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HomeMy WebLinkAboutR07-123 Airport Commercial Ground Transporation Rules and RegsCommissioner ='~'~ moved adoption of the following resolution: BOARD OF COUNTY COMIVIISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007-~~~ ~ RESOLUTION APPROVING AMENDMENTS TO AND RESTATEMENT OF THE EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS FOR COMMERCIAL GROUND TRANSPORTATION WHEREAS, C.R.S. §§30-11-107(1)(j) and 41-4-106 grant the power and jurisdiction to the Eagle County Board of Commissioners (hereinafter, "the Board") to regulate the receipt, deposit, and removal and the embarkation of passengers or property to or from the Eagle County Regional Airport; and to exact and require charges, fees, and tolls; and to lease or assign 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 means of transportation within or 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, 1992, by Resolution No. 82-87, "Rules and Regulations Governing the Operation of the Eagle County Airport" hereinafter "Rules and Regulations,"), and amended said Rules and Regulations on Apri124,1989 by Resolution No. 89-52; and WHEREAS, the Board further amended the Rules and Regulations by adopting specific Ground Transportation Rules and Regulations on January 15, 1992 by Resolution No. 92-08; on February 11, 1997 by Resolution No. 97-12; and on February 5, 2002 by Resolution No. 02-19; on January 24, 2006, by Resolution 06-05; and on October 31, 2006 by Resolution 06-106; WHEREAS, the Ground Transportation Rules and Regulations provide at Section 1.2 that "(t)hese Rules and Regulations may be changed at any time by action of the Board of County Commissioners...." WHEREAS, the Eagle County Regional Airport continues to attract a volume of traffic that requires supervision, regulations and control to insure the best interest of the County, its citizens, and the beneficiaries of the Airport facilities; 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 COMIVIISSIONERS 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 Ground Transportation Rules and Regulations attached hereto as Exhibit "A" and incorporated herein by this reference. THAT, the modifications and amendments set forth herein shall be effective as of December 4, 2007. All notices of violations, suspensions and revocations received prior to this date shall remain in full force and effect. 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 declazed to be invalid. For this purpose, this Resolution is declazed to be severable. THAT, the Boazd hereby fmds, determines and declares that this Resolution is necessary for the health, safety and welfaze of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Boazd of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 4~' day of December, 2007. COUNTY OF E ^LE, STATE OF COLORADO By and Throu rts oard of County ATTEST: dt ~e ~ ~~~ - Arn M. co i, Chairman s .. Clerk of the Bo d of Coun ~otoapoo Commissioners y: Saza J. Fisher, Co~nn}issi9=~ Peter F. Runyon, Commis Commissioner ~%yL2 ~ seconded adoption of the foregoing resolution. The roll having been called, the vo was as follows: Commissioner Arn M. Menconi ~ Commissioner Saza J. Fisher ~~'' Commissioner Peter F. Runyon hc'? This Resolution passed by ~~ vote of the Boazd of County Commissioners of the County of Eagle, State of Colorado. " INDEX EAGLE COUNTY REGIONAL AIRPORT GROUND TRANSPORTATION RULES AND REGULATIONS Section One/Authority ..................................................................... 1 Section Two/Definitions 1 .................................................................. Section Three/Compliance with Laws and Directives ................................ 6 Section Four/Operating Requirements ............................... 6 ................. Section Five/Procedures for Obtaining Operating Privileges ........................ 7 Section Six/AVI Transponder Requirements ....................................... 8 ................. Section Seven/Commercial Operator Vehicle Yearly Registration Requirement .. 9 Section Eight/Solicitation and Business Restrictions ................................. 9 Section Nine/Meeting and Greeting Passengers ........................ 10 ............... Section Ten/Commercial Operator Conduct Upon the Airport ..................... 12 Section Eleven/Motor Vehicle Operation Requirements .............................. 14 Section Twelve/Car Rental Operators ............................ 16 ....................... Section Thirteen/Fee Guidelines For Passenger Operators ........................... 17 Section Fourteen/Courier Operators Fee Guidelines ................................. 19 Section Fifteen/Regulations Applicable to Infrequent Users ........................ 19 Section Sixteen/Suspension and Revocation ........................... 20 ............... Section Seventeen/Miscellane ous ....................................................... 22 Exhibit A Overall Ground Transportation Plan Exhibit B Ground Transportation Meeting and Greeting Area Exhibit C On-Airport Car Rental Agreement Exhibit D Off-Airport Car Rental Agreement Exhibit E Car Rental Revenue Collection Form Exhibit F Fee Structure Exhibit G Notice of Violation EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS FOR COIVIlVIERCIAL GROUND TRANSPORTATION Section One AUTHORITY 1.0 The Board of County Commissioners has delegated authority to the Airport Manager or his designee 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, enforcing these Rules and Regulations for commercial ground transportation providers and the general Airport Rules and Regulations, and carrying out such other duties and responsibilities as may be determined. 1.1 The following rules and regulations govern the operation of all commercial ground transportation businesses upon Eagle County Airport. Commercial operators of all types are covered, including, but not limited to, the following: A. Rental Operators B. Passenger Operators including Bus, Commuter, Taxicab, Hotel and Motel, Luxury Limousine, and Parking Operators C. Courier Operators D. Commuter Operators 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 because of requirements imposed by the FAA or other state or federal authority at any time and without prior notice. Any changes or additional requirements mandated by the Federal Aviation Administration supersede these Rules and Regulations. Section Two DEFINITIONS 2.0 The following defmitions apply to the terms used in these rules: A. Ai'rnort The. Eagle County Regional Airport, including both the Terminal, Fixed Base Operation area, hangars, south ramp (transient general aviation area) and north ramp (military and based aircraft area) as well as all other surface areas of the Airport including roadways and parking facilities. B. Automated Vehicle Identification ("AVI") Tas or Transponder 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 of trips made by each motor vehicle through the roadways of the Terminal in addition to other movement within the Airport's control system. C. Commercial Operator Any person or entity, including its drivers, employees, representatives, agents or any other acting in concern with them, using Airport roadways or operating motor vehicles upon the Airport in furtherance of or in connection with any activity carried on for a profit, 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 ownership and/or common control, or those acting on behalf of or in concert with another company, will be treated as one and the same Commercial Operator. This defmition shall not include airline companies, air freight and cargo companies utilizing the air 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 providers of the Airport or its tenants. Mail delivery systems such as Federal Express and United Parcel 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 defmitions may not be all inclusive of all the types of Commercial Operators working at the Eagle County Regional Airport: 1. Bus Operators Commercial Operators engaged in the business of providing passenger transportation in vehicles having a capacity of twenty-six or more persons or as otherwise defined by the Colorado Public Utilities Commission, excluding Car Rental Operators. 2. Car Rental Operators Commercial Operators engaged in the business of renting or leasing motor vehicles to the public. 3. Commuter Operators 2 Commercial Operators engaged in the business of ferrying scheduled or unscheduled passengers to and from the Eagle County 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 Operators Commercial Operators engaged in the business of providing temporary or short- term lodging and associated services to the public and transporting passengers to facilities used for temporary or short-term lodging. 6. Luxurv Limousine Operators Commercial Operators engaged in the business of providing charter transportation to the public in vehicles with a manufacturer's rated maximum capacity of six to twelve persons, 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 Stasins Lot An area to be determined by the Airport Manager or his designee, which is used to dispatch taxi operations and/or commercial motor vehicle operations. The Commercial Vehicle Staging Lot also may be referred to as the Ground Transportation Holding Lot. F. Company Representatives 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, 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 authorized by agreement, for the conducting of certain business activities upon Airport premises. H. Cruisins 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 Loading Loading passengers, property, baggage or parcels at the doors of the 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 Terminal. L. ECAT Eagle County Air Terminal Corporation M. Ground Transportation Employees Employees or agents of the County or ECAT, identifiable by employee identification badge, assigned or authorized, in whole or in part, to enforce these ground transportation rules and regulations. N. Ground Transportation Year The Ground Transportation Year shall run from November 1 through October 31. O. Infrequent User A Commercial Operator that does not transport passengers or commodities to and from the airport more than two (2) days during the Ground Transportation Year. P. Federal Highway 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. Q. Loading and Unloading Areas Those areas authorized for passenger and parcel loading and unloading as shown on 4 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. Passenser Operators The term Passenger Operators shall include Bus Operators, Commuter Operators, Hotel and Motel Operators and Luxury Limousine Operators. T. Pre-Scheduled or Pre-ticketed Passenger 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 Interstate Commerce Commission, and sold on a per seat basis. 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. Susaension The temporary discontinuance of a Commercial Operator's privilege to operate motor vehicles on the Airport and/or to conduct business activities in the Airport Terminal. Z. Tria 5 The operation of a motor vehicle 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. WJC Vail Valley Jet Center, LLC. BB. Walk-ua Passenger A passenger for whom reservations have not been made for ground transportation services prior to the passenger's arrival at the Airport, also sometimes referred to as an "unaffiliated passenger." Section Three COMPLIANCE WITH LAWS AND DIRECTIVES 3.0 Commercial Operators conducting business activities upon Airport premises shall comply with all laws of the United States and the State of Colorado, all rules and regulations 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) while upon Airport property. 3.1 No Commercial Operator upon Airport property shall fail to obey any lawful directive of any 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 by way 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 REQUIREMENTS 4.0 Each Commercial Operator seeking to conduct business activities and to operate motor vehicles upon Airport premises shall register with the Airport manager each Ground Transportation Year and shall posses 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, except as hereinafter provided for infrequent Users of Airport facilities. 4.1 Commercial Operators with Concession Agreements shall be authorized to conduct business upon the Airport in the same manner as other ground transportation providers except that they shall be authorized additionally to operate their businesses within counter spaces in the Terminal set apart for the exclusive use of such Commercial Operators. 6 Section Five ' PROCEDURES FOR OBTAINING OPERATING PRIVILEGES 5.0 The Manager shall register the vehicles of and if needed, issue a AVI Transponder to, any Commercial Operator who agrees to continuously satisfy the terms and conditions of these Rules and Regulations and submits the following items: A. Insurance Commercial Operators shall submit certificates of insurance in a form acceptable to the Airport Manager and the Eagle County Attorney with coverages and in amounts required by the terms of these Rules and Regulations or by Concession Agreement. A.1 General Liability Insurance A Commercial Operator shall maintain a comprehensive general liability insurance policy which will cover against liability for injury to persons and/or property, and death of any person or persons occurring in or about the airport. The liability under such insurance shall not be less than $150,000 for any one person injured in any one accident and $600,000 for injury to two or more persons in a single occurrence. A.2 Motor Vehicle Insurance A Commercial Operator shall maintain a motor vehicle insurance policy, provided by an insurance company authorized to do business in the state of Colorado, in such minimum amounts as required by the Colorado Public Utilities Commission. B. Additional Insured Eagle County, ECAT and VVJC 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 privilege and that the County, ECAT, and VVJC shall be notified, in writing, by the insurers at least ten (10) days prior to any cancellation of the policy. C. Indemnification Commercial Operators shall indemnify, defend, and save the County, ECAT, and VVJC, and their respective agents, officers, and representatives 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 actions, whether civil, 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 Airport as a result of said loss. D. Workers' Compensation The Commercial Operator shall maintain the statutorily required workers' compensation insurance coverage on all employees. E. Operator Authority Commercial Operators who engage in ground transportation activities requiring authorization by or registration with the Colorado Public Utilities Commission or the Federal Highway Administration shall submit to the Airport Manager current copies of such authorization registrations and tariffs issued to the Commercial Operator by those agencies. F. Automated Vehicle Identification Tag (AVI Transponder) Except for Infrequent Users, each commercial vehicle operated on Airport property must be equipped with an AVI Transponder that is registered with the Eagle County Airport. Prior to entering Airport property, Commercial Operators shall submit fully executed AVI Tag Applications in a form established by the Airport Manager. AVI Transponders may be purchased, as described below, or compatible transponders from other airports may be registered. Care, maintenance, and upkeep of transponders are the responsibility of the purchaser. 5.1 Commercial Operators shall promptly provide to the Airport Manager updated copies of the foregoing items when changes occur in any of them or upon County's request. 5.2 The County reserves the right to refuse to grant access to any transportation provider who is unwilling to submit to the above requirements or who has deliberately and willfully violated these rules and regulations. 5.3 The Airport Manager or his designee shall have authority to receive from Commercial Operators documentation establishing the foregoing requirements. Section Six AUTOMATED VEHICLE IDENTIFICATION TAG REQUIREMENTS 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 on more than two (2) occasions during the Ground Transportation Year shall secure an AVI Transponder for each of their vehicles. 6.1 AVI Transponders may be purchased from the Eagle County Airport for a one time $50.00 fee. AVI Transponders purchased from other airports may also be used, but must be registered with the Eagle County Airport as described in Section Seven. 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 Permit/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 Airport manager, for good cause shown. 6.3 Unless authorized by the Airport manager as described in Section 6.2, AVI Transponders shall not be transferred between or among vehicles within the fleet of a Commercial Operator and the use by a Commercial Operator of a AVI Transponder issued to a different Commercial Operator is strictly prohibited. 6.4 AVI Transponders will be deactivated in the event of misuse and access to the Airport will be denied. Section Seven COMMERCIAL OPERATOR VEHICLE YEARLY REGISTRATION REQUIREMENT 7.0 Each Commercial Operator vehicle that accesses the Airport must be registered with the Airport manager at least thirty days prior to the beginning of each Ground Transportation Year, or by another date as set by the Airport Manager. The registration fee shall be established each year, in an amount to be determined by the Airport Manager, prior to the start of that Ground Transportation Year. Section Eight SOLICITATION AND BUSINESS RESTRICTIONS 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 operated 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, County employees whether or not for compensation whereby such persons undertake or agree to engage in Solicitation for a Commercial Operator. Section Nine MEETING AND GREETING PASSENGERS 9.0 Commercial Operators are authorized to meet passengers in the Airport Terminal in areas described in Concession Agreements as available for the exclusive use of Commercial Operators 9 who have such agreements, or i~1 arias authorized by the Airport Manager or his clesigne~. 9.1 All Commercial Operators within the Airport perimeter shall have a passenger manifest available for immediate review by Ground Transportation Employees upon request. This manifest shall be on company letterhead and contain the date, name of arrival, number of riders, and airline with flight number. This manifest shall be on the person of Commercial Operator's employees meeting or greeting passengers or behind the counter of companies having concession agreements. 9.2 No Company Representative of any ground transportation company may porter passenger baggage unless the passenger has, without solicitation from the Company Representative, requested such assistance; or unless the Company Representative is claiming and delivering delayed baggage under contract. A. D-~ Off: If a passenger requests baggage assistance from the Company Representative at the time of drop-off and unloading, the Company Representative may assist the passenger with his or her baggage. The Company Representative must use the designated unloading area, as shown in Exhibit A, and must return to his or her vehicle immediately upon delivering the passenger's bags at the Terminal. B. Pick iJ~ If the passenger requests baggage assistance from the Company Representative at the time of pick-up, the Company Representative may assist the passenger with the baggage. The Company may not proceed beyond the designated meeting area, but may take the passenger's luggage from the designated meeting area to the vehicle, and return for additional baggage. 9.3 Self-service luggage carts, if located throughout the Airport for use by the traveling public shall not be gathered or retained by Commercial Operators for resale or for use in the operation of their businesses or for any other purpose. Commercial Operators shall not contract verbally or in writing with any other parties for the purpose of utilizing self-service luggage carts in the operation of their businesses. 9.4 Commercial Operators without Concession Agreements A. Only one (1) driver or other Company Representative per Commercial Operator may be inside the Airport Terminal at any given time. The designated driver or other Company Representative shall be inside the terminal no more than fifteen (15) minutes prior to the scheduled arrival of the flight of aPre-Arranged Passenger. The driver or other Company Representative must leave the terminal immediately upon meeting the pre-arranged passenger. If the flight is rescheduled, the designated driver or Company Representative must leave the terminal and return no more than fifteen (15) minutes prior 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. 10 B. Commercial Operators without Concession Agreements may meet Pre-Booked and Pre-Ticketed Passengers in the authorized passenger meeting azea for ground transportation providers, designated and approved by the Airport Manager, which is described as follows: The area that shall be designated and sepazated by a railing, stanchion, or other means, installed by Airport Staff, in the westernmost portion of the baggage claim area, west of the baggage claim cazousels and north of the westernmost airport terminal doors. See Exhibit "B" for a diagram of meeting azea. C. Commercial Operators who meet and greet Pre-Booked and Pre-Ticketed Passengers upon Airport property other than in areas authorized by Concession Agreement or this document, must receive prior written permission from the Airport Manager or his designee. D. Ground Transportation Employees will assist Commercial Operators in the meeting of Pre-Booked and Pre-Ticketed Passengers by referring such passengers to the authorized passenger meeting azea. E. It is prohibited for any person to give false or misleading information for the purpose of obtaining authorization to meet Pre-Booked and Pre-Ticketed Passengers. F. Except as permitted in this Section 9.4, Commercial Operators without Concession Agreements are not permitted to enter the Terminal building or any other azea outside the designated authorized passenger meeting azea without the express permission of the Airport Manager, except Commercial Operators wishing to enter the Terminal building for the purpose of using the restroom shall enter only through the main terminal entrance, and shall immediately exit the terminal building after using the restroom, shall not beaz any clothing, clipboazds, signage or other articles identifying them as affiliated with or employed by a Commercial Operator and shall not solicit business in any fashion. 9.5 Meetine and Greeting Walk-Uo Passengers A. Commercial Operators or other Company Representatives may meet Walk-Up, or non-prearranged passengers inside the Airport Terminal only if the Commercial Operator has obtained a Concession Agreement with the Eagle County Airport and has obtained authorization and an operating certificate from the Colorado Public Utilities Commission. Commercial Operators that have not obtained a Concession Agreement with the Eagle County Airport aze prohibited from meeting Walk-Up passengers inside the Airport Terminal. B. Commercial Operators engaged in a contractual Concession Agreement with SCAT aze authorized to meet passengers in the Terminal in the azeas described in the Concession Agreement, or in azeas authorized by the Airport Manager or his designee. C. Commercial Operators and their representatives shall not loiter on sidewalks, at Terminal doors, or any area not authorized by the Airport Manager 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 types of services. Section Ten CONIlVIERCIAL OPERATOR CONDUCT UPON THE AIRPORT 10.0 Commercial Operators doing business upon Airport premises as authorized herein shall abide by the following rules of conduct while upon the Airport: A. Commercial Oaerator Demeanor Commercial Operators shall be courteous to the public and to other Commercial Operators and their employees. The Commercial Operator's employees shall be clean, efficient and neat in appearance. Commercial Operators shall not allow employees on the Airport to use improper language or to act in a loud or boisterous or otherwise improper manner. Commercial Operators shall not engage in open, notorious and public disputes, disagreements or conflicts tending to deteriorate the quality of the ground transportation services of Commercial 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 are expressly prohibited. B. Deceution of the Public It shall be a violation of these Rules for a Commercial Operator to deceive or attempt to deceive the .public through false representations concerning its prices or services or those of any other ground transportation provider. C. Obedience to Signs Commercial Operators shall obey all posted signs located upon Airport property. D. Name Identification Tags At all times while on Airport Property, Company Representatives, shall wear identification nameplates or badges not in excess of four inches in length or width identifying the name of the Company Representative and the Commercial Operator with whom he or she is associated. E. Food and Drink 1. No Commercial Operator shall provide food or drinks to its customers at any location upon Airport Property other than in motor vehicles operated by Commercial Operators. 12 2. All personal food and beverage or other items brought into the Airport Terminal by a Commercial Operator Representative must remain in the possession of the person at all times while in the Terminal. Any unattended items will be disposed of by Airport personnel. F. Luggage Carts for Passengers No Commercial Operator shall issue luggage carts to its passengers upon Airport property for the purpose of allowing its passengers to retrieve their luggage or other parcels. It shall be further prohibited for a Commercial Operator to rent or use self-service luggage carts provided by the Airport or its contractors for the conduct of its business activities. G. Commercial Operators shall remain outside of the baggage carousel areas at all times. H. UmUm=rms In order to maintain a professional, business-like and orderly environment at the Airport, uniforms worn by Company Representatives upon Airport property shall comply with the following requirements: 1 • Uniforms may display the company name only upon the front and back of shirts and jackets. No written information shall be displayed on pants. 2• Lettering on the front of the shirt or jacket shall not be more than one inch in height. 3• Lettering on the back of the shirt or jacket shall be no more than two inches in height. iv. Caps shall not display lettering in excess of two inches in height. I. Gra=ties Commercial Operators and their representatives while upon Airport property shall not solicit gratuities or tips, directly or indirectly, from their customers. Section Eleven MOTOR VEHICLE OPERATION REQUIREMENTS 11.0 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 13 1. 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. Notwithstanding the foregoing, a Commercial Operator may leave an unattended vehicle in authorized azeas of Airport property if meeting and greeting a prescheduled passenger in accordance with Section 9.3. 2. Vehicles left without a driver, in contravention of these rules and regulations, in unauthorized areas of the Airport, or in a manner that causes an obstruction of traffic shall be immediately towed from the Airport at Commercial Operator's expense. 3. Ground Transportation Employees shall have authority, in their sole discretion, to require Commercial Operators to move their vehicles in order to maintain efficient traffic movement or to maintain Federal Aviation Administration security requirements and guidelines. B. Traffic Routes and Passenger and Parcel Loading and Discharging 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 mazked Exhibit A, which drawing is incorporated herein and made a part hereof by reference. C. Passenger and Parcel Droo-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 azea, as shown in Exhibit A, unless directed by Airport personnel to another specific azea. Commercial Operators may not stop and wait in the designated drop off azea. Attended vehicles may be in these designated drop-off azeas only for the time required to unload passengers and baggage. Unattended vehicles aze not allowed in the designated drop-off azea. 2. Courier Operators shall drop off pazcels at the Terminal only in the drop-off azeas shown on Exhibit A. D. Passenger and Parcel Loading in Designated Areas outside the Terminal Commercial Operators' vehicles waiting to pick-up arriving passengers shall pazk 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 Terminal 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 14 carrying celebrities, VIPs or other persons whose presence may disrupt the normal course of Airport activities, or carrying persons with disabilities, older persons or unaccompanied children may load such passengers at specifically authorized locations with prior approval of the Airport Manager or Designee. E. Use of Commercial Vehicle Sta 'ne Lot All Commercial Operators who have operating privileges or a Concession Agreement may make use of the Commercial Vehicle Staging Lot, and may park their vehicles within the temporary parking areas of the Commercial Vehicle Staging Lot as made available by Airport personnel and as shown in Exhibit A. Drivers must remain with all parked vehicles, unless a particular driver is the one (1) designated Company Representative allowed inside the terminal for purposes of meeting aPre-Scheduled guest pursuant to Section 9.4(A) of these Ground Transportation Rules. F. Cruising Prohibited It shall be prohibited for Commercial Operators to engage in Cruising upon Airport property. G. Airuort Parkinn Lots Commercial Operators shall not conduct any business upon or leave commercial vehicles in public parking lot facilities, including employee parking lots, upon Airport property. Any commercial vehicle parked in public parking facilities will be towed at the expense of the Commercial Operator. This includes commercial vehicles used as personal vehicles of employees. Exceptions to this rule may be granted at the discretion of the Airport Manager or his designee if requested in advance. It 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 advance from the Airport Manager's Office, and to furnish the license number of the vehicle which is to be parked in an Airport parking facility to the Airport Manager or his designee if the request is granted. H. No Personal Business in Loadin 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 Parkinn Prohibited Double Parking of motor vehicles by Commercial Operators upon Airport roadways is prohibited. Motor Vehicle Markin Motor vehicles operated upon Airport property by Commercial Operators, including IS courier services, whether or not for hire, shall have clearly displayed and'pertnanently affixed on both sides of the vehicle the name of the Operating Company and all applicable Colorado Public Utilities Commission and Federal Highway Administration authority numbers, except that luxury limousines and rental cars aze exempt from this requirement. K. Vehicle Safety Commercial Operators shall maintain 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 Idle Time Commercial Operators are encouraged to turn off their vehicles during dwell time at the Airport. 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 AGREEMENTS 12.0 Fees for Concessionaire Car Rental O erators Caz Rental Operators that have Concession Agreements with either ECAT or the VVJC granting the exclusive use of counter space in the Terminal or FBO Building(s) shall pay to the ECAT, the VVJC, or other organization concession fees in the amount agreed upon in said Concession Agreement. 12.1 Fees for Car Rental O erators with Performance and Use A reements Car Rental Operators that have Performance and Use Agreements with Eagle County granting the privilege of operating motor vehicles and conducting business activities upon the Airport shall pay to the County privilege fees in the amount outlined in such Performance and Use Agreements. 12.2 A copy of the On-Airport Car Rental Agency Agreement and the Off-Airport Caz Rental Agency Agreement is attached as Exhibit C and Exhibit D. On-Airport Car Rental Agencies aze those which have a concession agreement in the Terminal. Both On and Off-Airport Caz Rental Agencies aze required to report monthly all required Gross Revenues from business derived from the Eagle County Regional Airport using the report form attached as Exhibit E. The Gross Monthly Revenue Reporting Form and payment aze due in the Airport Administration Office by the 20th of the following month. Accurate and timely reporting of revenues and payment of Gross Revenue assessment is required for continued access to the Airport. 16 12.3 On and Off-Airport Caz Rental Agencies are not allowed to pazk or stage rental caz vehicles on the Airport without prior authorization or by sepazate agreement. Business transactions must be performed at each respective rental Office and customers may be removed for business transactions only in a company courtesy vehicle cleazly marked with the name of the Car Rental Agency. Rental Cars may not be used for transport of the customers from the Airport. Any rental cars found pazked on the Airport will be presumed to be pazked for business purposes and removed at the Owner's or Commercial Operator's expense. 12.4 The Airport Manager in his discretion may require such Car Rental Operators to pay a minimum monthly sum for the privilege of operating motor vehicles and conducting business activities upon the Airport. Section Thirteen FEES GUIDELINES FOR PASSENGER OPERATORS 13.0 All Ground Transportation vehicles providing service at the Eagle County Regional Airport (except Rental Caz Agency rental vehicles) are required to obtain and display an AVI Transponder unless they aze an Infrequent User as defined herein. Except for the Infrequent User, 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 F, and required to leave Airport premises immediately. Fees shall be paid as set forth herein and as indicated in Exhibit F. 13.1 Penalty Access Fees aze due immediately upon notification. Should Penalty Access Fees remain unpaid, Commercial Operators with delinquent fees attempting to access the Airport will be immediately expelled without having access to passengers or terminal, and will not be allowed to conduct any Ground Transportation business. Expulsion will be by Airport personnel or the on-duty law enforcement officers. 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 Yeaz shall run from November 1 to October 31 of each calendar yeaz. B. AVI transponders must be affixed on the windshield of the permitted vehicle so they aze plainly readable by AVI System at all times. AVI transponders will be affixed to vehicle windshields by .Airport personnel. Use of fixatives other than permanent adhesive is prohibited and shall result in the loss of tampered or improperly affixed permit or transponder. The Airport Manager or his designee is hereby authorized to check the fixative or use of any permit which may appeaz suspect. Daily Permits must be appropriately marked with the date and the vehicle license number, and placed on the dashboard on the driver's side so they are cleazly visible from the outside. Undisplayed Permits/AVI transponders without the date and license number, and Permits displayed in any other location or with any other fixative will be deemed invalid and the vehicle will be deemed to be un-permitted and chazged a Penalty Access 17 Eee and other penalties as outlined in this document. C. Permits and AVI transponders 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 Airport Manager or his designee, in their sole discretion. D. If a Permit is damaged or destroyed, a new Permit will be issued only when the remains of the purchased Permit are turned into Airport Administration. Should AVI transponders become inoperable for any reason, it is the responsibility of the commercial operator to purchase a new 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 appointment in the Airport Administrative Offices on Monday through Friday, 8:00 a.m.-5:00 p.m. G. All Commercial Operators shall pay fees as set forth in Exhibit F which is attached hereto and incorporated herein by reference. All fees shall be paid within ten (10) days of any invoice date. Any payment made later than ten days after an invoice date shall be assessed interest until paid. The interest shall accrue at a rate of two (2) percent per month. H. In any action or proceeding to collect fees, penalties and interest due under these rules and regulations, Eagle County or ECAT shall be entitled to recover from the other party all costs, expenses and attorneys 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 a Commercial Operator fail to timely pay all fees 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 Commercial Operator shall first be applied to any penalties, late fees and interest. Section Fourteen COURIER OPERATORS FEE GUIDELINES 14.0 All Courier Operators providing service at the Eagle County Regional Airport are required to obtain and display a current AVI transponder. Failure to do so will result in a Penalty Access Fee for each carrier vehicle used at the Eagle County Regional Airport as prescribed in Exhibit F. 18 14.1 Courier Operators shall pay to Airport Trip Fees in the amounts as approved by the Eagle County Board of County Commissioners and set forth in Exhibit F. Section Fifteen REGULATI.ONS APPLICABLE TO INFREQUENT USERS 15.0 INFREQUENT USER TRAFFIC AND LOADING A. It shall be prohibited for Infrequent Users to conduct activities upon Airport property without first having applied for and having received authorization to do so from the Airport or Ground Transportation Employees. B. Motor vehicles of Infrequent Users who have received authorization to do business or conduct other activities upon the Airport from Ground Transportation Employees shall circulate through Airport roadways in the manner approved by Ground Transportation Employees and shall load and unload passengers and property only in areas approved by Ground Transportation Employees for such activities. Vehicle circulation and use of loading areas will be determined upon the basis of vehicle size, type of service and availability of space. 15.1 INFREQUENT USERS AND AUTOMATED VEHICLE IDENTIFICATION TAGS Infrequent Users shall not be subject to the requirement that Commercial Operators shall secure an AVI Tag prior to operating motor vehicles upon Airport premises. 15.2 INFREQUENT USERS AND FEES Infrequent users shall be exempt from payment of Penalty Access Fees. If an Infrequent User accesses the Airport more than two times during a Ground Transportation Year, such Infrequent Users status is forfeited and the Operator shall immediately obtain an AVI Transponder, register with the Eagle County Airport or will be subject to all fees, penalties and other assessments outlined in these Ground Transportation Rules. Section Sixteen SUSPENSION AND REVOCATION 16.0 All Commercial Operators must comply with the lawful directives of airport staff and with these rules and regulations. The Airport Manager shall have the power to suspend the operating privilege of any Commercial Operator for non-compliance with any lawful directive of 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 Airport Manager determines creates a danger to the airport personnel or the traveling public. The Airport Manager 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 or where the Commercial Operator or its representative is deemed a danger to the health, safety, and welfare of any Airport user, the 19 public or Airport employee. - 16.1 Notices of Violation - Susaension A. Any failure to comply with the lawful directive of airport staff or any violation of these ground transportation regulations 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 form is attached as Exhibit G. A Notice of Violation will be issued by the Airport Manager or his designee. A copy of the Notice of Violation may be delivered by hand delivery, via facsimile (fax), 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 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; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. B. A Commercial Operator issued one (1) Notice of Violation during a Ground Transportation Yeaz will not be immediately suspended, unless the Airport Manager, 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 eazlier reduced or removed. The Airport Manager, 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 Yeaz must meet with the Airport Manager 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 Airport Manager or his representative that such operator or person has remedied or is making a good faith attempt to remedy its failure to satisfy the requirements of these ground transportation regulations granted to such Commercial Operator. If the Commercial Operator or Company Representative whose operating privileges aze or may become suspended demonstrates that it is making a good faith effort to remedy its failure to satisfy the requirements, the Airport Manager or his representative may, in his or her discretion, remove or reduce the suspension. Any decision of the Airport Manger concerning suspension of Airport privileges pursuant to this Section of these Rules shall be considered fmal 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 (1) calendaz year as described in this Section 16.2. E. Notwithstanding any other provision herein, the Airport Manager may summarily suspend, without prior notice, the operating privileges of a specific driver or Commercial 20 - ,Operator on the Airport and/or Airport Terminal if the Airport Manager has reasonable grounds to believe and finds that the public health, safety or welfare requires such emergency suspension. 16.2 Revocation A. The operating privileges of a Commercial Operator receiving three (3) written Notice of Violations during a Ground Transportation Year shall be revoked for a period of one (1) calendar year. Commercial Operators whose operating privileges have been revoked shall be denied access to the Airport Terminal for one (1) calendar year. B. Where revocation of operating privileges results from a Commercial Operator incurring three (3) Notice of Violations within a Ground Transportation Year, or by failure to comply with terms of suspension, the Airport Manager 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 County Manager, 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 to the current term of revocation. E. Notwithstanding the notice provisions hereof, the Airport Manager 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. Once operating privileges have been revoked they shall remain revoked for one (1) calendar year unless such revocation is earlier lifted in accordance with the procedure set forth below. G. Any Commercial Operator or Company Representative whose operating privileges are or may become revoked for other than a deliberate or willful violation of such requirements may request a meeting with the Airport Manager so as to demonstrate to the Airport Manager 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 good faith attempt to remedy its failure to satisfy the requirements of these ground transportation regulations granted to such Commercial Operator. H. If the Commercial Operator or Company Representative whose operating privileges are or may become revoked demonstrates that it is making a good faith effort to remedy its failure to satisfy the requirements, the Airport Manager or his representative may, in his or her discretion, reverse the revocation if such revocation has been imposed, or abandon the procedure if such revocation has not yet been imposed. 21 I. Hearing Procedure: Any Commercial Operator whose operating privileges inside the terminal have been revoked shall have the right to a hearing provided by the 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 governmental 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 pending any hearing or appeal. Section Seventeen MISCELLANEOUS 17.0 ff 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. Dated: December 4, 2007 Attest: Teak J. Simonton, Clerk of the Board of County Commissioners EAGLE COUNTY, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS By: Arn M. Menconi, Chairman 22 EXHIBIT A OVERALL GROUND TRANSPORTATION PLAN ~ ~~~~ ~ -- o goo ao~~ J D I O V ~ Q , ~ W am~ ~ a ~~ ~ ~ ~ O O U ~ a ~ I F ~ 9 , z O ~ 0 O Q ~_ Q ~ Q ~ ~ a z ~ ~ ~ ~ ~ o ~o~ ~ ?~ 6 z ~ ~ O z o ~ ~ ~ ~ J Q ~ ~ o~a w w O ~~~ 0 a W y f v o0 0 ~_ ~ ~ ~ ~ y ~ ~ ~ ". & ~ a 4 ~ v ~ g ~ ~" Y p a ~ O U ~ o ~ ~ ~ O ~ ~ • ~ o o ~ i ~ llW^^ ••W~~ J ~ ~ O. ~ LL ~ I Q. V V v F o U_ Y ~oo ~ p W W ~ ~ °- a W~ N ~ o ~~~ 0 ~ o ~~ ~ ~~y~ w ¢ a ~ ~ _ ®~' ~' ~°~~ w EXHIBIT B GROUND TRANSPORTATION DESIGNATED PASSENGER MEETING AREA o _~ 1~7__ e 7 .4~a~ M ~1 ~~ ~ •~ Aj /"'1 W~ N /~~ p'„y s .~ [ . L IJ I~ ~ ~ I~ II ^ 1 I I I _ I~ ~. 1 I ~~ ! I~ ~^ _. r ® ~ a ~ o q 1 l 9 a o ~'~ r ~t ~ a p o 1 1 1 ® .i A a ej I 1 ® 1 of i _ i d 1 I m i I I _ 1 9 i 1 I ~ I i I s a e 1 t _ J i EXHIBIT C ON AIRPORT CAR RENTAL AGREEMENT ` ~ Performance and Use Agreement FOR ON-AIRPORT CAR RENTAL AGENCY BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND RENTAL, INC. This Performance and Use Agreement ("Agreement") entered into this day of ,200 _, by and between the County of Eagle, State of Colorado, a body politic and corporate, acting by and through its Airport Manager ("County"), and Rental, Inc. ("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 airport caz rental agency for travelers utilizing the Airport; and WI~REAS, Commercial Operator has entered into an agreement granting it certain space and facilities within the Car Maintenance Facility for soliciting and for serving customers with the operator thereof for the purposes of operating its caz rental agency business; and WHEREAS, car rental services aze essential to the proper accommodation of general and commercial aviation at the Airport. NOW, THEREFORE, inconsideration 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 anon-exclusive, revocable license to operate its motor vehicles upon the property of the Airport in the conduct of its on-airport car rental agency business and to pick up and dischazge its customers at the terminal building(s) and/or the Caz Maintenance Facility 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. As a condition precedent to this Agreement, Commercial Operator shall enter into an agreement with the operator(s) of either of the Airport terminal(s) or Car Maintenance Facility for the use thereof for customer service facilities, and, at Commercial Operator's option, also for vehicle cleaning and maintenance, fueling, and related services as are reasonably necessary for the exercise of its privileges under this Agreement. 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 except within the Airport terminal or Car Maintenance Facility with which it contracts for customer service facilities as provided by and subject to the restrictions in such agreement. 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. ARTICLE TWO TERM The term of this Agreement shall be effective as of , _, 2()Ol and continuing tlu'ough (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-to- 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 reserves the right to amend the Airport Rules and Regulations in its sole discretion, and all such amendments shall be effective with respect to Commercial Operator upon their adoption whether or not Commercial Operator has received actual notice. 2 ARTICLE"FOUR REVENUE AND CHARGES A. Commercial Operator Revenues: Commercial Operator shall be permit- ted 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 six percent of Adjusted Gross Receipts in accordance with the Rules and Regulations for Ground Transportation. The fee shall be paid to County by the 15th day of the month for the preceding calendar month. If 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. C. 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. D. Delinquency Charge: A delinquency charge of two (2) percent 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. E. Place of Payment: All payments due the County from Commercial Operator shall be delivered to the Airport Manager's Office or to such other place in Eagle County designated in writing by the County. F. Annual Statement. Within sixty (60) days after the end of each calendar year, Commercial Operator shall furnish to County an annual statement of its Adjusted Gross Receipts 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 reason- able time during business hours, verifying the Adjusted Gross Receipts. If the audit establishes that Commercial Operator has understated or overstated the Adjusted Gross Receipts by $SQ0.00 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 1-1/2 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. G. Disputes. In the event that any dispute may arise as to the Adjusted Gross Receipts 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. 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 aze 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 azeas, (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 hereinafter authorized to be performed by aircraft operators upon the aforesaid nuiways, taxiways, and public passenger ramp and apron azeas. The County reserves the right to further develop or improve the Airport as it sees fit, regazdless of the desires or views of Commercial Operator, and without interference or hindrance, except that the County may not azbitrazily 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 dimuushing of Commercial Operator's rights or ability to perform; and provided, further, that the construction of a new or second terminal by County 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 regazd. The County reserves the right to take any action it considers necessazy to protect the aerial approaches of the Airport against obstruction. During the time of waz or national 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 insofaz as they aze 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. 4 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. It 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 an 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 snail remove, at its expense, all lettering, signs, and placards erected on the Airport at the expiration of the term of this Agreement. ARTICLE 6 INSURANE 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, Automo- bile Liability Insurance, Comprehensive Form, which shall insure all Commercial Operator's owned or hired limousines and/or other vehicles used by Commercial Operator at Airport pursuant to this Agreement, in the minimum amount of One Million Dollars ($1,00,000.00), 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. ff 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 he 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- LIABILITYEXCEPTIONS 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 ail 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 there-of, 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 Agree-ment. 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: Ovid Seifers Airport Manager Eagle County Regional Airport P.O. Box 850 Eagle, Colorado 81631 Telephone: 970-524-8246 Fax: 970-524-8247 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. The 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 terns, 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. C. 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 parry 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. The 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 betaken 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. 9 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 pemuts 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 maybe allowed to make reasonable and non-discriminatory discounts, 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 national 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. Commercial Operator shall not discriminate against any person or class of persons by reason of race, color, sex, creed, religion, handicap or national origin in providing any services or in the use of any facilities provided for the public in any manner prohibited by Title 49 Code of Federal Regulations, Part 21, and shall comply with the letter and spirit of the Colorado Anti-Discrimination Act of 1957, as amended, and any other laws and regulations respecting discrimination in unfair employment practices, and shall comply with such enforcement procedures as any governmental authority might demand that the County take for the purpose of complying with any such laws and regulations. C. Commercial Operator assures that it will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the ground of race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. Commercial Operator assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. The County assures that it will require that its covered ]0 organizations provide assurance to the Commercial Operator that they similarly will undertake affirmative action programs and that they will require assurances from their suborganization, as required by 14 CFR Part 152, Subpart E, to the same effect. D Commercial Operator agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR, Part 152, Subpart E, as part of the affirmative action program or by any Federal, state or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. E. Commercial Operator agrees that a state or local affirmative action plan will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. F. 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. G 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. It 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. H. 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. I. 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. J. It 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. I1 ARTICLE FOURTEEN RIGHT OF INGRESS AND EGRESS Commercial Operator shall have at all times the full and free right of ingress and egress from the Airport. Such right shall also extend to its employees, customers, passengers, guests, suppliers. 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 beneficiaries 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. 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 ail 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. 12 [signature page next page] - IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date first above written. COUNTY OF EAGLE, STATE OF COLORADO, By: Ovid Seifers Airport Manager By: 13 EXHIBIT D OFF AIRPORT CAR RENTAL AGREEMENT Performance and Use Agreement FOR OFF-AIRPORT CAR RENTAL AGENCY BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND CAR RENTAL This Performance and Use Agreement ("Agreement") entered into this day of 200_, by and between the County of Eagle, State of Colorado, a body politic and corporate, acting by and through its Airport Manager ("County"), and ("Commercial Operator"). V'VITNESSETH: 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 WHIItEAS, 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 anoff-airport 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, inconsideration 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 anon-exclusive, revocable license to operate its motor vehicles upon the property of the Airport in the conduct of its off-airport car rental agency business and to pick up and dischazge 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 operators) 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. ARTICLE TWO TERM The term of this Agreement shall be effective as of December 1, 2000 and continuing through the 30th day of November, 2001 (the "Temvnation 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- to-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 reserves 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. 2 B. County Charges: Commercial Operator shall pay to the County a sum equal to fourteen (14) percent of Adjusted Gross Receipts in accordance with the Rules and Regulations for Ground Transportation. The fee shall be paid to County by the 15th day of the month for the preceding calendar month. C. Monthly Reports: Commercial Operator shall submit monthly reports of its Adjusted Gross Receipts for the preceding month, including numbers of its customers from the Airport, by the 15th day of each month. If Commercial Operator has con ducted 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 (2) percent 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 Airport Manager'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 Adjusted Gross Receipts 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 reason able time during business hours, verifying the Adjusted Gross Receipts. If the audit establishes that Commercial Operator has understated or overstated the Adjusted Gross Receipts by $500.00 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 1-1/2 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. Disputes. In the event that any dispute may arise as to the Adjusted Gross Receipts 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. 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 perforn~. 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. It is understood and agreed that nothing 4 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 an 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 Tenminal, 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 maybe 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 6 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 hired limousines 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 taw. The limit of such insurance coverage shall be for statutory Worker's Compensation benefits, and shall not be less than One Hundred Thousand Dollars ($1,000.00) 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. If 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 5 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 INDEMNI)HZCATIONS 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. Th„e 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: The Boazd of County Commissioners County of Eagle, State of Colorado P.O. Box 850 Eagle, Colorado 81631 Attn: Airport Manager Telephone: 970-524-8246 Fax: 970-524-8247 Either party may change its address by written notice to the other party. Notices aze 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. The default by County in the performance of any of the temis, 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. 7 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. C. 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 beheld 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. The 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 THIItTEEN 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 fiunish service on a fair, reasonable and nondiscriminatory basis to all users of the Airport. Commercial Operator shall fiunish 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. Commercial Operator shall not discriminate against any person or class of persons by reason of race, color, sex, creed, religion, handicap or origin in providing any services or in the use of any facilities provided for the public in any manner prohibited by Title 49 Code of Federal Regulations, Part 21, and shall comply with the letter and spirit of the Colorado Anti-Discrimination Act of 1957, as amended, and any other laws and regulations respecting discrimination in unfair employment practices, and shall comply with such enforcement procedures as any governmental authority might demand that the County take for the purpose of complying with any such laws and regulations. C. Commercial Operator assures that it will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the ground of race, creed, color, origin, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. Commercial Operator assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. The County assures that it will require that its covered organizations provide assurance to the Commercial Operator that they similarly will undertake affirmative action programs and that they will require assurances from their suborganization, as required by 14 CFR Part 152, Subpart E, to the same effect. D. Commercial Operator agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR, Part 152, Subpart E, as part of the affirmative action program or by any Federal, state or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. E Commercial Operator agrees that a state or local affirmative action plan will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. F. 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. G. 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. It 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. H. 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. 9 L Commercial ©perator 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. J. It 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. 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 beneficiaries or otherwise. 10 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. 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 Coluity 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. IN WITNESS VVI-iEREOF, the parties hereto have executed this Agreement on the year and date first above written. COUNTY OF EAGLE, STATE OF COLORADO By: Ovid Seifers Airport Manager By: STATE OF COLORADO ) ss County of Eagle ) The foregoing instrument was acknowledged before me this ._day of 2007 by My commission expires Notary Public EXHIBIT E CAR RENTAL REVENUE COLLECTION FORM RENTAL CAR AGENCY MONTHLY REPORT EAGLE COUNTY REGIONAL AIRPORT Month of , 200_ Name of Agency Report for [Month & Year] Gross Revenue at Airport: $ X Times Percentage Fee: % [Note: 14% for Off-Airport Agencies 6% for On-Airport Agencies] =Total Access Fee Due: $ '~ NOTE: "Gross Revenue" consists of all revenues as defined in the Commercial Ground Transportation Rules & Regulations. TOTAL DUE $ The prepazer certifies that all information provided in this report is true and connect and that detailed records which support these summary figures aze available to the Eagle County Regional Airport or its designee on request. Prepared by: Date: EXHIBIT F FEE STRUCTURE EXHIBIT F GROUND TRANSPORTATION- ACCESS FEES: 1. Two Gratis Trips per Year per Company: All persons, firms, or agencies providing ground transportation to and/or from the Eagle County Regional Airport shall be subject to payment of an access fee for each vehicle accessing the Eagle County Regional Airport. Companies may access two (2) times per ground transportation year (November 1 -October 31) without paying an access fee. 2. Penalty Access Fees: Any Commercial Operator providing transportation to and/or from the Eagle County Regional Airport more than two times per ground transportation year that fails to display an AVI transponder will be assessed a Penalty Access Fee. Payment of Penalty Access Fees may not be credited toward the purchase of an Annual Permit or AVI Transponder. Penalty Access Fees are as follows: Vehicle Cost per Permit: Large $225.00 Medium $175.00 Small $100.00 Courier $175.00 4. 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. AVI transponders from other AVI systems which are operational under the Eagle County Regional Airport's system may be used after commercial operators register off-airport AVI transponders with Airport Administration personnel. AVI Fees: A. Commercial vehicles will be charged $1.00 per available seat. Available seats of each vehicle will be determined by Airport personnel. This charge will deemed a "per trip" fee. Charges will be levied for any and all Airport access by vehicles. B. The "per trip" fee will be determined by the Eagle County Board of Commissioners and will be charged to all ground transportation/commercial operators regardless of whether or not they have a lease with the Eagle County Air Terminal Corporation (ECAT). However, those companies with signed concession leases with ECAT for ground transportation booth space at the commercial terminal building and paying a privilege fee will receive a credit from the County on their "per trip" fee invoice in an amount equal to the amount of the 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. C. In the event a taxicab exits the airport and returns to the airport in less than twenty (20) minutes such second trip only shall not be subject to a per trip fee. D. Dwell Time/Pick Up Lot (West Commercial Lot): The first two hours of parking will be free per vehicle in the Pick-Up Lot. Thereafter, a charge of $2.00 for the first fifteen minutes and a charge of $1.00 per ten minute increment may be levied. Dwell Time/Drop Off Lot (East Commercial Lot): There will not be a charge for the first fifteen minutes a vehicle is in the Drop Off Lot. 5. Hotel and Motel OperatoPS/Couriers 8~ Rental Car Operators: Vehicles operated on a no-fee basis to customers are required to purchase an AVI transponder. As long as the vehicle is operated as a courtesy and on a free of charge basis to its guests, no access fees or dwell time will be charged. EXHIBIT G NOTICE OF VIOLATION Date Time a.m/p.m. EAGLE COUNTY AIRPORT Group Transportation Adopted February 5, 2002 through Itesolutiun ti2002-19 Warning Violation NOTICE OF VIOLATION LOCATION: VIOLATIONS: [~ No AVI 0 Improper Parking__ 0 Solicitation ~] Unattended Vechicle [] Other Company name: AVI # Driver name: Vehicle description: License number: Comments: NUtES: Signatu Violation Number: N_° 1214