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Home My WebLink AboutR02-019 rules/regs for ground transportation at Airport951n,,l Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2002-0& ADOPTING RULES AND REGULATIONS FOR GROUND TRANSPORTATION AT THE EAGLE COUNTY REGIONAL AIRPORT WHEREAS, C.R.S. §§30-11-107 (1)0) 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, 1982, 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 April 24,1989, 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; and WHEREAS, the Board amended Section 3 of the Ground Transportation Rules and Regulations, on December 9, 1996; and WHEREAS, the Board amended and restated the Ground Transportation Rules and Regulations on February 11, 1997, by Resolution No. 97 -12; and WHEREAS, the Eagle County Regional Airport continues to attract a volume of traffic that requires supervision, regulation 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, finding as follows: 1. The costs borne by the County for construction and operation of the Eagle County 71353, Page: 1 of 1, 02106/2002 03:24; Sara J Fisher Eagle, CO 37C R 0.00 D 0.00 Regional Airport are significant. 2. The fees and revenues contemplated within the regulations are reasonable; they do not unduly burden business, and they do not constitute a special tax. 3. The assessment of revenue to be collected from Off - Airport Rental Car Agencies constitutes an access fee which is necessary in order to allow the Airport to be self - supporting. 4. Off- Airport Rental Car Agencies use the airport for economic benefit and are thereby obligated to pay their fair share towards the general operation of the Airport. 5. The County has an interest in protecting existing and future revenues from On -Site Rental Car Providers and to deter the relocation of on -site companies due to unfair competitive advantages. 6. On- Airport Rental Car Agencies which are tenants of the County or which are tenants of one of the terminals are providing economic support of the Airport through those contracts apart from access fees imposed by general rules and regulations. WHEREAS, a draft of the proposed amended Ground Transportation Rules and Regulations was distributed to ground transportation operators who have served the Eagle County Regional Airport and the comments of the operators have been incorporated into the Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the RULES AND REGULATIONS be and are hereby amended to include the amended and restated "Ground Transportation Rules and Regulations" attached hereto as Exhibit "A" and incorporated herein by this reference. THAT, the "Ground Transportation Rules and Regulations" as hereby amended shall be effective as of February 5, 2002. THAT, should any section, clause, provision, sentence or word ofthis Resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this 5,7,, day of ��, 2002. 785386 I Ipl " 02/06Y2002 03:24F Sara J Fisher Eagle; Co 370 R 0.00 D 0.00 c: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS County Commissioners Commissioner Tom C. S ne Commissioner Commissioner A� _ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Am M. Menconi Commissioner Tom C. Stone This Resolution passed by C - (� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. E ''Jjj �11 1I1 1 785336 Page: 3 of 75 02/06/2002 03.246 Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 C" C INDEX EAGLE COUNTY REGIONAL AIRPORT GROUND TRANSPORTATION RULES AND REGULATIONS Section One /Authority ...................................................... ............................... 1 Section Two / Definitions ..................................................... ............................... 2 Section Three /Compliance with Laws and Directives ........ ............................... 6 Section Four /Operating or Concession Agreement Requirement ..................... 6 Section Five /Obtaining Operating or Concession Agreements ......................... 7 Section Six/Permits or AVI Requirements .......................... ............................... 8 Section Seven /Solicitation and Business Restrictions ........ ............................... 9 Section Eight/Meeting and Greeting Passengers ............... ............................... 9 Section Nine /Curbside Coordinator Program ....................... .............................11 Section Ten /Commercial Operator Conduct ........................ .............................14 Section Eleven /Motor Vehicle Operation Requirements ...... .............................15 Section Twelve /Car Rental Operators .................................. .............................18 Section Thirteen /Permit Fees Guidelines ............................. .............................19 Section Fourteen /Courier Operators Fee Guidelines ......... ............................... 21 Section Fifteen /Regulations Applicable to Infrequent Users ............................. 21 Section Sixteen /Suspension and Revocation ....................... .............................22 Section Seventeen / Miscellaneous ........................................ .............................24 Exhibit A. Passenger Loading and Unloading Area Exhibit B AVI Transponder Locations 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 Exhibit H Parking Designation I� Rage: 4 of 75 02/0612002 03:24 Sara J Fisher Eagle, CO 3-10 R 0.00 D 0.00 EXHIBIT N d /t ---------- C C EAGLE COUNTY REGIONAL AIRPORT RULES AND REGULATIONS FOR COMMERCIAL GROUND TRANSPORTATION Section One AUTHORITY 1.0 The Board of County Commissioners has delegated authority to the 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. 1.0 The following rules and regulations govern the operation of all commercial ground transportation businesses upon Airport premises including its Terminal, roadways, parking facilities and all other surface areas of the 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 These regulations additionally apply to all commercial operators operating within the perimeters of the Eagle County Regional Airport. 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 due to requirements imposed by the FAA or other state or federal authority at any time and without prior notice. Any changes or additional requirements commanded by the Federal Aviation Administration supercede these Rules and Regulations. 1111 Jill 71,5336 { i Page: 5 of 75 02/06/2002 03:24; Sara J Fisher Eagle; CO 370 R 0.00 Q 0.00 C Section Two DEFINITIONS CJII 2.0 The following definitions apply to the terms used in these rules: A. Airport The Eagle County Regional Airport, including both the Terminal, Fixed Base Operation area, hangars, south ramp (transient general aviation area) and north ramp (military and based aircraft area) as well as all other surface areas of the Airport including roadways and parking facilities. B. Automated Vehicle Identification Tag or Transponder A transponder issued by the Airport to Commercial Operators for each motor vehicle in their fleets, which transponder allows the Airport to record the number of trips and time of each motor vehicle through the roadways of the Terminal and other movement within the Airport's control system. C. Commercial Operator Any person or entity, including its drivers, employees and representatives, using Airport roadways or operating motor vehicles upon the Airport in furtherance of or in connection with any activity carried on for a profit. This definition shall not include airline companies, air freight and cargo companies utilizing air cargo terminal, schools, universities, non - profit organizations, organ donor companies, hospitals, ambulance services, 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 system such as Federal Express and United Parcel Service are exempted when delivering mail service. D. Commercial Operator Types The following operators are all considered Commercial Operators for the purpose of these rules and regulations. These definitions may not be all inclusive to 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 2 195336 I 4� Rage: 6 of 75 I j ff 0l './0612002 03:24F Sara J Fisher Eagle, CO 37€, R 0.00 D 0.00 motor vehicles to the public. 3. Commuter Operators Commercial Operators engaged in the business of ferrying scheduled or unscheduled passengers to and from the Eagle County Regional Airport. 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. Luxury 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 Staging 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 Anyone employed by or acting on behalf of a Commercial Operator and representing its interests, including designated Curbside Coordinators approved by the Ground Transportation Office in accordance with these Rules. G. Concession Agreement A contractual agreement between the Eagle County Air Terminal Corporation (SCAT) or the Vail Valley Jet Center (VVJC), or other Fixed Base Operator (FBO) that may be in operation, and a Commercial Operator granting the right to exclusive use of premises as authorized by agreement at the Airport together with the non - exclusive privilege of operating commercial motor vehicles and conducting certain business activities upon Airport premises. H. Cruising Operation of a motor vehicle upon Airport roadways by a Commercial Operator jj� ,1 1111 785336 Page� 7 of 75 11 02/06/2002 03;24P Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 C11 C11 for the purposes of picking up or attempting to pick up passengers in any location other than in the loading areas specifically'authorized for such use in these regulations. I. Door Loadinq 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. J. Double Parkinq 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 of the County assigned to the Airport's Ground Transportation section who may be identified by the public by nameplates, identification badges or business cards presented by or worn upon the clothing of such persons identifying themselves as being so employed. N. Ground Transportation Year The Ground Transportation Year shall run from November 1 through October 31. O. Infrequent User A Commercial Operator which does not transport passengers or commodities to and from the airport more frequently than two days during the Ground Transportation Year. 111111, 1 Jill lI 11, -78521:16 0206/2002 03:24P Sara J Fisher Eagle; CO 370 R 0.00 D 0.00 4 P. Federal Highway Administration An agency of the United States Department of Transportation which 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 Exhibit A. R. Manifest A written inventory of pre- booked clients, which shall include customer's name, number in party, airline and flight being utilized. S. Passenger Operators The term Passenger Operators shall include Bus Operators, Commuter Operators, Hotel and Motel Operators, Luxury Limousine Operators, and Curbside Coordinators. T. Permit A Permit issued by Ground Transportation personnel to be displayed as a mirror hang -tag which allows a one day access on any of the roads within the Airport. U. Pre - booked and Pre - ticketed Passenger A passenger for whom reservations have been made for ground transportation services prior to the passenger's entry upon the Airport. V. Revocation The discontinuance of a Commercial Operator's privilege to operate motor vehicles on Airport roadways and otherwise conduct business activities at the Airport. 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, direct or indirect, verbal, non - verbal or written, of whatever nature to obtain passengers or baggage by or for a Commercial Operator. Y. Suspension The temporary discontinuance of a Commercial Operator's privilege to operate i ► 85336 ` Page: 9 of 75 �I 02/06/2002 03:24; Sara J Fisher Eagle; CO 370 R 0.00 D 0.00 motor vehicles on Airport roadways and otherwise conduct business activities at the Airport. Z. Tri The operation of a motor vehicle through the roadways and the loading and unloading areas of the Terminal, beginning at the entry points or gates along the roadways leading to the Terminal and ending at the exit points as shown on Exhibit B. AA. VVJC Vail Valley Jet Center, LLC. BB. Walk -up Passenger A passenger, for whom reservations have not been made for ground transportation services prior to the passenger's entry upon 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 and the Resolutions and Regulations of Eagle County and the Town of Gypsum (to the extent within the Town of Gypsum) while upon the Airport. 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 control vehicular traffic upon 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 posses an AVI Transponder, purchase a Daily Permit authorizing it to conduct business upon the Airport, or 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 785336 1111111 ��11 11 1��11 11111, Page: 20 of 75 02/06/2002 03:24; Sara J Fisher Eagle: CO 370 R 0.00 D 0.00 01 C) counter spaces in the Terminal set apart for the exclusive use of such Commercial Operators. Section Five PROCEDURES FOR OBTAINING OPERATING PRIVILEGES 5.0 The Manager shall issue a Daily Access Permit or 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 Commercial Operator shall at a minimum maintain a comprehensive general liability insurance policy and motor vehicle insurance policy provided by insurance companies authorized to do business in the state of Colorado in such minimum amounts as required by the P.U.C. B. Additional Insured Eagle County, ECAT and VVJC shall be endorsed on comprehensive general liability and motor vehicle liability policies as 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, SCAT, 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, SCAT, 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. Operating Authority Commercial Operators who engage in ground transportation activities I 1111I ( ?115336 f Page: 11 of 75 11 1 1 02/05!2002 03:24F Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 C111 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) Upon installation and implementation of an AVI system, AVI transponders will become necessary as defined herein. Commercial Operators shall submit fully executed AVI Tag Applications in a form established by the Airport Manager. AVI Transponders may be purchased or compatible transponders from other airports may be registered. Care, maintenance, and upkeep of transponders is 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 the foregoing required documents. Section Six PERMITS /AUTOMATED VEHICLE IDENTIFICATION TAG REQUIREMENTS 6.0 It is the intent of Eagle County to install and operate an Automated Vehicle Identification (AVI) system. Upon the installation of this system it will be imperative that before operating motor vehicles upon Airport premises, except as otherwise hereinafter provided, Commercial Operators shall secure a Permit/AVI Transponder for each of their vehicles which will be operated upon the Airport. 6.1 Commercial Operators except as otherwise provided herein shall use Permit/AVI Transponder only for operation upon the Airport of the vehicle to which the Permit/AVI Transponder is assigned. Permit/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 Permit/AVI Transponder issued to a different Commercial Operator is strictly prohibited. Permit/AVI Transponders shall remain affixed to the vehicles to which they are assigned at all times. 11 jj� I86336 111111111, III i 7 { Page: 32 of 75 02/05/2002 03:24; Sara J Fisher Eagle, Co 370 R 0.00 D 0.00 6.2 Permit/AVI Transponders will be deactivated in the event of misuse and access to the Airport will be denied. Section Seven SOLICITATION AND BUSINESS RESTRICTIONS 7.0 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. 7.1 Commercial Operators shall not engage in Solicitation upon Airport premises. 7.2 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 Eight MEETING AND GREETING PASSENGERS 8.0 Commercial Operators are authorized to meet passengers in the Terminal in areas described in Concession Agreements as available for the exclusive use of Commercial Operators who have such agreements or in areas authorized by the Airport Manager or his designee. 8.1 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. 8.2 No Driver /Employee of any ground transportation company may porter passenger baggage unless (i) curbside porter service is not reasonably available, (ii) the passenger has, without solicitation from the Driver /Employee, requested such assistance, and (iii) leaving an unattended vehicle for this purpose would not cause or aggravate traffic congestion; or unless the Driver /Employee is claiming and delivering delayed baggage under contract. Such exceptions shall not be performed until permission is obtained from the Airport Manager or his designee. 7216336 �! Rage: 13 of 75 0210612002 03:24° Sara J Fisher Eagle, Co 370 R 0.00 D 0.00 8.3 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. 8.4 Meeting and Greeting Pre - Booked and Pre - Ticketed Passengers A. 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. B. 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. C. The number of Company Representatives greeting passengers may not exceed the personnel required to do so based on the judgment of 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 areas of the Terminal. 8.5 Meeting and Greeting Walk -Up Passengers A. Unless pursuant to the Curbside Coordinator Program or otherwise authorized by the Airport Manager or his designee, Commercial Operators shall meet Walk -Up Passengers only in areas described in Concession Agreements as available for the exclusive use of such operators and in authorized meeting and greeting areas. Commercial Operators and their representatives shall not loiter on sidewalks, at Terminal doors, or any area not authorized by Ground Transportation Employees. B. 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 Nine CURBSIDE COORDINATOR PROGRAM io I !I 71, -336 t I 02�/06/2002f03 :24F Sara J Fisher Eagle, CO 310 R 0.00 D 0.00 9.0 In order to promote customer - friendly service to the traveling public, Commercial Operators may position Curbside Coordinators also referred to as "Coordinators" in the approved passenger loading locations outside the Terminal entrances in accordance with these rules. 9.1 A Commercial Operator may employ its own Coordinator(s). In the alternative, two or more companies may jointly employ a Coordinator. Each Coordinator who is jointly employed shall count as one Coordinator under the program for each employing company; no company may use a joint employment arrangement as a method to exceed the number of Coordinators allowed under these Rules. 9.2 Coordinators shall perform the following duties: A. Dispatch vehicles between the Holding Lot and the loading areas. B. Communicate wait times to passengers with tickets for, reservations for, or who specifically request, by name, a particular transportation Operator. C. Monitor luggage and assist passengers with their baggage as they board a vehicle. D. Direct passengers with tickets, reservations, or who specifically request a company by name, to the correct vehicle. E. Provide general information to passengers about Colorado, local attractions and similar subjects. F. Generally assist the traveling public in a customer - friendly manner. 9.3 Each company which employs Curbside Coordinators shall comply with the following requirements: A. Each commercial operator may place no more than one Coordinator in the designated areas. B. Coordinators will remain at their positions at all times while on duty. C. Coordinators may not enter the Terminal Building for any reason while on duty. D. Coordinators will at all times be dressed in neat and appropriate uniformed attire which clearly identifies his /her company or companies. 11 Ij ! 785336 1 I, of 02'IM/200203524E Sara J Fisher Eagle, CO 37C R 0.00 D 0.00 l C E. This designated Curbside Coordinator shall be assigned identification by the Airport Manager or his designee. This identification shall be worn above the waist and clearly visible on the designated Curbside Coordinator during all times the Curbside Coordinator is on duty. Lost or misplaced Curbside Coordinator identification shall result in loss of participation in this program until such time as Airport Manager or his designee may replace identification. F. Coordinators may carry two -way radios and plain clipboards as required to perform their duties. Clipboards may not be used for solicitation or advertising purposes. Each company must submit to Airport Operations information concerning its radio frequency or frequencies, in order that Airport Operations may verify that each frequency is compatible with others in use at the Airport. G. Coordinators may not distribute schedules or promotional materials of any kind to passengers. H. Coordinators may not solicit unaffiliated passengers or potential passengers. If a Coordinator is approached by unaffiliated passengers asking who can transport them to a particular location, the Coordinator shall direct such persons to the Information Counter in the Terminal Building, or to Airport Ground Transportation personnel working in the loading area. A Coordinator may direct passengers who request an Operator by name, to that Operator's vehicles in the loading area, or to that Operator's Coordinator. I. Coordinators may not ticket passengers or engage in any commercial transactions with passengers. J. Coordinators may be hourly or salaried employees of their respective Operator(s), and may not be commissioned agents. Coordinators will not accept tips or give change. No money is to change hands during the performance of the Coordinators' duties. K. The Coordinator will be the "person in charge" on the curb for his /her employing Operator(s) and will be responsible for handling all communications with the Airport Ground Transportation staff on the curb. L. Coordinators will not initiate nor engage in disruptive or argumentative behavior while on duty with passengers, drivers, other Coordinators, airport employees or employees of any Operator. Coordinators will report 12 785336 Page: 16 of 75 0� �1 02/05/2002 03:24F Sara J Fisher Eagle; CO 370 R 0.00 D 0.00 ( C all complaints or grievances to Airport Ground Transportation personnel. M. Drivers or other agents /employees may not perform the duties of Coordinator at the same time when they are on duty performing duties other than those of a Coordinator. N. If required, Coordinators shall attend an Airport Curbside Coordinator training class(es) conducted by Airport Ground Transportation staff and Operator representatives, which provides instruction in customer service, Airport Rules and Regulations, and the Rules specially governing Curbside Coordinators. Each Coordinator will sign a form, to be kept on file in the Airport Manager's Office, which confirms his /her understanding of, and agreement to comply with, all Airport rules, regulations, and directives. O. Each Coordinator will also be trained by his or her employing Operator(s) to deliver customer - friendly service to the traveling public. P. Coordinators and Operator representatives shall attend user meetings conducted by Airport Ground Transportation staff for those participating in the Curbside Coordinator program. Q. Coordinators and Operators shall comply with Airport Rules and Regulations. The Coordinator privileges of any individual may be revoked for violation of any Airport Rules and Regulations, including those governing Curbside Coordinator activities. 785336 Page: 17 02/06/2002 05!200203 :24P Sara J Fisher Eagle, CO 370 R 0.00 0 0.00 13 C Section Ten COMMERCIAL 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 Operator 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. Deception of the Public It shall be unlawful 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 Company Representatives at all times while upon Airport property 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 Drinks Prohibited No Commercial Operator shall provide food or drinks to its customers at any location upon Airport premises other than in motor vehicles operated by Commercial Operators. F. Luggage Carts for Passengers 14 78 5 3 3 6 of 02/06t200203 :24« Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 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. Uniforms 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: L Uniforms may display the company name only upon the front and back of shirts and jackets. No written information shall be displayed on pants. ii. Lettering on the front of the shirt or jacket shall not be more than one inch in height. iii. 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. Gratuities 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 It shall be prohibited, unless authorized in advance by the Airport Manager or his designee, for any Commercial Operator to leave its motor vehicles unattended upon Airport roadways or in the commercial lanes of 15 1111111111 p11i1 !II!IIIII!i1llllllll aa'�6.;•.. Sara J Fisher Eagle, CO 370 R 0. 00 D 0. 00 t the Terminal. Vehicles left without a driver, without prior authorization of the Airport Manager or his designee, in unauthorized areas of the Airport, or obstructing traffic shall be immediately towed from the Airport at Commercial Operator's expense. 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 marked Exhibit B, which drawing is incorporated herein and made a part hereof by reference. C. Passenger Drop -Off -Terminal. Referring to Exhibit A (ECAT terminal), all departing passengers in Commercial Operator's vehicles must be delivered to the east of the Terminal in the drop -off area. No stopping and waiting is allowed in either area. The term "departing passenger" identifies a passenger who is involved in departing the Airport in a commercial airline aircraft. Unattended vehicles are not allowed in the designated drop -off areas. Attended vehicles (operative vehicles with a licensed Driver /Employee inside or outside) may be in these designated drop -off areas only for the time required to unload passengers and baggage. D. Passenger Loading - Terminal . Commercial Operators' vehicles waiting to pick -up arriving passengers shall park in the pick -up area as designated for their type of vehicle on Exhibit A except as permitted by separate agreement with ECAT. It shall be prohibited for any Courier Operator to load parcels upon Airport property in any location other than in the authorized loading areas of the 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 III!II Ilill IIIIIII II IIIIIIII IIIP� VIII II IP�III' II''II'� 785336 Page: 20 of 75 02106/2002 03:24= Sara J Fisher Eagle, CO 37C R 0. 00 D 0.00 C Commercial Operators 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 Ground Transportation Employees. Courier Operators shall drop off parcels at the Terminal only in the drop off areas shown on Exhibit A. It shall be prohibited for any Commercial Operator to unload passengers and parcels upon Airport property in any other areas of the Airport unless directed by Ground Transportation personnel to another specific area, and in such case the Commercial Operator shall use the area indicated by such personnel. E. Use of Commercial Vehicle Staging Lot All Commercial Operators who have operating privileges or a Concession Agreement may make use of 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. Drivers must remain with all parked vehicles. F. Cruising Prohibited It shall be prohibited for Commercial Operators to engage in Cruising upon Airport property. G. Airport Parking 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 Loading Areas 17 Page: 21 of 75 it i) f 02/06/2002 03:24F Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 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 Parking Prohibited Double Parking of motor vehicles by Commercial Operators upon Airport roadways is prohibited. Motor Vehicle Markings Motor vehicles operated upon Airport property by Commercial Operators, including courier services, whether or not for hire, shall have clearly displayed and permanently affixed on both sides of the vehicle the name of the company and all applicable Colorado Public Utilities Commission and Federal Highway Administration authority numbers, except that luxury limousines and rental cars are 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. Section Twelve CAR RENTAL OPERATORS CAR RENTAL OPERATORS WITH CONCESSION AGREEMENTS 12.0 Fees for Concessionaire Car Rental Operators Car Rental Operators which 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. CAR RENTAL OPERATORS WITH PERFORMANCE AND USE AGREEMENTS 12.1 Fees for Car Rental Operators with Performance and Use Agreements Car Rental Operators which 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. V I I I I! I I I I! I I I I I I I I I I I I I! I I I lilt IIIII!iIIIIIIIIIIIII 785336 Page: 22 of 75 42/06/2002 03!242, Sara J Fisher Eagle. CO J 0.00 01 i 12.2 A copy of the On- Airport Car Rental Agency Agreement and the Off- Airport Car Rental Agency Agreement is attached as Exhibit C and Exhibit D. On- Airport Car Rental Agencies are those which have a concession agreement in the Terminal. Both On and Off - Airport Car Rental Agencies are 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 are 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. 12.3 On and Off - Airport Car Rental Agencies are not allowed to park or stage rental car vehicles on the Airport without prior authorization or by separate 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 clearly 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 parked on the Airport will be presumed to be parked 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 Car Agency rental vehicles) are required to obtain and display an AVI Transponder or Daily Eagle County Regional Airport Ground Transportation Permit unless they are an infrequent users as defined herein. Should they have neither, they shall immediately pay a Penalty Access Fee. Fees shall be paid as set forth herein and as indicated in the attached Exhibit F. 13.1 Penalty Access Fees are 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 19 I 7 5336 111111111 ,,?age: 23 of 75 o 02/05/2002 03:24€ Sara J Fisher Eagle, 00 370 R 0.00 D 0.00 }i fees owed. c 13.2 The following rules apply to all Permit or AVI transponder holders (including, as applicable, those paying Daily Access Fees): A. The Ground Transportation Year shall run from November 1 to October 31 of each calendar year. B. AVI transponders must be affixed on the windshield of the permitted vehicle so they are 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 appear 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 clearly 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 unpermitted and charged a Penalty Access Fee 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 a Permit or 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 any Permits or AVI transponders. F. Permits and 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 20 �( X8533 6 Page: 24 of 75 02/08 ✓2002 03:24; Sara J Fisher Eagle: CO 370 R 0.00 0 0.00 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. 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 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. 14.1 Upon implementation of the AVI system, 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 REGULATIONS 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 21 II 785338 It Page: r 02//06/200203 :24F Sara J Fisher Eagle: CO 370 R 0.00 D 0.00 �� s 'mss 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 a Permit/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. After accessing the Airport two times per Ground Transportation Year, Infrequent Users status is forfeited and the Operator shall pay all fees, penalties or other assessments as required. Section Sixteen SUSPENSION AND REVOCATION 16.0 The Airport Manager shall have the power to suspend or revoke the operating privileges of any Commercial Operator or its drivers, employees or representatives for poor behavior or non - compliance with these Ground Transportation Rules and Regulations, provided, however, that such power of suspension and revocation may be exercised only upon the failure of the Commercial Operator or its drivers, employees or representatives to comply with and satisfy the requirements of these ground transportation regulations. 16.1 The Airport Manager may suspend operating privileges with five (5) days prior written notice to the Commercial Operator. 16.2 Notices of Violation Notices of Violation will be issued by the Airport Manager or his designee for infractions /violations of the Airport Rules and Regulations and these Ground Transportation Rules and Regulations. 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. A Notice of Violation form is attached as Exhibit H. 16.3 A Person May be Denied Access to the Airport Notices of Violation will be cumulative. Commercial Operators receiving four (4) Written Violations during a ground transportation year (November 1 - October 31) will have their operating privileges suspended and shall be denied access to the Airport for one calendar year from date of the fourth Notice of Violation. 22 i (85336 Page: 26 of 75 02/06/2002 03:249 Sara J Fisher Eagle. Co 3?ti R 0.00 D 0.00 G C. 16.4 A Business May be Denied Access to the Airport Each Notice of Violation issued to a Driver /Employee or representative will also be recorded as a Commercial Operator's infraction. After cumulating four (4) Notices of Violation for any Commercial Operator, the Commercial Operator's operating privileges shall be suspended and they shall be denied access to the Airport for the conduct of Ground Transportation business for one calendar year from the date of the fourth (4th) Notice of Violation. 16.5 Notwithstanding the notice provisions hereof, when the Airport Manager has reasonable grounds to believe and finds that the public health, safety or welfare requires emergency action and incorporates such findings in his order, he may summarily suspend operating privileges pending a suspension hearing which shall be promptly instituted and determined. 16.6 Any Commercial Operator or person whose operating privileges are or may become suspended for other than a deliberate or willful violation of such requirements may demonstrate to the Airport Manager or his representative, at any time prior to such suspension or after such suspension has been imposed, that such operator or person has remedied its failure to satisfy the requirements of these ground transportation regulations granted to such Commercial Operator. 16.7 If the Commercial Operator or person whose operating privileges are or may become suspended demonstrates that it has remedied its failure to satisfy the said requirements, the Airport Manager or his representative may remove the suspension if it has been imposed or shall abandon the procedure to suspend the operating privileges if such suspension has not yet been imposed. 16.8 If the Commercial Operator or person whose operating privileges are or may become suspended demonstrates that it is making a good faith effort to remedy its failure to satisfy the requirements, the Airport Manager or his representative may, in his or her discretion, remove the suspension if such suspension has been imposed or abandon the procedure if such suspension has not yet been imposed. 16.9 Once operating privileges have been suspended they shall remain suspended for the term set forth herein unless such suspension is earlier lifted or until revocation of operating privileges occurs in accordance with the procedure set forth below. Upon suspension of operating privileges all Permit/AVI Tags assigned to the Commercial Operator, or the driver, employee or representative whose privileges have been suspended will be deactivated. 16.10 The Airport Manager may revoke operating privileges of a Commercial Operator or its drivers, employees and representatives only following five (5) days prior written notice to the Commercial Operator or its drivers, employees or representatives whose privileges are to be revoked, which notice may be issued only after a suspension of 23 x85336 +�+ Rage: 27 of 75 02/0612002 03:24F Sara J Fisher Eagle; CO 370 R 0.00 D 0.00 privileges has been imposed. 16.11 Operating privileges which have been revoked may not be reinstated. Nonetheless, a Commercial Operator whose operating privileges have been revoked may apply for a new privileges after a twelve (12) month period has elapsed following the date of revocation. The Airport Manager, in his discretion, may allow an earlier application following revocation where justified by unique circumstances. 16.12 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. 16.13 Any ground transportation company or representative shall have the right to a hearing provided by the Airport Manager 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. Except in emergency situations involving the public health, safety, or welfare, no operating privileges shall be suspended or revoked prior to such hearing. Section Seventeen MISCELLANEOUS 17.0 If any provision of these Rules and Regulations is held by a court to be invalid, the validity of other rules and regulations herein shall remain in full force and effect. 17.1 The remedies and enforcement tools set forth in these rules and regulations shall be cumulative. 24 785336 Page: 28 of 75 !,y 02/05/2002 03:24P Sara J Fisher Eagle; CO 370 R 0.00 D 0.00 EXHIBIT A LOADING AND UNLOADING AREAS 78533 I I P,g,: 29 of 75 02/06/2002 03:24r Sara J Fisher Eagle, CO 3 '0 R 0.00 D 0.00 11 �j I C� Jill 1�111 785336 Page: 30 of 75 02/06i2002 03:241;p Sara J Fisher Eagle. CO 370 R 0.00 D 0.00 w- Iwo poor copy end will not PhOtOgpph. is no the fault of this Office. WV ;_, ki 7 d rZ. K Wx RM i T. PAN i WW ft A F)cllz g, d IW-1 A _R! fw x tFi g, d IW-1 A t74 0 F, Oq �J rD M_ __ - __ __ - - __ __ ___ .. _R! fw t74 0 F, Oq �J rD M_ __ - __ __ - - __ __ ___ .. 785336 Page: 31 of 75 02/06/2002 03:24 Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 i3 S ON WT 7 4 P4 Aut e� 4 .rx Mv �4 MW 4' 0, nk Ai I V. t I 'k a , Z�L MIN 16 M� A'a a 44A, W_ w EXHIBIT B C-11 AVI TRANSPONDER LOCATIONS I 785336 Page: 32 of 71 02/05/2002 03:24; Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 tNA �7 ��:tz LT Aff, At - - - - - - - - - - - - - - J �7- M—r -:47.: F MW - 95— I - 9-11-110 Rus �7 �f All! �1- % M - 'en-R- _ -cam - - r� s _ it, z Y �•s-f s.;- � - .:K ,tom.. '-- .'` _ - .'- -.� t C � i 4 gx. i i - 785336 Mpm, Page: 36 of 75 I!! 02/06/2002 03:241 -- Sara J Fisher Eagle, CO 370 — R 0. @0 t D @ 00 s *Transponder East Entrance EG�E -2755 � IE"S JAL ng-"MO 1 t o Eldon Wilson Road rconuntet eRFn I rtvru[r "z �.--. 'tai -a'-� -,. _-� e .�` •� e .+ i i - 785336 Mpm, Page: 36 of 75 I!! 02/06/2002 03:241 -- Sara J Fisher Eagle, CO 370 — R 0. @0 t D @ 00 s *Transponder East Entrance EG�E -2755 � IE"S JAL ng-"MO 1 t o Eldon Wilson Road rconuntet eRFn I rtvru[r c EXHIBIT C ON AIRPORT CAR RENTAL AGREEMENT 785331 Ii I Page: 37 of 75 I{ I! 02/06/2002 03:24P: Sara J Fisher Eagle, CO 3'0 R 0 .00 D 0.00 -4 ,f 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 car rental agency for travelers utilizing the Airport; and WHEREAS, 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 car rental agency business; and WHEREAS, car rental services are essential to the proper accommodation of general and commercial aviation at the Airport. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties hereby agree as follows: ARTICLE ONE RIGHTS AND PRIVILEGES The County hereby grants to Commercial Operator a non - exclusive, revocable license to operate its motor vehicles upon the property of the Airport in the conduct of its on- airport car rental agency business and to pick up and discharge its customers at the terminal building(s) and /or the Car 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. 7135:36 Page: f `06/2002 02, 03:24F Sara J Fisher Eagle, Co 370 R 0.00 D 0.00 01 C 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 Mainte- nance 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 Agree- ment. 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 agree- ment. 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 December 1, 2001 and continuing through the 30th day of November, 2002 (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 i' 785336 Page: 39 of 75 02/0612002 03:24F Sara J Fisher Eagle, Co 370 R 0.00 D 0.00 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 effec- tive 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 $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 -112 percent per month from 3 I ?85336 Page: 40 of I 02/06i2002 03524 Sara J Fisher Eagle, CO 370 R 0.00 Q 0.00 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 accoun- tant 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 hereinafter authorized to be performed by aircraft operators upon the aforesaid runways, taxiways, and public passenger ramp and apron areas. The County reserves the right to further develop or improve the Airport as it sees fit, regardless of the desires or views of Commercial Operator, and without interference or hindrance, except that the County may not arbitrarily violate or unreasonably diminish Commercial Operator's rights as provided elsewhere in this Agreement except on a temporary basis, or diminish its ability to perform the obligations undertaken by it hereunder; provided, however, that any general or partial closure of any Public Aircraft Facilities for the purpose and duration of construction or repair shall not be considered a violation or diminishing of Commercial Operator's rights or ability to perform; 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 regard. The County reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction. 4 j ' 7"5,336 II� of 02//06/200203 :24; Sara J Fisher Eagle, CO 370 R 0.00 0 0.00 4 During the time of war 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 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 opera- tions 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 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 particu- lar, to pick up and drop off customers, to purchase advertising space on the Airport and within the Air - Carrier Terminal, and to establish a courtesy phone system on the Airport and within the Air Carrier Terminal, all subject to fees and charges in common with other users of that classification. C. Subordination of Agreement. This Agreement and the rights and privileges thereunder are subject and subordinate to the terms, reservations, restrictions and conditions of any existing or future agreements between the County and the United States, the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to the County for Airport purposes or the expenditure of federal funds for the extension, expansion or development of the Airport. D. Signs. Commercial Operator shall not erect, maintain or display at the Airport any external signs or other advertising without first obtaining the written approval of the County. Commercial Operator shall remove, at its expense, all lettering, signs, and placards erected on the Airport at the expiration of the term of this Agreement. �� 7 11 ,5336 1 III Page: 42 of 75 02;'06/2002 03 :24; Sara J Fisher Eagle: CO 3?0 R 0.00 D 0.00 5 r 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, 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 ($1,000,000.00), Bodily Injury and Property Damage Combined Single Limit per occurrence. Commercial Operator shall also maintain in force during the term of this Agreement Workers Compensation and Employers Liability Insurance in accordance with the provisions of Colorado law. The limit of such insurance coverage shall be for statutory Worker's Compensation benefits, and shall not be less than One Hundred Thousand Dollars ($100,000.00) for employers liability insur- ance. 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 provided through another insurance company or companies. In the event that Commercial Operator shall at any time fail to provide County with the insur- ance 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 insura-ice company /companies shown thereon, must be attached to the Certificate of Insurance. Facsimile stamped signature on the Certifi- cate 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 6 i 78 X38 Page: 43 of 02/05/2002 0,3524 Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 ARTICLE SEVEN INDEMNIFICATIONS AND NON - LIABILITY EXCEPTIONS Commercial Operator shall indemnify and hold harmless the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants, and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and ex- penses 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 Commer- cial Operator and Commercial Operator shall have the right to compromise or partici- pate 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 hereun- der 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 con- strued 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. 15336 1 Page: 44 of 75 02/06/2002 03:241 Sara J Fisher Eagle: CO ! 370 R 0 00 D 0.00 7 IiIIIIIIIII !IIIIIIIIIIIII'�IIIII'II Sara J Fisher Eagle, Co ARTICLE NINE COOPERATION c. 785336 Page: 45 of 75 02/06/2002 03:24r R 0.00 0 0.00 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: Eddie F. Storer, Acting 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, cove- nants or conditions of this Agreement, and the failure of the County to remedy or undertake to remedy,.to Commercial Operator's satisfaction, . 785336 Page: 46 of 75 02/06/2002 03:24 Sara J Fisher Eagle, 00 370 R 0.00 00.00 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 Com- mercial Operator from conducting business operations for a period in excess of 180 days. B. Termination by the County. This Agreement shall be subject to termina- tion 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 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 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. E 1 Page: 47 of 75 02/06/2002 03:24P Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 ARTICLE TWELVE DUTY TO OBTAIN REQUIRED PERMITS Commercial Operator shall, at its sole expense, obtain and maintain in good standing all proper and necessary permits, including the permits described in the Ground Transportation Rules and Regulations, and licenses necessary to carry out and perform its privileges and obligations under this Agreement. ARTICLE THIRTEEN OPERATING STANDARDS In providing any of the required and /or authorized services or activities specified in this Agreement, Commercial Operator shall operate for the use and benefit of the public and shall meet or exceed the following standards: A. Commercial Operator shall furnish service on a fair, reasonable and non- discriminatory basis to all users of the Airport. Commercial Operator shall furnish good, prompt and efficient service adequate to meet all reasonable demands for its services at the Airport. Commercial Operator shall charge fair, reasonable, and non-discrimina- tory prices for each unit of sale or service; provided however, that Commercial Operator may be allowed to make reasonable and non - discriminatory discounts, rebates or other similar types of price reductions to volume purchasers. Commercial Operator specif- ically 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 participat- ing 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 W11 Cl 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 appear- ance 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 con- nection 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. 1. 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. 785336 of 02/06/200203�24F Sara J Fisher Eagle: CO 3?0 R 0.00 D 0.00 11 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 Colo- rado. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the County or Commercial Operator in their respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. C. All amendments to this Agreement must be made in writing by mutual agreement of the parties, and no oral amendments shall be of any force or effect whatsoever. D. The clause headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. E. This Agreement supersedes all previous communications, negotiations and /or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth herein. 12 ( 7$5336 i Gage: 49 of 75 02/06/2002 03:24F Sara J Fisher Eagie, CO 370 R 0.00 D 0.00 a [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, \onair.95 Eddie F. Storer Airport Manager i t x85336 Page: 50 of 75 III I 02/06/2002 03:24; Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 13 C"; EXHIBIT D OFF AIRPORT CAR RENTAL AGREEMENT I'�III'tl IIIII 1111111 II!lilllll IIII! �IIP� III I11!i NPJI! 78533 Page: 51 of 75 02/06/2002 03:24P Sara J Fisher Eagle. CO 370 R 0.00 D 0.00 C � 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 "). 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 off - 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, in consideration of the premises and the mutual covenants contained in this Agreement, the parties hereby agree as follows: ARTICLE ONE RIGHTS AND PRIVILEGES The County hereby grants to Commercial Operator a non - exclusive, revocable license to operate its motor vehicles upon the property of the Airport in the conduct of its off - airport car rental agency business and to pick up and discharge its pre- booked customers at the terminal building(s) at the Eagle County Airport for the term and sub- ject to the conditions set forth in this Agreement and in the Airport Ground Transporta- tion 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. 1111111111111111111111111111111111, 11111111111111111111, r' 85336 F : AGREE OFFAIR l Page: 52 of 75 \ \ 02/06/2002 03:24F Sara J Fisher Eagle, CO 370 R 0.00 0 0.00 C"I C111 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 opera- tors) 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 "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 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 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. 785336 F:\AGREE\OFFAIR 2 I Page: 53 of '75 �I 02'06!2002 03:2* R 0.00 D 0.00 Sara J Fisher Eagle, CO 370 �1 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 C:,mmercial 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, F:\AGREE\OFFAIR 3 I 85336 Page: 54 1111i 111,, 02/06,/2002 {03:24F Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 C C agreeable to both parties, who shall determine the rights of the parties hereunder in conformity with generally accepted accounting principles. The fees due said accoun- tant 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 perform. The County reserves the right to maintain and keep in repair the Public Aircraft Facilities of the Airport and all publicly owned facilities of the Airport, together with the right to direct and control all activities of Commercial Operator in this regard. The County reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction. During the time of war or emergency, the County shall have the right to lease the Airport or any part thereof to the United'States Government for military or naval use, ! 73533 1 Page. 55 a 75 �i 02/06/2002 03:24 Sara J Fisher Eagle; CO 370 R 0.00 D 0.00 F: \AGREE \OFFAIR 4 C C, 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 opera- tions 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 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 particu- lar, to pick up and drop off customers, to purchase advertising space on the Airport and within the Air - Carrier Terminal, and to establish a courtesy phone system on the Airport and within the Air Carrier Terminal, all subject to fees and charges in common with other users of that classification. C. Subordination of Agreement. This Agreement and the rights and privileges thereunder are subject and subordinate to the terms, reservations, restrictions and conditions of any existing or future agreements between the County and the United States, the execution of which has been or may be required as a condition precedent to the transfer of federal rights or property to the County for Airport purposes or the expenditure of federal funds for the extension, expansion or development of the Airport. D. Signs. Commercial Operator shall not erect, maintain or display at the Airport any external signs or other advertising without first obtaining the written approval of the County. Commercial Operator shall remove, at its expense, all lettering, signs, and placards erected on the Airport at the expiration of the term of this Agreement. ARTICLE 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 F:\AGREE\OFFAIR 5 i # I 711533 Page: 56 of 75 02/06/2002 03:24F Sara J Fisher Eagle, Co 3 -0 R 0.00 D 0.00 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 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 Opera- tor 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 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 Agree- ment. 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 f IF:\AGREE\OFFAIR 6 7115336 I Page: 557002f ©35 4 Sara J Fisher Eagle, GO 3iG R 0.00 D 0.00 ARTICLE SEVEN INDEMNIFICATIONS AND NON - LIABILITY EXCEPTIONS Commercial Operator shall indemnify and hold harmless the County, its Board of County Commissioners and the individual members thereof, its commissions, agencies, departments, officers, agents, employees or servants, and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and ex- penses 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 Commer- cial Operator and Commercial Operator shall have the right to compromise or partici- pate 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 hereun- der 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 con- strued 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 F:\AGREE\OFFAIR 7 785336 Page: 58 of 02/06/200203:24F Sara J Fisher Eagle; CO 370 R 0.00 Q 0.00 f 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 Board 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 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, cove- nants or conditions of this Agreement, and the failure of the County to F:\AGREE\OFFAIR 8 �I I 7115336 Page: 59 of 75 I� 02/0612002 03:24F Sara J Fisher Eagle, Co 370 R 0.00 D 0.00 C71, 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 Com- mercial Operator from conducting business operations for a period in excess of 180 days. B. Termination by the County. This Agreement shall be subject to termina- tion 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 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 be taken to constitute a waiver of any such subsequent (� F:\AGREE\OFFAIR 9 1 i Rage: 50 of 75 02/0512002 03:24F Sara J Fisher Eagle: 00 370 R 0.00 Q 0.00 C-11 breach, violation or default in or with respect to the same or any other covenants or condition hereof. ARTICLE TWELVE DUTY TO OBTAIN REQUIRED PERMITS Commercial Operator shall, at its sole expense, obtain and maintain in good standing all proper and necessary permits, including the permits described in the Ground Transportation Rules and Regulations, and licenses necessary to carry out and perform its privileges and obligations under this Agreement. ARTICLE THIRTEEN OPERATING STANDARDS In providing any of the required and /or authorized services or activities specified in this Agreement, Commercial Operator shall operate for the use and benefit of the public and shall meet or exceed the following standards: A. Commercial Operator shall furnish service on a fair, reasonable and non- discriminatory basis to all users of the Airport. Commercial Operator shall furnish good, prompt and efficient service adequate to meet all reasonable demands for its services at the Airport. Commercial Operator shall charge fair, reasonable, and non- discrimina- tory 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. F:\AGREE\OFFAIR 10 6 j 7$5336 t 1 Page: f 02/06/200203 :24; Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 C 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 appear- ance 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 con- nection 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. F : \AGREE \OFFAIR Ii 785336 i 1 Page: 62 o I f 75 I is 02/06,2002 03:24; Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 �Ij 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. 7 6 Page: f 02/06/200203:24F Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 F: \AGREE \OFFAIR 12 j 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 Colo- rado. Any covenant, condition, or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the County or Commercial Operator in their respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. C. All amendments to this Agreement must be made in writing by mutual agreement of the parties, and no oral amendments shall be of any force or effect whatsoever. D. The clause headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they appertain. E. This Agreement supersedes all previous communications, negotiations and /or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth herein. [signature page next page] i Sara J Fisher Eagle! CO 111111 llll� llillli II IIIIIIII IIII! Illf,� III I!II! !III e F: \AGREE \OFFAIR 13 785336 Page: 54 of 75 02/06/2002 03.24« D 0.00 C-11 C"-", IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year and date first above written. COUNTY OF EAGLE, STATE OF COLORADO Eddie F. Storer Acting Airport Manager Authorized Signature STATE OF COLORADO ) ) ss County of Eagle ) The foregoing instrument was acknowledged before me this _ day of , 1998, by My commission expires Notary Public "185336 Page: 555 of 75 02/06/2002 03:24F Sara J Fisher Eagle, CO 3 C R 0.00 Q 0.00 F: \AGREE \OFFAIR 14 cl, Cil EXHIBIT E CAR RENTAL REVENUE COLLECTION FORM 11111111 �Jjj 1, 1111111 735335 I Page' 66 of 75 i 4 ! 02/06/2002 03:24F I i Sara J Fisher Eagle: CO 370 R 0.00 D 0.00 C11 C, 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 Groernd Transportation Rules & Regulations. TOTAL DUE $ The preparer certifies that all information provided in this report is true and correct and that detailed records which support these summary figures are available to the Eagle County regional Airport or its designee on request. Prepared by: Date: Jill 11111111111111,111111111111111111 785336 Page: Sara J Fisher Eagle, CO 37'v R 0. 00 D 0.00 F TORMYCARRENT File I -A-4: EXHIBIT F FEE STRUCTURE I111111III!I1111!11ll illlllll ll''�II Bill 111 ilf � lill illi ?$533 Page: 68 of 75 02/06/2002 03:24; Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00 C 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 shale be subject to payment of an access fee for each vehicle accessing the Eag:ti County Regional Airport. Companies may access two (2 times per ground transportation year (November 1 - October 31) without paying an access fee. 2. Daily Access Fee: Companies may purchase a maximum of five (5) Daily Permits. Upon their sixth (6) permit to the Airport, Commercial Operators will be required to purchase an AVI transponders and register vehicles seeking access to the Airport. Payment of Daily Access Fees or Penalty Access Fees will not be applied toward the payment of AVI Transponders or AVI access fees at any time. A Daily Access Fee Permit allows Permitted Vehicles unlimited access to the Airport for the day purchased. These Permits may only be purchased individually. To be deemed valid, Daily Permits must be properly filled out, including the date of validity and license plate number of the Permitted Vehicle. Daily Access Fees are as follow: Vehicle Cost per Permit: Large Vehicle (21+ People) $200.00 Medium Vehicle (9 - 20 People) $150.00 Small Vehicle ( 1 - 8 People) $ 75.00 Courier $150.00 (i 763 Page: 69 of 75 02/06/2002 03:24F Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 C 3. Penalty Access Fees: Vehicles displaying neither Daily Permit nor 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 Cosi per Permit: Large $225.00 Medium $175.00 Small $100.00 Courier $175.00 4. AVI Transponder Fee: A Transponder may be purchased for $50.00 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. I 785336 Page: 70 of 75 02,106/2002 03:24 Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 C 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 will 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 Operators/ Couriers and Dental 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. II ,1 i 85336 Pae: 71 of 75 I! i� 0280512002 02:24F Sara J Fisher Eagle, CO 377 R 0.00 D 0.00 G: EXHIBIT G NOTICE OF VIOLATION �1111 �1111 1 785336 1 1 02/06/2002 03524E Sara J Fisher Eagle, CO 37C R 0.00 D 0.00 Date EAGLE COUNTY REGIONAL AIRPORT Ground Transportation NOTICE OF VIOLATION In accordance with section VI (2? (penalties), of the ground transportation rules and regulations as adopted on . through resolution you have been cited For the Following infraction_ blaming Violation LOCATION: 0 Terminal -A- 0 Terminal -B- VIOLATIONS: M0 Solicitation 0 Loading And Unloading Passengers or Baggage In Mon- designated Areas Staging Vehicles In Non - designated Areas_ No Displayed Airport Parking Permit f Other Company name: Driver name= Vehicle description: License number_ Comments: Violation Number: 250 j 785336 (. Page: { 02'05/200203524 Sara J Fisher Eagle: CO 370 R 0.00 D 0.00 C EXHIBIT H PARKING DESIGNATION (� 765336 Page: '74 of 75 021061'2002 03:24F Sara J Fisher Eagle, CO 370 R 0.00 0 0.00 1111 Jill 1111111111111111 11111,11111111, 1111 785336 Page: 75 of 75 % ' t 02/06/2002 03:24F Sara J Fisher Eagle, Co 370 R @.@@ D 0. @@ PICK-UP LOT 1. Airlink Shuttle Reserved Parking 2. Colorado Mountain Express Reserved Parking 3. Bus Parking 2 Hour Limit SEEMPC AREA ........... 17 1 77 1-7.7 7 - PICKUP LOT UV Savo —'f Agil SEE DEVAIL I X a. O 6 5DOD rf TERMINAL LOOP RI). VEMmINAL LOOP ROAD MOSS WALK DWF3L[ YELLOW F ar I -k tqs S"Er IF- FF keAlft- ■ .