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HomeMy WebLinkAboutR92-175 Eagle County Regional Airport Ground Transportation Fees • RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION 92- /`?, IN RE THE MATTER OF GROUND TRANSPORTATION FEES FOR THE EAGLE COUNTY REGIONAL AIRPORT WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), has established, operates, owns, controls, and regulates the Eagle County Regional Airport (hereinafter the "Airport ") pursuant to its authority under Section 41 -4 -102, et seq., C.R.S.; and WHEREAS, pursuant to Section 41 -4 -103, C.R.S., and in connection with the operation and maintenance of such Airport, the Board has the power and jurisdiction to regulate the receipt, deposit, and removal and embarkation of passengers or property to or from the Airport; to exact and require charges, fees, and tolls, together with the power to eject or deny access to enforce their payment; to lease or assign for operation such space or area, appurtenances, appliances, or other conveniences necessary or useful in connection therewith; to provide rules and regulations governing the use of the Airport and the use of other property and means of transportation within the Airport; to perform any duties necessary or consistent for the regulation of ground traffic; to enter into contracts or otherwise cooperate with the Federal government or other public or private agencies; and to exercise such powers as may be required or consistent in the promotion of aeronautics and the furtherance of commerce and transportation by ground; and WHEREAS, the Board desires to establish fees to be collected from persons accessing Airport property with commercial ground transportation in order to offset a portion of the costs of operation at the Airport. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby establishes a schedule of ground transportation fees at the Eagle County Regional Airport for commercial ground transportation carriers accessing airport property as follows: . • 1. Each person, firm or agency obtaining a Ground Transportation Permit from the Eagle County Regional Airport shall pay an annual Filing Fee of $200.00. Any ground transportation provider paying only the daily fee shall be exempt from said filing fee provided said transportation services do not exceed the ten (10) day limit as setforth in the Daily Fee section. 2. In addition to the annual Filing Fee, all persons, firms, or agencies providing ground transportation from the Eagle County Regional Airport shall pay annual permit fees as follows: VEHICLE TYPE: PAYMENT DUE: BUS: $300.00 (Seating Capacity of 21 persons or more, including the driver) VAN /LIMOUSINE: 1 - 10 Vehicles $250.00 per vehicle 11 -25 Vehicles $150.00 per vehicle 26+ Vehicles $ 50.00 per vehicle (Seating capacity of 9 to 20 persons, including driver.) TAXICAB /LIMOUSINE: 1 -10 Vehicles $100.00 per vehicle 11+ Vehicles $ 50.00 per vehicle (Seating capacity of 8 or less persons, including the driver.) COURTESY VAN: No per - vehicle charge (A vehicle providing ground transportation for its guests or customers as a courtesy only, not for hire.) A fifty percent reduction in the fees will be given to annual permits issued after the first day of June of each calendar year beginning year. All permits and fees are valid from December 1 through November 30th of each calendar year. 3. A DAILY FEE will be charged to those transportation providers who do not wish to acquire an annual permit, and who serve the Airport on an "on- call" basis, and who provide passenger pickup service from the Airport less than ten (10) days per year. The Daily Fee shall also be charged to ground transportation companies providing transportation service from diverted aircraft and to courtesy shuttle vans providing transportation at no charge who have opted not to pay a Filing Fee. Should either courtesy vans or companies providing diversion service acess more than ten times, they must pay a filing fee and pay applicable permit fees. -2- • The daily fees are as follows: Bus $40.00 per vehicle Van /Limousine $30.00 per vehicle Taxicab $15.00 per vehicle OFF - AIRPORT RENTAL CAR AGENCY shall pay to the County six percent (6%) of all gross revenue derived by said Off - Airport Rental Car Agency from the rental of vehicles to customers picked up by said Off - Airport Rental Car Agency from any point within the Airport. For all purposes, gross revenues shall mean all amounts received by the Off - Airport Car Rental Agency, or which the Off - Airport Rental Car Agency is entitled to receive for the rental and servicing of vehicles, to any person picked up by the Off - Airport Rental Car Agency from any point on the Airport, including but not limited to the Airport Terminal Building, any premises leased by the Airport to a third party doing business on the Airport, or from any other location within the Airport. Off - Airport Rental Car Agencies shall not be required to pay additional permit fees for courtesy vans which they operate. Payment of required revenues shall be a prerequisite to car rental companies having continued access to the Airport. INSURANCE: Permittee shall maintain a comprehensive general liability insurance policy and automobile insurance coverage with limits not less than $150,000 per person, $600,000 per occurrence, and $600,000 property damage. Eagle County and the Vail- Beaver Creek Jet Center, Inc. and permitted assigns (hereinafter "VBCJC "), the Fixed Base Operator at the Airport, shall both be endorsed on said policy as additional insured. Permittee shall furnish a certificate to the County and to the VBCJC and permitted assigns, prior to commencing operations, evidencing that said insurance is in full force and effect during the term of the permit. The County and the VBCJC and permitted assigns shall be notified in writing by the insurer at lease ten days prior to any cancellation of said policy. Permittee shall maintain the statutorily required workman's compensation insurance coverage on all employees. INDEMNIFICATION: Permittee shall execute a written indemnification agreement. Permittee shall indemnify, defend and save the County and VBCJC and permitted assigns, their respective agents, officers, representatives, and employees harmless from and against any and all judgements, penalties, liability or loss, -3- includin c and reasonable attorne 's fees ees resulting from claims or court actions, whether civil, criminal or in equity, arising directly or indirectly out of acts of Permittee, its agents, employees or servants or through any injury or casualty occurring on the Airport as a result of said acts. THAT, interest shall be assessed beginning ten days after ground transportation fee is due and payable and computed at the rate established pursuant to Section 39 -21 -110, C.R.S. THAT, if any fees imposed hereby shall remain unpaid for fifteen days, the Airport Manager shall issue a notice, setting forth the description of the vehicle(s), the date(s), and violating ground transportation company with the ground transportation fees due and payable, and stating that the County of Eagle, State of Colorado, hereby denies access to the Airport by this vehicle until all fees and penalties due are paid in full. After such notice has been filed, or concurrently therewith, or at any time when fees are unpaid whether such notice if filed or not, the Board may issue a warrant directed to the Sheriff of Eagle County, commanding him to deny access, charge with trespassing, or otherwise remedy as provided by law any company with outstanding balance until all costs, interest and penalties are paid in full. The Sheriff shall be entitled to such fees in executing such warrant as are allowed by law for similar services. THAT, the Board may also treat any such fees, costs, and interest due and unpaid as a debt due the County. In case of failure to pay the fee or any portion thereof, or any cost or interest thereon when due, the Board may receive at law the amount of such taxes, penalties, and interest in such County or district court of Eagle County. The fee assessed by the Airport Manager shall be prima facie proof of the amount due. THAT, such actions may be actions in attachment, and writs of attachment may be issued to the Sheriff, and in any such proceeding, no bond shall be required of the County; and THAT, the Airport Manager shall be and is hereby authorized to establish such reasonable procedures as in his discretion he deems necessary for the collection of ground transportation access fees described herein. THAT, should any section, clause, provision, sentence, or word of 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. -4- e • 1 1 1 THAT the original Ground Transportation Regulations as adopted by this Board on January 14, 1992 (Resolution 92 -08) are hereby modified and amended. Said amended Ground Transportation Regulations are attached hereto as Exhibit A. THAT the provisions of this Resolution are necessary for the health, safety, and welfare of the citizens and residents of the County of Eagle, State of Colorado. MOVED, READ, AND ADOPTED at a regular meeting of the Board f County Commissioners, County of Eagle, State of Colorado, held � 3 — z day of ,ep�tit,�',cQ, , 1992 . e �,� 4 COUNTY OF EAGLE, STATE OF COLORADO 1 .,, '�; By and thr• g its • +� } i� BOARD OF OUNTY COMMISSIONERS • 2.4?- 4 &6 - By <_.; a /.��/ ' ",/ _ • erk to the Board of • ichard L. GU/ afso r ounty Commissioners Chairman / By: ed _ - - , ict; / Georel- A. Gates Commissioner By: — h; Donald H. Welch Commissioner Commissioner a /— seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates ,e- Commissioner Richard L. Gustafson ,e-- Commissioner Donald H. Welch T 4 1 — This Resolution passed by (1,1 / C. vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EAGLE COUNTY REGIONAL AIRPORT Ground Transportation Rules and Regulations The following rules and regulations apply to all owners and drivers of all taxicabs, vans, limousines, buses, courtesy vans, and Off- Airport Rental Car Agencies providing passenger pickup service to the Eagle County Regional Airport. These Rules and Regulations supplement the Airport regulations found in Eagle County Board of Commissioners Resolution Nos. 89 -52 and 82 -87. Section I. Definitions ! wa' vl c ,,` ,/ Airport Eagle County Regional Airport. CA /L G ll`V Bus A vehicle providing ground transportatic seating capacity of at least 21 persons, driver. Courtesy Van A vehicle providing ground transportation to its guests or customers as a courtesy service only, not for hire. Limousine /Van A vehicle providing ground transportation for a fee with a seating capacity of 9 to 20 persons, including driver. Off - Airport Rental Car Agencies All persons, firms, agencies, or companies providing rental car services to passengers arriving at the Eagle County Airport from locations based outside the Airport. Taxicab A vehicle providing ground transportation with a seating capacity of 8 or less persons including the driver. Section II. Permits 1. Owners and drivers of all taxicabs, vans, limousines, buses, courtesy vans, and Off - Airport Rental Car Agencies providing passenger pickup service to the Eagle County Regional Airport (hereinafter "Owners and Drivers ") shall strictly comply with all Federal, State and County laws and regulations and the written and verbal directives thereunder. • 2. Each Owner and Driver shall obtain a permit from the Airport Manager which allows operation at the Eagle County Regional Airport. (Owners and Drivers with a valid permit are herein- after "Permittees. ") All information as may be required on the application for a permit shall be submitted prior to issuance of the permit and shall be updated as changes occur. 3. Each Permittee shall file and keep current with the Airport Manager a list of drivers' names, dates of birth and current Colorado Driver's license numbers and any other information required under the application process. All drivers must have and carry a current, valid Colorado license for his /her class of operation. 4. All vehicles operated by Permittee for passenger conveyance must have current complying PUC and /or ICC inspections and markings. A current copy of a certificate of authority shall be kept on file with the Airport Manager. 5. Non - profit churches, schools, agencies or political subdivi- sions of the State of Colorado and agencies or military ser- vices of the United States shall be exempt from this permitting process but must otherwise comply with these regulations. 6. Insurance Permittee shall maintain a comprehensive general liability and property damage insurance policy and automobile insurance coverage with limits not less than $150,000 per person, $600,000 per occurrence. Such liability insurance shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. Vail /Beaver Creek Jet Center, Inc. (the Fixed Base Operator at the Airport), and its permitted assigns (hereinafter jointly referred to as "VBCJC "), shall be endorsed on said policy as additional insureds; Eagle County shall also be endorsed as an additional insured. Permittee shall furnish a certificate to the County and to VBCJC, prior to commencing operations, evidencing that said insurance is in full force and effect during the term of the permit. The County and VBCJC shall be notified in writing by the insurer as least ten days prior to any cancellation of said policy. Permittee shall maintain the statutorily required workman's compensation insurance coverage on all employees. 7. Indemnification Permittee shall execute a written indemnifica- tion agreement. Permittee shall indemnify, defend and save the County and VBCJC, their respective agents, officers, represen- tatives and employees harmless from and against any and all judgments, penalties, liability or loss, including costs and reasonable attorney's fees resulting from claims or court -2- IL 4i1 • actions, whether civil, criminal or in equity, arising directly or indirectly out of acts of Permittee, its agents, employees or servants or through any injury or casualty occurring on the Airport as a result of said acts. 8. A valid permit must be displayed in the front passenger window of each registered vehicle. 9. The Board of County Commissioners may from time to time dele- gate authority to the Airport Manager to act on its behalf in administering the Airport, regulating the use of the facilities and services of the Airport, determining and collecting use charges therefor, and in carrying out such other duties and responsibilities as may be determined. 10. The permit year shall run from December 1 through November 30. Section III. Ground Transportation Fees 1. Any person, firm, or agency obtaining a ground transportation permit from the Eagle County Regional Airport shall pay an annual filing fee of $200. Any ground transportation provider paying only the daily fee shall be exempt from said filing fee, provided said transportation services do not exceed the ten -day limit as set forth in the daily fee section below. 2. All persons, firms or agencies providing ground transportation to and /or from the Eagle County Regional Airport shall pay annual permit fees as follows: Bus $ 300.00 per vehicle Van /Limousine 1 - 10 vehicles $ 250.00 per vehicle 10 - 25 vehicles 150.00 per vehicle 26 + vehicles 50.00 per vehicle Taxicab 1 - 10 vehicles $ 100.00 per vehicle 11 + vehicles 50.00 per vehicle Courtesy Van No per - vehicle charge A fifty - percent reduction in the fees will be given to annual permits issued after the first day of June. -3- • A daily fee may be charged to those transportation providers who do not wish to acquire an annual permit, and who serve the Airport on an "on- call" basis, and who provide passenger pickup service to the Airport less than ten days per year. The daily fees are as follows: Bus $ 40.00 per vehicle Van /Limousine $ 30.00 per vehicle Taxicab $ 15.00 per vehicle 3. Off - Airport Rental Car Agency shall pay to the Airport County six percent (6%) of all gross revenues derived by said Off - Airport Rental Car Agency from the rental of vehicles to customers picked up by said Off- Airport Rental Car Agency from any point within the Airport. For purposes of this sub- paragraph, gross revenues shall mean all amounts received by the Off- Airport Rental Car Agency, or which the Off - Airport Rental Car Agency is entitled to receive for the rental and servicing of vehicles, to any person picked up by the Off - Airport Rental Car Agency from any point on the Airport, including but not limited to the Airport Terminal Building, any premises leased by the Airport to a third party doing business on the Airport, or from any other location within the Airport. Off - Airport Rental Car Agencies shall not be required to pay additional permit fees for courtesy vans which they operate. The Airport Manager shall adopt a procedure for collecting said amount on a monthly basis. Payment of said amount shall be a prerequisite to car rental companies' having continued access to the Airport. Section IV. Driver /Employee Conduct 1. Drivers shall remain in their vehicles at all times, except: a. when eating, or using terminal bathroom or telephone facilities (and thereafter shall promptly return to his /her vehicle without lingering in the terminal or in front of the terminal) b. when assisting curbside loading and unloading of passen- gers and their baggage; or c. when picking up delayed baggage. 2. No driver or employee of any ground transportation company may porter passenger baggage unless curbside porter service is not reasonably available; and the passenger has, without solicita- -4- 111 . tion from the driver, so requested such assistance, and leaving an unattended vehicle for this purpose would not cause or aggravate traffic congestion; or the driver or employee is claiming and delivering delayed baggage under contract. 3. Solicitation of ground transportation services is strictly prohibited, except that reasonable and professional solicita- tion shall be allowed in Areas 2 and 3, as identified on Exhibit A. A driver is restricted to solicitations in that Area in which he /she is allowed to park under these regula- tions. Whistling, hawking, and light - flashing are deemed unprofessional solicitation. Any solicitation made by adver- tisement attached to a vehicle is specifically allowed. 4. Fights, foul language, gestures, threats, threatening displays or any loud or rude displays are prohibited. 5. Horseplay, games and contests are prohibited. 6. Use or possession of alcoholic beverages or controlled sub- stances is prohibited by drivers and employees while on duty, and while in or around Company vehicles on the Airport. Consumption of alcoholic beverages within the terminal is prohibited except on the premises of the Airport food and beverage vendor. 7. Drivers must be clean, and neatly attired and groomed. 8. If a driver disagrees with a directive, he /she shall be obli- gated to comply immediately with the directive, but may there- after file a protest with the Airport Manager. The protest will be resolved at the earliest possible time by the Airport Manager. Section V. Traffic Regulations for the Terminal Area Regulations within in this sections shall apply to the operation and parking of all motor vehicles. 1. All vehicles shall be operated from only those areas specific- ally marked, and permitted for passenger unloading, staging, stacking (queueing) and loading as identified on the sketch map of the Fixed Base Operator /Terminal facilities attached hereto as Exhibit A. 2. Shaded areas on the map, including the terminal area, are owned and controlled by VBCJC, the Fixed Base Operator at the Airport. Commercial operations in those areas is limited to Passenger pickup and drop -off in the area immediately in front of the terminal doors, except by separate arrangement with VBCJC. -5- 3. Passenger drop -off Referring to Exhibit A, all departing pas- sengers in commercial vehicles must be delivered in front of the Terminal in the Areas marked Areas 1, 2 and 3 on the Exhibit A. The term "departing passenger" identifies a pas- senger who is involved in departing the Airport in a commercial airline aircraft. Parking (unattended vehicles) is not per- mitted in these areas. Attended vehicles (operative vehicles with a licensed driver inside) in Area 1 are limited to the time required to unload passengers and baggage. No stopping and waiting is allowed in Area 1. 4. Taxicabs, limousines, buses, vans, and courtesy vans operating on the Eagle County Regional Airport and which are waiting to pick up arriving passengers shall park in the area identified as Area 3 on Exhibit A except by separate agreement with VBCJC. 5. Drivers waiting for passengers who have made pre- arranged reservations for services shall arrange to meet said passengers in the baggage claim area. Drivers with pre- arranged reserva- tions shall leave their vehicle parked in Area 3 until such time as all passengers and luggage are ready for loading and may then pull their vehicles to the loading area in front of the terminal. 6. Drivers who are available for hire, without pre- arranged reser- vations, shall remain with their vehicle in the area so desig- nated Area 3 until such time as they receive and accept a specific request for service. When passengers and luggage are ready for loading, drivers may pull their vehicles to the loading area in front of the terminal. Solicitation for services within the passenger terminal, baggage claim area, and passenger unloading areas is prohibited, except under arrange- ment with the VBCJC. 7. All ground transportation vehicles must be at all times clean (internal and external), sanitary and free from trash and debris. 8. Taxicabs and limousines shall arrange themselves, in respective groups, in order of arrival at the Airport. The first in line is entitled to the first fare seeking that type of transporta- tion. If for any reason a vehicle leaves its place in line, it loses such place and must return to the end of the line. 9. All drivers shall comply with all traffic control and parking signage. Unless otherwise marked, the speed limit on the Airport is 20 m.p.h. -6- 411 • Section VI. Penalties 1. Owners and /or drivers violating any of the Airport Rules and Regulations or these Airport Ground Transportation Rules and Regulations will be subject to criminal or traffic prosecution or civil penalties as provided by other Colorado law, in addition to any penalties herein.. Penalties imposed under these Airport Regulations will be cumulative for repeat offen- ses and every driver offense will also be recorded as a parent company violation. Any driver or company has the right to request a hearing by the Airport Hearing Officer. 2. Permits may be suspended for multiple infractions or for viola- tions considered especially serious, including but not limited to as follows: a. Commission of a violent act against another person or active participation in a violent incident on the Airport. b. Conviction under the Colorado Criminal code of misdemeanor or felony status for conduct taking place on the Airport. c. Conviction or guilty plea on a charge of careless or reckless driving on the Airport. d. Driving a taxicab, limousine, bus or courtesy van while under the influence of alcohol or drugs, or driving the same while ability is impaired by alcohol or drugs on the Airport. e. Operation of vehicles without proper PUC and /or ICC markings, without current PUC and /or ICC inspections or in an unsafe condition on the Airport. f. Violating PUC or ICC regulations with respect to fare and meter displays. g. Failing to pay fees to County. h. Damaging property, equipment, improvements or facilities on the Airport owned by any person. i. Pickup of passengers at other than permitted loading zones on the Airport. j. Behavior indicating disregard of life, health or safety of persons on the Airport. -7- 1 i 3. A formal charge of violation of Airport Regulations or these regulations will be commenced by the issuance of a County Court summons for violations of traffic regulations or certain criminal violations, and /or a Notice of Violation, Order to Show cause and Notice of Hearing for non - compliance with violations of Airport Rules and Regulations. Charges of the state or federal criminal statutes may be commenced by arrest. 4. The Airport Hearing Officer shall be the Eagle County Manager, his designee or in the absence of such person, such other person as is appointed by the Board of Eagle County Commissioners. air /ground.reg #1 -A -7 -8-