent breach, violation or default in or with respect to the same or any other covenants or condition hereof. ARTICLE TWELVE DUTY TO OBTAIN REQUIRED PERMITS Commercial Operator shall, at its sole expense, obtain and maintain in good standing all proper and necessary permits, including the permits described in the Ground Transportation Rules and Regulations, and licenses necessary to carry out and perform its privileges and obligations under this Agreement. ARTICLE THIRTEEN OPERATING STANDARDS In providing any of the required and/or authorized services or activities specified in this Agreement, Commercial Operator shall operate for the use and benefit of the public and shall meet or exceed the following standards: A. Commercial Operator shall furnish service on a fair, reasonable and non-discriminatory basis to all users of the Airport. Commercial Operator shall furnish good, prompt and efficient service adequate to meet all reasonable demands for its services at the Airport. Commercial Operator shall charge fair, reasonable, and non-discriminatory prices for each unit of sale or service; provided however, that Commercial Operator may be allowed to make reasonable and non-discriminatory rebates or other similar types of price reductions to volume purchasers. Commercial Operator specifically covenants that ) no person on the grounds of race, color, sex or origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the participation in or use of Commercial Operator's services. B. Nondiscrimination. 1. In connection with the performance of its rights, privileges and obligations under this Agreement, CONCESSIONAIRE shall not discriminate against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability. In addition, the Parties shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title Vl of the Civil Rights Act of 1964, as said Regulations may be amended. 2. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part23. The CONCESSIONAIRE agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part23. 3. CONCESSIONAIRE agrees to include the above statements in Section 10.09 (A) and (B) in any subcontract concession agreement or contract covered by 49 CFR Part 23, that it enters into and cause those businesses to similarly include the statements in further agreements. C. Commercial Operator shall provide, at its sole expense, a sufficient number of employees to provide effectively and efficiently the services required or authorized in this Agreement. D. Commercial Operator shall control the conduct, demeanor and appearance of its employees, who shall be trained by Commercial Operator and who shall possess such technical qualifications and hold such certificates of qualification as may be required in carrying out assigned duties. lt shall be the responsibility of Commercial Operator to maintain close supervision over its employees to assure a high standard of service to customers of Commercial Operator. E. Commercial Operator shall meet all expenses and payments in connection with the rights and privileges herein granted, including taxes, permit fees, license fees and assessments lawfully levied or assessed upon Commercial Operator. Commercial Operator may, however, at its sole expense and cost, contest any tax, fee or assessment. t F. Commercial Operator shall comply with all Federal, state and local laws, rules and regulations which may apply to the conduct of the business contemplated, including rules and regulations promulgated by the County, and Commercial Operator shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. G. lt is expressly understood and agreed that, in providing required and authorized services pursuant to this Agreement, Commercial Operator shall have the right to choose, in its sole discretion, its vendors and suppliers. ARTICLE FOURTEEN RIGHT OF INGRESS AND EGRESS Commercial Operator shall have at all times the full and free right of ingress to and egress from the Airport. Such right shall also extend to its employees, customers, passengers, guests, suppliers. Such right is subject to all restrictions as may be set forth by County from time to time. ARTICLE FIFTEEN NO PRIVATE CAUSE OF ACTION The rights herein contracted for shall inure solely to the benefit of the parties to this Agreement, and nothing herein shall be construed to grant a cause of action to non-parties claiming as third party benefi ciaries or otherwise. ARTICLE SIXTEEN ADDITIONAL CONDITIONS A. All the covenants, conditions, and provisions in this Agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. B. This Agreement shall be construed under the laws of the State of Colorado. Venue for any action shall be brought in the District Court for Eagle County, Colorado. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the County or Commercial Operator in their respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. C. All amendments to this Agreement must be made in writing by mutual agreement of the parties, and no oral amendments shall be of any force or effect whatsoever. D. The clause headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. E. This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth herein. [signature page next page] lN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date first above written. COUNTY OF EAGLE, STATE OF COLORADO. BY AND THROUGH THE EAGLE COUNTY MANAGER printedName: /lApt 14 /R 6opE6 t /41) Motion Rent A Car. EXHIBIT A commissio ner ttla.^o vux*rthk"F#" of the following resolutionl BOARD OF COUNTY COMMISSIONERS couNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. zA:.1.. OI? RESOLUTTON APPROVING THE AMNNDMENT AND RESTATEMENT OF THEEAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS FOR COMMERCIAL GROUND TRANSPORTATION WHEREAS, C.R.S. $$30- I l -107( l XJ) and 4l-4-fi6 grant the power and jurisdiction tothe Eagle County Board of Commissioners (hereinafter, "the Board") to regulate tlie receipt, deposit, and removal and the embarkation of passengers or property to or from the Eagle -ounty Regional Airport (the "Airport"); and to exact and require.hurg"r, fees, and tolls; and to lease orassign for operation such space or area, appurtenances, appliances or other conveniences necessary or useful in connection therewith; and to provide rules and regulations governing the use of such Airport and facilities and the use of other property and meais of translortation withinor over the Airport; and to exercise such powers as may be required or consistent in the promotion of aeronautics and the furtherance of commerce and navigation by air; and WHEREAS, the Board previously adopted on October 4, lg8z,by Resolution No. g2-g7, "Rules and Regulations Governing the Operation of the Eagle County Airport" (hereinafter,,Rules and Regulations"), and amended said Rules and Regulations on April 24, lgggby Resolution No.89-52; and WHEREAS, the Board further amended the Rules and Regulations by adopting specific Rules and Regulations for Commercial Ground Transportation (the "Ground iransportation Rulesand Regulations") on January lS, lggT by Resolution No. 92_0g; WHEREAS, the Board further amended and restated the Ground Transportation Rulesand Regulations on February | | , rggT by Resolution No. 97- I 2; and on February 5, 2a0z byResolution No. 02-19; and on January 24,2006 byResolution 06-05; and on Ociober 31,2006 byResolution 06-106; and on December 4, 2007 by Resolution200T-023; WHEREAS, the Ground Transportation Rules and Regulations provide at Section l.Z that "(t)hese Rules and Regulations may be changed at any time bylction ofihe Board of CountyCommissioners..." WHEREAS, the Eagle County Regional Airport continues to athact a volume of passengers and propertythat requires supervision, regulation, and control to insure the best interests of the County, its citizens, and the beneficiaries of the Airport facilities are being met; and WHEREAS, the Board desires to further amend the Ground Transportation Rules and Regulations to provide for the orderly and equitable operation of ground transportation at the Airport. NOW, THEREFORE, BE IT RESOLVED By THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Eagle County Regional Airport Rules and Regulations for Commercial Ground Transportation shall be deleted in its entirety and replaced with the amended and restated Eagle County Rules and Regulations for Commercial Ground Transportation attached hereto as Elhibit..A" and incorporated herein by this reference. THAT, the modifications and amendments set forth in Exhibit "A" shall be effective upon approval of this Resolution. THAT' should any section, clause, provision, sentence or word in this Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, the Board hereby finds, determines and declares that this Resolution is necessarv for the health, safety and welfare of the citizens of Eagle County. MOVED' READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, state of Colorado, at its regular meeting held this -- day of Mrrch, 2014. ISTGNATURE PAGE TO FOLLOTVI COUNTY OF EAGLE, STATE OF' COLORADO, By and Through lts BOARD OF COUNTY COMMISSIONERS Clerk to the Board of County Commissioners Sara J Fisher athy QAndler-Henry Commissionff FtSFfrcf'- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan Commissioner Sara J. Fisher Comntissioner Kathy Chandler-Henry This Resolution passed by 3r/o vote of the Board of County Commissioner of the County of Eagle, State of Colorado. EAGLE COUITTY REGIO}{AL AIRPORT RULES Al\D REGULATIONS FOR COMMERCIAL GROUND TRAN{SPORTATION Section One Section Two Section Three Section Four Section Five Section Six Section Seven Section Eight Section Nine Section Ten Section Eleven Section Twelve Section Thirteen Section Fourteen Section Fifteen EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS FOR COMMERCIAL GROUND TRANSPORTATION Table of Contents Authority Definitions Cornpliance rvith Laws and Directives Operating Requirements Procedures for Obtaining Operating privileges Automated Vehicle Identification Tag Requirements Commercial Operator Vehicle Yearly Registration Requirement Solicitation and Business Restrictions Meeting and Greeting Passengers Commercial Operator Conduct upon the Airport Motor Vehicle Operation Requirements Car Rental Operators Fees Guidelines for Passenger Operators Suspension and Revocation Miscellaneous 3 4 8 9 9 ll ll ll t2 t4 l5 t7 t8 20 23 Exhibit A - Overall Ground Transportation plan Exhibit B - Passenger Meeting Area Exhibit C - Ground Transportation Access Fees 24 25 26 EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS FOR COMMERCIAL GROUND TRANSPORTATION Section One AUTHORITY 1.0 The Board of County Commissioners has delegated authority to the Eagle County Aviation Director or his designee to act on its behalf in administering the Eagle County Regional Airport (sometimes refemed to herein as the "Airport"), regulating the use of the facilities and services of the Airport, determining and collecting use charges therefor, enforcing these Rules and Regulations for Commercial Ground Transportation ("Rules and Regulations") and the general Airport Rules and Regulations, and carrying out such other duties and responsibilities as may be determined. l.l The following Rules and Regulations govern the operation of all commercial ground transportation businesses upon the Eagle County Regional Airporf premises. Commercial operators of all types are covered, including, but not limited to, the following (collectively refbrred to as "Commercial Operators"): Rental Car Operators; B. Passenger Operators including privately owned Bus, Commuter, Taxicab, Hotel and Motel, Luxury Limousine, and Parking Operators: C. Courier Operators; D. Commuter Operators; and E. Public Mass Transit (Exempt from these Rules and Regulations). 1.2 These Rules and Regulations may be changed at any time by action of the Board of County Commissioners, or without action by the Board of County Commissioners at any time and without prior notice because of requirements imposed by the Federal Aviation Administration ("FAA"), Transportation Security Administration ("TSA") or other state or federal authority. Any changes or additional requirements mandated by the FAA or TSA supersede these Rules and Regulations. 2.0 Section Two DEFINITTONS The following definitions apply to the terms used in these rules: A.Airport The Eagle County Regional Airport, including both the Terminal, Fixed Base Operation area, hangars, south ramp (transient general aviation area) and north ramp (military ani based aircraft area) as well as all other surface areas of the Airport including roadways and parking facilities. B. Auto^"t*d v"hi"l" Id"ntili"utioo ("AVI") Tus o. T.aornood"t A transponder issued by the Airport to Commercial Operators for each motor vehicle in their fleet, which allows the Airport to record the timing of and the number oftrips made by each motor vehicle through the roadways of the Terminal in addition to other movement within the Airport's control system. C. Commercial Ooerator Tvnes Any person or entify, including its drivers, employees, representatives, agents or any other acting in concert with them, using Airport roadways o. opetaiing motor vehiJes upon th; Airport in furtherance of or in connection with any activity carried on for a profrt, regardless of whether operating as an employee or independent contractor, or whether operating:under the company name. For purposes of enforcement of these Ground Transportation Rules and Regulations only, ground transportation companies with common o*n"rrhip and/or common control, or those acting on behalf of or in concert with another company, wili be treated as one and the same Commercial Operator. This definition shall not include airline companies, air freight and cargo companies utilizing theair cargo terminal, schools, universities, non-profit organizations, organ donor companies. hospitals, ambulance services. or governmental units (including local, state and federal agencies), Airport tenants not primarily engaged in the ground transportation business, and construction and maintenance contractors, suppliers and service providirs of the Airport or its tenants' Mail delivery systems such as Federal Express and United Pareel Service are exempted when delivering mail service. D. Commercial Operators - The following operators are all considered Commercial Operators for the purpose of these Rules and Regulations. These definitions may not be all inclusive of all the tlpes ofcommercial operators working at the Eagle county Regionar Airport: l. Privste Commercial Bus Operators Commercial Operators engaged in the business of providing passenger transportation in vehicles having a capacity of trventy-six or more persons or as otherwise defined by the Colorado Public Utilities Commission, excluding Car Renral Operators. 2. Rental Car Onerators Commercial Operators engaged in the business of renting or leasing motor vehicles to the public ("Rental Cars"). 3. Commuter Operators Commercial Operators engaged in the business of ferrying scheduled or unscheduled passengers to and from the Eagle Counfy Regional Airport, including but not limited to taxis, shuttles and vans. 4. Courier Operators Commercial Operators engaged in the business of transporting property, baggage, or parcels derived from the airlines. Mail and package delivery services, i.e. Federal Express and UPS delivering to Airport business exempted. 5. Hotel,and Motel Onerators Commercial Operators engaged in the business of providing temponry or short- term lodging and associated services to the public and transporting passengers for fee or not tor fee to facilities used for temporary or short-term lodging. 6. Luxurv Limousine Operators Commercial Operators engaged in the business of providing chartertransportation to the public in vehicles with a manufacturer's rated maximum capacity of six to twelve perton., including the driver, equipped with an operational television, portable bar, and a mobile telephone or as otherwise defined by The Colorado Public Utilities Commission E. Commercial Vehicle Holdins Lot An area to be determined by the Aviation Director, or his designee, which is used to dispatch taxi operations and/or commercial motor vehicle operations. The Commercial Vehicle Holding Lots also may be referred to as the Ground rransportation Holding Lots. F. Companv Renresentatives Any person or entity employed by or acting on behalf of or in concert with a Commercial Operator and representing its interests, including its drivers, employees or representatives, 5 whether operating as an employee or an independent contractor. G. Concession Agreement A contractual agreement between the Eagle County Air Terminal Corporation (ECAT), the Vail Valley Jet Center (VVJC), or other Fixed Base Operator (FBO) and a Commercial Operator that grants the right to exclusive use of certain portions of the Airport, as authorizedby agreement' for the conducting of certain business activities upon Airport premises. H. Cruising Operation of a motor vehicle upon Airport roadways by a Commercial Operator for the purposes of soliciting or attempting to solicit passengers in any location other than in the loading areas specifically authorized for such use in these regulations. I. Door Loadine Loading passengers, property, baggage or parcels at the doors of the Airport Terminal outside of the commercial loading areas authorized for each type of Commercial Operator as depicted on Exhibit A. Double Parkins Parking parallel to and alongside another motor vehicle. K. Dwell Time The period of time during which a motor vehicle remains upon the roadways and in the loading and unloading areas of the Airport Terminal. L.ECAT Eagle County Air Terminal Corporation. M. Federal Hiehwav Administration An agency of the United States Department of Transportation that regulates carriers who are engaged in transportation in interstate commerce and are subject to the successor statute(s) to the Interstate Commerce Act; the Federal Highway Administration has succeeded to the functions formerly performed by the Interstate commerce commission. N. GroundTransnortationEmolovees Employees or agents of the Counfy or ECAT, also referred to as Airport Staff identifiable by employee identification badge, assigned or authorized, in whole or in part, to enforce these Rules and Regulations. O. Ground Transportation Year The Ground Transportation Year shall run from November I through October 3l. P. Hotel snd Mbtel Ooerator Annual Comnlimentarv Service Vehicle Permit Hotel and Motel Operators offering complimentary ground transportation to their guests to or from the Airport are required to register their vehicles under an Annual Complimentary Service Vehicle Permit a. Loading and Unloadins Areas Those areas authorized for passenger and parcel loading and unloading as shown on Exhibit A. R. Manifest A written inventory of pre-booked clients. which shall include customer's name, airline and flight number as well as the number of persons in the party. S. Passenger Onerators The term Passenger Operators shall include Private Commercial Bus Operators, Commuter Operators, Hotel and Motel Operators and Luxury Limousine Operators. T. Pre-Arranged Passenser A passenger for whom reservations have been made for ground transportation services prior to the passenger's arrival at the Airport. U. Replacement Vehicle For purposes of the AVI Transponder requirement, a vehicle intended by a Commercial Operator to replace a vehicle that had been registered for the Ground Transportation Year but was subsequently destroyed or sold. V. Revocation The suspension of a Commercial Operator's privilege to operate motor vehicles on Airport property and/or to otherwise conduct business activities in the Airport Terminal. W. Scheduled Service Specific point-to-point ground transportation passenger service at designated times filed with or approved by the Colorado Public Utilities Commission or the Federal Highway Administration, and sold on a per seat basis. 1 X. Solicitation Any attempt or act by or for a Commercial Operator, direct or indirect, verbal, non-verbal or written, of whatever nature to obtain passengers or baggage. Y. Suspension _ The temporary discontinuance of a Commercial Operator's privilege to operate motor vehicles on the Airport and/or to conduct business activities in the Airportlerminal. Z.Trip The operation of a motorvehicle through the roadways and the loading and unloading areas of the Airport, beginning at the entry points or gates along the roadways leading to the Terminal and ending at the exit points as shown on Exhibit A. AA. VVJC Vail Valley Jet Center, LLC. BB. Walk-un Passenser A passenger for whom reservations have not been made for ground transportation services prior to the passenger's arrival at the Airport, also sometimes refened to as an ,, a ,.non- prearranged passenger". Section Three COMPLIANCE WITH LAWS AND DIRECTIVES 3.0 Commercial Operators conducting business activities upon Airportpremises shall complywith all laws of the United States and the State of Coiorado, iU *bs and regulationi promulgated by the Transportation Security Administration, the Resolutions and Regulations of Eagle County and the Town of Gypsum (to the extent within the Town of Gypsum; white uponAirport property. 3.1 No Commercial Operator upon Airport property shall fail to obey any lawful directive ofany police officer or Ground Transportation Employee. Authority is hereby vested in Ground Transportation Employees to enforce these regulations including, by way of example but not byway of limitation, authority to monitor the business activities and the meet and greet of passengers by commercial operators at the Airport, to control vehicular traffic, solicitation and cruising at the Airport, to direct motor vehicle movements within commercial loading and unloading areas, and to require the removal of motor vehicles from loading and unloading areas in order to alleviate congestion. Section Four OPERATING REOUIREMENTS 4.0 Each Commercial Operator seeking to conduct business activities and to operate motor vehicles upon Airport premises shall register with the Aviation Director each Ground Transportation Year and shall poss€ss an AVI Transponder for each vehicle accessing the Airport for the purpose of conducting business at the Airport, or shall be assessed a Penalty Access Fee, in an amount as prescribed in the attached Exhibit C. 4.1 Commercial Operators with Concession Agreements shall be authorized to conduct business upon the Airport in the same manner as other ground transporation providers except that they shall be authorized additionally to operate their businesses within "ounter spaces in the Airport Terminal set apart for the exclusive use of such Commercial Operators. Section Five PROCEDURES FOR OBTAINING OPERATING PRIVILEGES 5.0 Operating privileges will be granted to a Commercial Operator who satisfies the terms and conditions of these Rules and Regulations. Operating during the Grotrnd Transportation Year shall be deemed agreement to and acceptanci of the following terms: A. Insurance Commercial Operators shall submit certificates of insurance in a form acceptable to the Aviation Director and the Eagle County Attomey with coverages and in amounts required by the terms of these Rules and Regulations or by Concession Agreement. A.l General Liabilitv Insurance A Commercial Operator shall maintain a comprehensive general liability insurance policy which will cover against liability for injury to persons and/or properry, and death of any person or persons occurring in or about the airport. The liability under such insurance shall not be less than $1,000,000 General Aggregate. 4.2 Motor Vehicle Insurance A Commercial Operator shall maintain a motorvehicle insurance policy, provided by an insurance company authorized to do business in the state of Colorado, in such minimum amount of $1,000,000 Combined Single Limit (each accident). B. Additional Insured Eagle County and ECAT shall be endorsed on comprehensive general liability and motor vehicle liability policies as an additional insured. The Commercial Operator shall furnish certificates to the County prior to commencing operations evidencing that the insurance is in full force and effect during the term of the operating privitege and that the County and 9 ECAT shall be notified, in writing, by the insurers at least ten (10) days prior to anycancellation of the policy. C. Indemnification commercial operators shall indemnifr, defend, and save the county and ECAT, andtheir respective agents, officers, and representatives and employees -harmless from andagainst any and all judgmentg penalties, liability or loss, inciuding costs and reasonable attorney's fees resulting from claims or court actions, whether civif criminal or in equity,arising directly or indirectly out of acts of the Commercial Operator, his agents,employees or servants, or through any injury or casualty occurring on the Airpo.t u, uresult of said loss. D. Workers'ComDensation The Commercial Operator shall maintain the statutorily required workers' compensation msurance coverage on all employees. E. Operating Authoritv Commercial Operators who engage in grourd transportation activities requiringauthorization by or registration with the Colorado Public Utilities Commission br theFederal Highway Administration shall submit to the Aviation Director current copies of such authorization registrations and tariffs issued to the Commercial Operator by those agencies. With the exception of Rental Cars and Rental Car related operations vehicles, eachcommercial vehicle operated on Airport property must be Lquipped with an AVITransponder that is registered with^the Eagle County Regional Aird;. prior to enteringAirport property, Commercial Operators shall submit fully executed AVI fuEApplications in a form established by the Aviation Director. AVI Transponders -uy Uipurchased, as described below. Care, maintenancg and upkeep of Transponders are theresponsibility of the purchaser. 5'1 Commercial operators shall promptly provide to the Aviation Director updated copies ofthe foregoing items when changes occur in any of them or upon county's ..qu"rt. 5'2 The County reserves the right to refuse to grant access to any transportation provider whois unwilling to submit to the above requirements or who has violated these rules and regulations. 5'3 The Aviation Director or his designee shall have authority to receive from Commercialoperators documentation establishing the foregoing requirements. F. t0 Section Six AUTOMATED VEHICLE IDENTI FICATION TAG REOUIREMENTS 6.0 Eagle County maintains and operates an Automated Vehicle Identification (AVI) system. Before operating motor vehicles upon Airport premises, except as otherwise hereinafter provided, Commercial Operators that will access the Airport during the Ground Transportation Year shall secure an AVI Transponder for each of their vehicles. 6.1 AVI Transponders must be purchased from the Eagle County Regional Airport. 6.2 Except as otherwise provided herein, AVI Transponders shall remain affixed to the vehicles to which they are assigned, at all times. Commercial Operators shall use the AVI Transponder only for operation upon the Airport of the vehicle to which the AVI Transponder is assigned and registered. An AVI Transponder may only be transferred to a Replacement Vehicle upon written approval of and re-assignment by the Aviation Director, for good cause shown. 6.3 The use by a Commercial Operator of an AVI Transponder issued to a different Commercial Operator is strictly prohibited. 6.4 AVI Transponders may be deactivated in the event of misuse and access to the Airport may be denied. 7 '0 Prior to operating in a new Ground Transportation Year each Commercial Operator vehicle that accesses the Airport must be registered with the Aviation Director. The regijtration fee shall be established each year, in an amount to be determined by the Aviation DirecioE prior to the start of that Ground Transportation Year. Section Eight S0LICITATION AND BUSINESS RESTRTCTIONS 8.0 It shall be prohibited for any Commercial Operator to conduct any ground transportation business or concession upon the Airport or roadways or other facilities used or opirated in conjunction with the Airport or for any person to sell, offer for sale or furnish any ground transportation service or commodity upon the Airport except as specifically authorized herein for Commercial Operators. 8'1 Commercial Operators shall not engage in Solicitation upon Airport premises unless otherwise authorized through a Concession Agreement. 8.2 Commercial Operators likewise shall not enter into or attempt to make any arrangement with sky caps, maintenance employees, airline or other tenant employees, or County "mployeeswhether or not for compensation whereby such persons undertake or agree to engage in Solicitation for a Commercial Operator. tl Section Seven Section Nine 9'0 Commercial Operators are authorized to meet passengers in the Airport Terminal in areasdescribed in concession Agreements as available for the exJusive use of Commercial operarcrswho have such agreements, or in areas authorized by the Aviation Director or his designee. 9'l All Commercial operators within the Airport perimeter shall have a passenger manifestavailable for immediate review by Ground Transportation Employe", upon ,"qu.rt. Thismanifest shall contain the date, name of arrival, numberof riders, and-airline wi*r nignt number.This manifest shall be on the person of Commercial Operator's emplovees meeting"orgreeting passengers or behind the counter of companies having concession Agreements 9'2 No Company Representative of any ground transportation company may porter passengerbaggage unless the passenger has, without solicitation from the -Cornpuoy^nepresentative, requested such assistance; Skycap service is not reasonably available, or-unless the CompanyRepresentative is claiming and delivering tlelayed baggage under contract. A. Drop Off: The company Representative may assist the passenger with his or her baggage. The Company Representative must use the designatid unloading area, as ifr'oiunin Exhibit A, and must refum to his or her vehiile immediately*upon delivering the passenger's bags at the Terminal. B. pick Up; The company Representative may assist the passenger with the baggage. TheCompany Representative may not proceed beyond the design'ated m-e-"tlng ureu,but may take the p-assenger's luggage from tle designated meeting area-to thevehicle, and retum for additional baggage. 9'3 Self-service luggage carts, if located^throughout the Airport for use by the travelingpublic shall not be gathered or retained by Cornmercial operators for resale or for use in theoperation of their businesses or for any other purpose. Commercial operators shall not conrractverbally or in writing with any other parties for thi purpose of utilizing self-service luggage cansin the operation of their businesses. 9.4 A' Company Representatives shall meet passengers only in designated areas.Aviation Director may limit the number of company nepresenltives that rnuy -J"t passengers u1 1ty time' Company Representatives shall be inside the Airport Terminal no more than fifteen ( l 5) minutes prior to the scheduled arrival of the flight of a Pre-Arranged passenger. The driveror other Company Representative must leave the aitport Terminal iirmediatelf upoo **"tingthe Pre-Arranged Passenger. If the flight is resched-uled, the designateii driver or CompanyRepresentative must leave the Airport Terminal and return no rnor" than hfteen (15) minutesprior to the re-scheduled arrival of the flight of the Pre-Arranged passenger. Drivers or other Company Representatives who violate this rule may be issued a Notice of Violation and required to leave Airport Terminal immediately. B. Commercial Operators without Concession Agreements may meet Pre-Arranged Passengers in the authorized passenger meeting area for ground transportation providers, designated and approved by the Aviation Director, which is described as follows: The area that shall be designated and separated by a railing, stanchiono or other means, installed by Airport Staff, in the westernmost portion of the baggage claim area, west of the baggage claim carousels and north of the westernmost airport terminal doors. See Exhihit ,,8,, for a diagram of neeting area. C. Commercial Operators who meet and greet Pre-Arranged Passengers upon Airport property other than in areas authorized by Concession Agreement or this document, must receive prior written permission from the Aviation Director or his designee. D. It is prohibited for any person to give false or misleading information for the purpose of obtaining authorization to meet Pre-Arranged Passengers. 9.5 Meetine and Greetins WaIk-Un Passengers A. Commercial Operators or other Company Representatives may meet Walk-Up Passengers, or non-prearranged passengers inside the Airport Terminal only if the Commercial Operator has obtained a Concession Agreement with ECAT and has obtained authorization and appropriate operating authority. Commercial Operators that have not obtained a Concession Agreement with ECAT are prohibited from meeting Walk-Up Passengers or non-prearranged passengers inside the Airport Terminal. B. Commercial Operators engaged in a contractual Concession Agreement with ECAT are authorized to meet passengers in the Airport Terminal in the areas described in the Concession Agreerrent, or in areas authorized by the Aviation Director or his designee. C. Commercial Operators and their representatives shall not loiter on sidewalks, at Airport Terminal doors, or any area not authorized by the Aviation Director or his designee. D. Walk-Up Passengers who inquire about ground transportation services at information counters which are operated by the County or other entities shall be furnished information regarding the Commercial Operators who serve the destinations identified by the passengers, including information as to the fypes of services. t3 Section Ten l0'0 Commercial Operators doing business upon Airport premises as authorized herein abide by the following rules of conduct while upon the Airport: A. Commercial Operator Demeanor Commercial Operators shall be courteous to the public and to other Commercial Operators and their employees. The Commercial Operator's imployees shall be clean, efficient and neat in appearance. Commercial Operators shall not allow employees on the Airport to useimpropo language or to act in a loud or boisterous or otherwise improper manner. Commercial Operators shall not engage in open, notorious and public disputes, diiagreements or conflicts tending to deteriorate the quality of the ground transportation services of bommercial operators or their competitors or incompatible with the best interests of the public at the Airport. Obscene communications, threats of violence or physical harm, fighting, gambling, public intoxication and carrying of weapons or illegal substances on Airport premises ur" "*pr..riy prohibited. B. Deception of the public It shall be a violation of these Rules for a Commercial Operator to deceive or attempr ro deceive the public through false representations concerning its prices or services or those ofuny other ground tansportation provider. C. Obedience to Signs Commercial Operators shall obey all posted signs located upon Airport property. D. Lugsage Carts for Passensers No Commercial Operator shall issue luggage carts to its passengers upon Airport p,rogerb/ for the purpose of allowing its passengers to retrieve their luggag" or oth", parcels. It shall be further prohibited for a Commercial Operator to rent or use r"lf-r"*ice luggage cartsprovided by the Airport or its contractors for the conduct of its business activities. E. Uniforms In order to maintain a professional, business-like and orderly environment at the Airport, uniforms worn by Company Representatives upon Airport property rttutt U" neat and tidy. L Gratuities Commercial Operators and their representatives while upon Airport property shall notsolicit gratuities or tips, directly or indirectly, from their customeis. 14 moron vnu rcrnsS$l"iili[il nn o urnr un xrs I1.0 Motor vehicles operated by or under agreement with Commercial Operators upon the Airport shall be operated in compliance with the following requirements: A. Unattended Vehicles l. It shall be prohibited for any Commercial Operator to leave its motor vehicles unattended upon Airport roadways or in the commercial lanes of the Terminal. Commercial Operators may leave an unattended vehicle in authorized areas of Airport property if meeting and greeting a passenger in accordance with Section 9. 2. Vehicles left without a driver in unauthorized areas of the Airport, or in a manner that causes or may cause an operational, safety or security concetn or hindrance may be immediately towed from the Airport at Commercial Operator's oxpense. 3. Ground Transportation Employees shall have authority, in their sole discretion, to require Commercial Operators to move their vehicles in order to maintain efficient traf'fic movement or to maintain Federal Aviation Administration security requirements and guidelines. B. Traffic Routes and Passeneer and Parcel Loadins and Dischareinq Motor vehicles operated by Commercial Operators shall not circulate through Airport roadways along any route other than those shown upon the attached drawing of the Airport marked Exhibit A, which drawing is incorporated herein and made a part hereof by reference. C, Passenger and Parcel Dron-Off in Designated Areas outside the Terminal 1. Commercial Operators must deliver departing passengers to the east of the Terminal in the designated drop-off area, as shown in Exhibit A, unless directed by Airport staff to another specific area. Commercial Operators may not stop and wait in the designated drop off area. Attended vehicles may be in these designated drop-off areas only for the time required to unload passengers and baggage. Unattended vehicles are not allowed in the designated drop-off area. 2, Courier Operators shall drop off parcels at the Airport Terminal only in the drop- off areas shown on Exhibit A. D. Pirsseneer and Parcel Loading in Designated Areas outside the Terminal Commercial Operators' vehicles waiting to pick-up arriving passeng€rs shall park in the pick-up area as designated for their type of vehicle on Exhibit A, except as permitted by separate agreement with ECAT. It shall be prohibited for any Courier Operator to load parcels upon Airport property in any location other than in the authorized loading areas of the Airport Terminil as shown on Exhibit A, and in such other areas as may be authorized by Ground Transportation Employees. Door loading by Commercial Operators is prohibited except that Commercial Operators carrying celebrities, VlPs or other persons whose presence may disrupt the normal course of Airport activities, or carrying persons with disabilities, elderly, or unaccompanied children may load such passengers at specifically authorized locations with prior apprwal of the Aviation Director or his designee. E. Use of Commercial Vehicle Holdins Lots All Commercial Operators who have operating privileges or a Concession Agreement may make use of the Commercial Vehicle Holding Lots, and may park their vehicles within the temporary parking areas of the Commercial Vehicle Holding Lots as made available by Airport staff. F. Cruisine Prohibited It shall be prohibited for Commercial Operators to engage in Cruising upon Airport properly. G. Airoort Parkine Lots Commercial Operators shall not conduct any business upon or leave commercial vehicles in public parking lot facilities, including employee parking lots, upon Airport properly. Any commercial vehicle parked in public parking facilities will be towed ai the -expense of the Commercial Operator. This includes cornmercial vehicles used as personal vehicles of employees. Exceptions to this rule may be granted at the discretion of the Aviation Director or his designee if requested in advance. lt is the intent of this rule that such exceptions shall be granted on a one-time basis and not for multiple occasions. It shall be the responsibility of the owner and/or operator of any such vehicle to request such an exception in idvance from the Aviation Director's Office, and to firrnish the license number of the vehicle which is to be parked in an Airport parking facility to the Aviation Director or his designee if the request is granted. H. No Personal Business in Loading Areas The Loading and Unloading Areas established herein are available only for.the use of Commercial Operators. No personal or employee cars are allowed. I. Double Parkinq Prohibited Double Parking of motor vehicles by Commercial Operators upon Airport roadways is prohibited. 16 J. Motor Vehicle Markines Motor vehicles operated upon Airport property by Commercial Operators, including courier services, whether or not for hire, shall have clearly displayed and permanently affixed on the vehicle any markings required by the Colorado Public Utilities Commission and Federal Highway Administration authority numbers. K. Vehicle Safetv Commercial Operators shall rnaintain all motor vehicles operated upon Airport roadways in accordance with vehicle safety requirements of the Colorado Public Utilities Commission and other state law. L. Vehicle ldle Time Commercial Operators ar€ encouraged to furn off their vehicles during dwell time at the Airporr. In the event it is not practicable to turn off a vehicle due to extreme cold, Commercial Operators are encouraged to limit any vehicle idling time to fifteen minutes or less. Section Twelve CAR RENTAL OPERATORS CAR RENTAL OPERATORS WITH CONCESSION AGRNEMENTS 12.0 Rental Car Operator Types A. ln-Terminal Operator - In Terminal Rental Car Operators are those that have Concession Agreements with ECAT which grant the use of counter space in the Airport Terminal for the provision of rental car services to passengers arriving at the Airport Terminal and the use ofready and refurn vehicle parking spaces. B. Vail Valley Jet Center (VVJC) Operator - Rental Car Operators that have an agreement with the VVJC to provide rental car services to passengers arriving at the VVJC. C. Out-of-Terminal Operator - An Out-of-Terminal Operator is one that does not have a Concession Agreement with ECAT, and provides rental car serr,'ices to passengers arriving through the commercial passenger Terminal under an Out-of-Terminal Performance and Use Agreement with Eagle County. OuGof-Terminal Operators do not have counter space in the Airport Terminal or use of any reserved ready or return vehicle parking spaces. A copy of the Out-of-Terminal Operator Performance and Use Agreement can be obtained from the Airport Administrative Office. Out-of-Terminal Operators are required to report monthly all required gross receipts from business derived from the Eagle County Regional Airport. The Gross Monthly Revenue Report and payment are due in the Airport Administration Offrce by the 20th of the month for the preceding month. Accurate and timely reporting of revqnues and payment ofthe required percentage ofgross revenue is required for continued II access to the Airport. 12.1 Fees for Concessionaire Car Rental Operators A. In-Terminal Operator - Rental Car Operators who have Concession Agreements with ECAT shall pay to ECAT concession fees in the amount agreed upon in said Concession Agreement. B. Vail Valley Jet Center (VVJC) Operator - Rental Car Operators that have agreements with the VVJC shall operate and pay fees subject to their agreements with the WJC. C. Out-of-Terminal Operator - Rental Car Operators which have Performance and Use Agreements shall pay to the County fees in the amount set forth in the Perfonnance and Use Agreement. Currently those fees are set at fourteen percent (14%) of gross revenues. D. Fees are subject to change at any time. r2.2 operators with out-of-Terminal Performance and use Asreements A. Out-of-Terminal Operators are not permitted to park or stage Rental Cars on the Airport without prior authorization or by separate agreement. Business transactions must be performed at each respective rental office and customers may be transported for business transactions only in a company courtesy vehicle clearly marked with the name of the Out-of-Terminal Operatoi. Rental Cars may not be used for transport of the customers to or from the Airport and may only be obtained from, and returned to, the business office of the respective Out-of-Terminal Operator. Any Rental Cars found parked on the Airport without prior authorization or by a separate agreement will be presumed to be parked for business purposes and removed at the Owner's or Commercial Operator's expense. B. The Aviation Director in his discretion may require such Rental Car Operators ro pay a minimum monthly sum for the privilege of operating motor vehicles and conducting buslnlss activities upon the Airport premises. Such fees will be set forth in the Performance and Use Agreement. Section Thirteen FEES GUIDELINES FOR PASSENGER OPERATORS 13.0 All GroundTransportation vehicles providing service at the Eagle County Regional Airport (except Rental Car OperatorRental Cars) are required to obtain and display an AVI Transponder. Except for Rental Cars and Rental Car related operations vehicles, any vehicle of a Commercial Operators that does not display an AVI Transponder will immediately be issued a Notice of Violation, assessed a Penalty Access Fee, in an amount as prescribed in the attached Exhibit C, and required to leave Airport premises immediately. All fees shall be paid as set forth herein and as indicated in Exhibit C. 13.1 Penalty Access Fees are due imrnediately upon notification. Should Penalty Access Fees 18 remain unpaid, Commercial Operators with delinquent fees attempting to access the Airport will be immediately expelled without having access to passengers or the Airport Terminal, and will not be allowed to conduct any ground transportation business. The Airport will mail notification of delinquent fees by certified letter as a written record of fees owed. 13.2 The following rules apply to all AVI Transponder holders: A. The Ground Transportation Year shall run from November I to October 3l of each calendar year. B. AVI Transponders must be affixed on the windshield, or other location as deemed appropriate by the Aviation Director or his designee, of the permitted vehicle so the Transponder is plainly readable by AVI System at all times. AVI Transponders will be affixed to vehicles by Airport staff. Fixatives or other ddhesives are prohibited without the express consent of the Aviation Director or his designee. The Aviation Director or his designee is hereby authorized to check the fixative or use of any Transponder which may appear suspect. Undisplayed AVI Transponders and AVI Transponders displayed in any unapproved manner will be deemed invalid and the vehicle will be deemed to be un-permitted and charged a Penalty Access Fee and other penalties as outlined in these Rules and Regulations. C. AVI Transponders may not be reused and are not transferable from one vehicle to another except in the case of the destruction or sale of a vehicle and its replacement, proved to the satisfaction of the Aviation Director or his designee, in their sole discretion. Temporary vehicles will require a new AVI Tag. D. If an AVI Transponder is damaged or destroyed, a new AVI Transponder will be issued at no cost only when the remains of the purchased Transponder are.turned into Airport Administration. Should AVI Transponders become inoperable for any reason, it is the responsibility of the Commercial Operator to exchange it for a new AVI Transponder. Vehicles not displaying an AVI Transponder due to its damage or destruction will be assessed a Penalty Access Fee. E. All required information and fees due must be received by Airport Administration prior to the issuance of AVI Transponders. F. AVI Transponders may be purchased by appointnent in the Airport Administrative Offices on Monday through Friday, 8:00 a.m.-5:00 p.m. excluding Eagle County holidays. G. All Commercial Operators shall pay the fees set forth in Exhibit C, "Ground Transportation Access Fees," attached hereto and incorporated herein by reference, All fees shall be paid within thirfy (30) days of any invoice date. Any payment made later than thirty days after an invoice date shall be assessed interest until paid. The interest shall accrue at a rate of five (5) percent per month. H. In any action or proceeding to collect fees, penalties and interest due under these l9 Rules and Regulations, Eagle Counfy or ECAT shall be entitled to recover from the other pany all costs, expenses and attorney fees associated with such collection. I. Jurisdiction and venue for any suit, right or cause of action arising under or in connection with these Rules and Regulations shall be exclusively in the District or County Court of Eagle County, Colorado. J. Should any Commercial Operator fail to timely pay all fees, penalties and expenses as required by these Rules and Regulations, such Commercial Operator may be denied access to the Airport until payment in full is made, including any late fees and interest. K. Payments made by a Commercial Operator shall first be applied to any penalties, late fees and interest. Section Fourteen SUSPENSION AND REVOCATION l4'0 All Commercial Operators must comply with the directives of Ground Transportation Employees and Airport staff and with these Rules and Regulations. The Aviation Director shall have the power to suspend the operating privilege of any Commercial Operator for non- compliance with any lawful directive of Ground Transportation Employees and Airport staff; a violation of these Ground Transportation Rules and Regulations, behavior that disrupts the effective operation of the Airport Terminal, or any behavior that the Aviation Director determines creates a danger to the Airport personnel or the traveling public. The Aviation Director shall have the power to revoke the operating privileges of any Commercial Operator or its driver, employee or Company Representative for repeated non-compliance with these Ground Transportation Rules and Regulations and directives or where the Commercial Operator or its Company Representative is deemed a danger to the health, safety, and welfare of any Airport user, the public or employees. 14.1 Notices of Violation - Suspension A' Any failure to comply with the lawful directive of Ground Transportation Employees or Airport staff or any violation of these Rules and Reguiations by a driver, employee or Company Representative shall result in the issuance of a Notice of Violation to the Commercial Operator. A Notice of Violation will be issued by the Aviation Director or his designee. A copy of the Notice of Violation may be delivered by hand delivery, email, ground shipping methods, or forwarded via certified mail to the Commercial Operator, but in all cases, a copy of the Notice of Violation will be forwarded to the registered owner of the ground transportation company, and recorded against the Commercial Operator. A Notice of Violation shall be deemed delivered on the date of hand delivery to a Company Representative; on the date a FAX or email is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; three days after the date ofdeposit, first class postage prepaid, in an official depositary of the U.S. Postal Service; or one day after delivered via electronic mail. 20 B. A Commercial Operator issued one (l) Notice of Violation during a Ground Transportation Year will not be immediately suspended, unless the Aviation Director, or his designee, determines that the Commercial Operator's behavior was willful and/or deliberate and a disruption to Airport staff or the traveling public. C. Upon issuance of a second Notice of Violation during one Ground Transportation Year, a Commercial Operator's operating privileges in the Airport Terminal shall be suspended for a period of seven (7) days, or until such suspension is earlier reduced or removed. The Aviation Director, or his designee, shall give the Commercial Operator five (5) days prior written notice of the effective date for the suspension of said privileges. Nonetheless, a Commercial Operator receiving two (2) Notices of Violation during a Ground Transportation Year must meet with the Aviation Director no later than seven (7) days after issuance of the Notice of Violation to discuss the repeated violations. At the meeting, the Commercial Operator may demonstrate to the Aviation Director or his designee that such operator or person has remedied or is making a good faith attempt to remedy its failure to satisfy the requirements of these Rules and Regulations. If the Commercial Operator or Company Representative whose operating privileges are or may become suspended demonstrates that it is making a good faith effort to remedy its failure to satisfy the requirements, the Aviation Director, or his designee may, in his or her sole discretion, remove or reduce the suspension. Any decision of the Aviation Director or his designee concerning suspension of Airport privileges pursuant to this Section shall be considered final agency action. D. Failure to comply with the terms of the suspension shall be cause for issuance of an additional Notice of Violation and the revocation of operating privileges for a period of one (l) calendar year. E, Ntttwithstanding any other provision herein, the Aviation Director may summarily suspend, without prior notice, the operating priviteges of a specific driver or Commercial Operator on the Airport and/or Airport Terminal if the Aviation Director has reasonable grounds to believe and finds that the public health, safety or welfare requires such emergency suspension. 14.2 Revocation A. The operating privileges of a Commercial Operator receiving three (3) written Notices of Violation during a Ground Transportation Year shall be revoked for a period of one (l) calendar year. Commercial Operators whose operating privileges have been revoked shall be denied access to the Airport Terminal. B. Where revocation of operating privileges results from a Commercial Operator incurring three (3) Notices of Violation within a Ground Transportation Year, or by failure to comply with terms of suspension, the Aviation Director shall give the Commercial Operator five (5) days prior written notice of the decision to revoke said privileges. C. A Commercial Operator whose privileges have been revoked may apply for renewed privileges after a twelve (12) month period has elapsed following the date of revocation, during which time, said revocation was adhered to. The Aviation Director, in his discretion, may allow an earlier re-application following revocation where justified by equitable considerations. D. A Commercial Operator, driver, employee or Company Representative's failure to comply with the terms of revocation shall be issued an additional Notice of Violation, which will result in an added suspension and/or revocation for an additional period of time, which time will be added 1o the current term of revocation. E. Notwithstanding the notice provisions hereof, the Aviation Director may revoke without notice the operating privileges of any person or entity if, that person or entity is deemed to endanger the health, safety, and welfare of any Airport user, the public, or employees. F. Any Commercial Operator or Company Representative rvhose operating privileges are or may become revoked for other than a deliberate or willful violation of such requirements may request a meeting with the Aviation Director so as to demonstrate to the Aviation Director or his representative, at any time prior to such revocation or after such revocation has been imposed, that such operator or person has remedied or is making a goocl faith attempt to remedy its failure to satisfy the requirements of these ground transporlation regulations granted to such Commercial Operator. C. If the Commercial Operator or Company Representative whose operating privileges are or may become revoked dernonstrates that it is making a good faith effort to remedy its failure to satisfy the requirements, the Aviation Director or his representative may, in his or her sole discretion, reverse the revocation if such revocation has been imposed, or abandon the procedure if such revocation has not yet been imposed. H. Hearins Procedure: Any Commercial Operator whose operating privileges inside the Airport Terminal have been revoked shall have the right to a hearing provided bylhe Eagle County Manager, or his designee, except where the basis of the violation has been proved in a court of law or before another local, state or federal regulatory or govemmental agency. Such a hearing must be requested within five (5) days of receipt of the notice of revocation. The Eagle County Manager shall have the authority to waive the time requirements set forth herein upon good cause shown. The Eagle County Manager's decision following said hearing shall be deemed final agency action. All revocation periods will be held in abeyance p.ndittg utry hearing or appeal. Section Fifteen MISCELLANEOUS 15'0 If any provision of these Rules and Regulations is held by a court to be invalid, the validity of other rules and regulations herein shall remain in full force and effect. The remedies and enforcement tools set forth in these Rules and Regulations shall be cumulative. <<<<<SIGNATURE PAGE TO FOLLOW Clerk of the Board of County Commissionersht-.6o*t(v(t Dated: 1'll ' l! Attest: EXHIBIT A 3: xa ] ::k ax<d 3Z tg z4ae : ai J!5 ; 2tr ETox od AEoo22 ?? Fg;sr+ i EiE p: '' i I@IL Iiiil:lrl * *trgH aor;i r65EF t"*, i Xil*; , uJ8r' TLIori u ! m Ir I qa $*fil * c+rg; ss:o qleisFir?e8I3 :a,ul.t)r<o- ..1 -u>;oJ LIJF>.1ic ^Uau)31U..!0.-ol-!Y o-,f .!a [' 11 uL{ b0 *) 1) 'E z. Yt-r;i u ()aa r#t 25 EXHIBIT C GROUND TRANSPORTATION ACCESS FEES: l. Penalty Access Fees: Any Commercial Operator providing transporlation to and/or from the Eagle County Regional Airport whose employee, Company Representative or an independent contractor acting on its behalf, fails to display an AVI Transponder in its vehicle will be assessed a Penalty Access Fee. Payment of Penalty Access Fees may be credited toward the purchase of an AVI Transponder. Penalty Access Fees are as follows: Vehicle Seatine Capacitv Penaltv Access Fee Large 33 or more Medium Small Courier 16 to 32 15 or less $225.00 $ 17s.00 $ r00.00 $ l 75.00 2. AVI Transponder Fee: A Transponder may be purchased for $30.00 from the Eagle County Regional Airport. Each vehicle will have its own registered Transponder. If an AVI Transponder is damaged or destroyed, a new AVI Transponder will be issued at no cost only when the remains of the purchased Transponder are turned into Airport Administration. 3. Annual Vehicle Registration Fee: Prior to operating in a new Ground Transportation Year each Commercial Operator vehicle that accesses the Airport must be registered with the Aviation Director. The registration fee is $25"00 per vehicle. 4. Per Trip Fee: Commercial vehicles accessing the Airport will be charged $1.00 per available seat through April30,20l4 ("Per Trip Fee"). Effective May 1,2014, the Per Trip Fee shall be increased to $ 1.50 per available seat. Available seats of each vehicle will be determined by Airport personnel. Charges will be levied for any and all Airport access by commercial vehicles. A. The Per Trip Fee will be determined by the Eagle Counfy Board of Commissioners and will be charged to all ground transportation/Commercial Operators regardless of whether or not they have a Concession Agreement with ECAT, However, those companies with Concession Agreements with ECAT for ground transportation counter space at the Airport Terminal and payrng a privilege fee will receive a credit from the County on their Per-trip Fee invoice in an amount equal to the amount of xhe monthly privilege fee actually paid to ECAT. This credit may only be used against the Per-trip Fee for a given month. The credit will shall not carry over to previous or future months. 1/. B. In the event a vehicle exits the Airport and returns to the Airport in less than sixty (60) minutes such second trip only shall not be subject to a per Trip Fee. C. Commercial Operators will not be assessed a Per Trip Fee when a commercial vehiele enters the Airport at the east Airport access road entry, see Exhibit A, (AVI location #6), parks in the East Hold Lot, and exits directly from the East Holding Lot out the east Airport acciss road exit (AVI location #6), without advancing further west than the East Holding Lot. Advancing further west, beyond the East Hold Lot will result in a Per Trip Fee assessment for that Arport visit. 5. Hotel and Motel Operator Annual Coqnlimentarv Service Vehicle Permit: Effective November 1,2014 Hotel and Motel Operators offering complimentary ground transportation to their guests to or from the Airport are required to register their vehicles under an Annual Complimentary Service Vehicle Permit. This permit is required fbr each vehicle that provides such service to or from the Airport. The current Annual Complimentary Service Vehicle permit fee is $ 150.00 per vehicle, per Ground Transportation Year. Vehicles operating under an Annual Complimentary Service Vehicle Permit are required to have a valid AVI Transponder properly affixed to each vehicle. Annual Complimentary Service Vehicle Permit fees are in addition to AVI Transponder purchase costs. Hotel and Motel Operators of'f'ering ground transportation to their guests to or from the Airport for a fee are not eligible for the Hotel and Motel Operator Annual Complimentary Service Vehicle Permits in vehicles where fee based transport is conducted. For-fee trips to or from the Airport are prohibited in vehicles registered with Annual Complimentary Service Vehicle Permits. 6. Dwell Time is not presently charged to Commercial Operators. The County reserves the right to add dwell time fees in its sole discretion. 27