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Resolution 109-2008 County Attorney RESOLUTION NO. 109 - 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 157- 2000, ATIACHED HERETO, WmCH PROVIDED A GROUND TRANSPORTATION SYSTEM FOR THE KEY WEST INTERNATIONAL AIRPORT; AMENDING SECTIONS 1,2,4,6,7,8,9,10 AND 11 TO PROVIDE NEW REGULATIONS FOR THE STANDING AND PARKING OF TAXICABS, COURTESY VEmCLES AND OTHER MOTOR VEmCLES AT THE AIRPORT TERMINALS; ADDING A NEW SECTION 12 TO PROVIDE FOR AIRPORT DIRECTOR AUTHORITY TO MAKE ADJUSTMENTS TO THE GROUND TRANSPORTATION PLAN; PROVIDING FOR A REVISED MAP IN EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2008, the Key West International Airport intends to open a new Tenninal and to change the uses of the existing Tenninal; and WHEREAS, the Airport Director, in consultation with local transportation entities, has developed a revised plan for the parking, standing and circulation of vehicles at the Airport; and WHEREAS, the Airport Director intends to implement the new ground transportation plan to coincide with the opening of the Airport's new Terminal; and WHEREAS, the County Commission finds that the new ground transportation plan, embodied in this Resolution, is a fair and well-designed system for the several transportation entities that serve the Airport; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The foregoing recitals are incorporated herein by reference. Section 2. Definitions. a) Airport means the Key West International Airport. b) Airport Director or Director means the County employee charged with managing the Airport or his designee. c) Charter bus means a motor vehicle that is operated on a regular scheduled route or is chartered for a specific prearranged purpose and is designed to transport more than fifteen persons, including the driver. 1 d) Courtesy vehicle means a vehicle carrying passengers with reservations at a hotel, motel, resort facility, marina, off-site rental company, or local attraction, without a fee charged to the passenger and is owned or leased by the hotel, motel, resort facility, marina, off-site rental company or local attraction. A courtesy vehicle shall not mean a vehicle owned by a transportation or tour company which itself is retained by the hotel, mote~ resort facility, marina, off-site rental company or local attraction to perform a courtesy vehicle function. e) Commercial activity shall mean the exchange, trading, buying, hiring, or selling of commodities, goods, information, services, or property of any kind, or any revenue producing activity on the Airport. f) Contract Vehicle For Hire (CVH) means a vehicle engaged in the transportation of persons for compensation, rented or hired by prearranged contractual arrangement for specific passengers on an itinerary list, not capable of carrying more than fifteen passengers, including the driver. The definition of a CVH shall remain consistent with the definition contained within the City of Key West Code of Ordinances, as amended. g) Delivery vehicle means a vehicle delivering goods or services to County personnel or tenants at the airport. h) Gross revenues mean the total charges for time, mileage and personal accident insurance, received or receivable, whether by cash or credit, before any federal, state or local tax and after any discount specifically shown on the car rental agreement for the rental of all motor vehicles by the operator to customers picked up at the airport for and in connection with the rental of a motor vehicle regardless of where the payment is made or where the vehicle is returned. i) License Holder shall mean the individual, partnership, LLC or corporation that holds an occupational license that is properly licensed by the State and County and the City of Key West if passengers and/or baggage are to be delivered within the city of Key West, for the provision of transportation services as a Charter Bus, Passenger Vehicle for Hire, Contract Vehicle for Hire, or Courtesy Vehicle. j) Motor vehicle or vehicle shall mean any and all motor driven vehicles. k) Operator means that person actually driving a bus, courtesy vehicle, vehicle for hire, contract vehicle for hire, or delivery vehicle conducting commercial business at the Airport. I) Passenger vehicle for hire shall mean a Taxi cab. m) Person shall mean any individual, partnership, LLC or corporation. n) Queuing area means that area of the Airport designated as the standing area for taxicabs. As set forth in Exhibit "A," the queuing area shall include both the area incorporating allotted spaces 1-11 and the area incorporating allotted spaces 12-17. 2 0) Permit decal shall mean a decal that is affixed to a License Holder's vehicle showing evidence that the License Holder is in compliance with all State, County and City of Key West (if applicable) regulations, and has paid the appropriate fees. p) Solicit or solicitation means to ask or advertise, through verbal request, by sign, or by mere physical presence, if a potential customer desires transportation. q) Standing (or stand) shall mean temporary parking during which the driver remains with the vehicle. r) The owner of a beneficial interest means an individual, corporation, LLC or partnership that does not have title to a vehicle but has a right or rights in the vehicle that are normally considered an incident of ownership. Section 3. Exhibits. Exhibit A is a map depicting the various parking and standing areas at the Airport. Exhibit B contains the insurance requirements for the types of vehicles operating at the Airport under the terms of this Resolution. Exhibits A and B are attached to this Resolution and made part of it. Section 4. Permitting: and fees. a) A License Holder wishing to obtain an Airport Vehicle Permit or permit renewal must complete an Airport Vehicle Permit application form for their appropriate service which provides evidence that the applicant is in compliance with State, County and City laws, ordinances and resolutions that apply to the applicant's operation; provide proof of the insurance for each vehicle required by this Resolution; and pay the fee described in the following subsections. However, no City permit or license is required for license holders who deliver passengers and/or baggage to destinations outside the City of Key West. The applicant must disclose on the application form the ownership of the vehicle for which the permit is sought. If the legal owner and the owner of a beneficial interest in the vehicle are different individuals, corporations, LLCs or partnerships, the applicant must list the legal owner(s) and the owner(s) of any beneficial interests. An owner that is a privately held corporation or LLC must list the officers and directors; an owner that is a partnership must list the general partner(s); an owner who is an individual must disclose his or her legal name; an applicant doing business as (d.b.a.) must disclose the entity that is using the d.b.a.name. b) Airport permits shall be issued on a month to month basis. However, permits may be issued on a one, two or three month basis, payable in advance, providing that all insurance requirements are in effect for the period of time involved. c) Courtesy vehicles (1) Courtesy vehicle operators who wish to stop, stand, park, load, or pick up passengers at the Airport must possess an Airport Courtesy Vehicle permit from the Airport Director for that privilege. (2) The courtesy vehicle permit fees are: 3 (i) Except for off-site rental car courtesy vehicles, $400.00 per month per vehicle due the first of each month. If the permit fee is not paid by the fifth day of each month or if the vehicle fails to comply with any other applicable requirement of this Resolution, then the offending vehicle shall not provide any service at the airport until the permit fee has been paid and, if applicable, any other violation of this Resolution has been corrected. (ii) Off-site rental car courtesy vehicles, any number, shall pay a vehicle permit fee based on a percentage of annual gross revenues at a rate of 8% for all rental contracts generated from customers picked up at the airport. (iii) The courtesy vehicle permit decal must be affixed to the vehicle in the right rear window. Expired permit decals wi\l be removed from the vehicle. d) Charter buses (1) Charter bus operators who wish to stop, stand, park, load, or pick up passengers at the Airport must possess an Airport Charter Bus permit from the Airport Director for that privilege. (2) The charter bus permit fees are $200.00 per vehicle per month due the first of each month. If the permit fee is not paid by the fifth day of each month or if the vehicle fails to comply with any other applicable requirement of this Resolution, then the offending vehicle shall not provide any service at the airport until the permit fee has been paid and, if applicable, any other violation of this resolution has been corrected. (3) The charter bus permit decal must be affixed to the vehicle in the right rear window. Expired permit decals will be removed from the vehicle. e) Passenger Vehicles For Hire and Contract Vehicles For Hire. (1) Passenger vehicle for hire and contract vehicle for hire operators who wish to stop, stand, park, load and pick up passengers at the Airport must possess an Airport Vehicle for Hire permit from the Airport Director. (2) Passenger vehicle for hire and contract vehicle for hire permit fees are $200.00 per vehicle per month due the first of each month. If the permit fee is not paid by the fifth day of each month or if the vehicle fails to comply with any other applicable requirement of this Resolution, then the offending vehicle shall not provide any service at the Airport until the permit fee has been paid and, if applicable, any other violation of this Resolution has been corrected. (3) The Passenger Vehicle for Hire permit decal or Contract Vehicle for Hire permit decal must be affixed to the vehicle in the right rear window. Expired permit decals will be removed from the vehicle. (f) Temporary permits may be issued on a daily basis at a cost of $10.00 per day per vehicle. An applicant for a temporary permit must flU out the appropriate permit form required by the Airport Director; which provides evidence that the applicant is in compliance with State, County and City laws, ordinances and resolutions that apply to the applicant's operation; provide 4 proof of the insurance required by this Resolution; and pay the fee described. A vehicle is only eligible for a temporary permit for eight days per calendar year. Any vehicle furnishing: Airport service in excess of eight days per calendar year must have a monthly permit as appropriate to the airport service provided by the vehicle. The vehicle will not be eligible for a temporary permit again until the beginning of the next calendar year. Section 5. Unpermitted operators. The operators of vehicles for hire, contract vehicles for hire, courtesy vehicles and chartered buses without an Airport permit may unload passengers at the Airport area designated for general unloading. Unpermitted operators are prohibited from loading, picking up, or soliciting passengers anywhere at the Airport. Section 6. Parking and standing of vehicles. a) General. Members of the public may load, pickup and unload passengers at the Airport only in areas reserved for general loading and unloading as shown on Exhibit A. Anyone may use the general loading and unloading area to unload passengers. b) Designated parking areas. (I) Exhibit" A" describes different areas on the Airport grounds for the parking and standing of vehicles. In addition to the public parking lot, there shaH be seven spaces allotted to the public; 16 spaces allotted to taxicabs (in two separate queuing areas); and nine spaces allotted to a combination of courtesy vehicles, CVH vehicles, limousines, and other vehicles with intermittent use of the Airport transportation system (e.g. sightseeing vehicles and trolleys). The Airport Director shall authorize an area for use by commercial delivery vehicles and Charter Buses. (2) A taxicab that is not a CVH, but whose driver has a manifest for a particular pickup may park or stand in the area aHotted to the public. A driver of a taxicab bearing a manifest shall be subject to the rules governing courtesy vehicle operators set forth in sections 7 b) and c). In such instance, a manifest may be in the form of a sign with the passenger's name on it. Section 7. Courtesy vehicle operations. a) Operators of courtesy vehicles shall use the parking areas designated for courtesy vehicles as shown on Exhibit "A". Except as provided herein, the use of the area reserved for courtesy vehicles by anyone other than a courtesy vehicle is prohibited. b) Operators of courtesy vehicles may enter the terminal arrival!! area to meet their passengers. These operators shaH display signs identifying themselves or identifying the passengers they are seeking. c) Operators of courtesy vehicles or their agents, employees, or accompanying personnel or other person, shall not solicit business in any manner whatsoever anywhere at the Airport and shaH not accept for transport any individual without a reservation or a reservation request at the hotel, motel, resort facility or car rental agency for which the courtesy vehicle provides 5 transportation. Upon request of the Airport Director, or his designee, the operator of a courtesy vehicle, or accompanying personnel, shall furnish the Director or his designee with the names of its customers as may be necessary to determine compliance with this subsection. d) Courtesy vehicles shall display the name of the hotel, motel, resort facility, marina, off-site rental company, or local attraction, and their logo. The display shall be permanently affixed to the vehicle in a professional business graphic design. Section 8. Charter Bus and deliverv vehicle operations. a) Only the operators of buses or delivery vehicles may stop, stand, park, load, unload or pick up passengers at the Airport areas reserved for buses or delivery vehicles. The use of the area reserved for buses or delivery vehicles by anyone other than bus or delivery vehicle operators is prohibited. b) Operators of Charter Buses or their agents, employees, accompanying personnel or other person shall not solicit business in any manner whatsoever anywhere at the Airport and shall not accept for transport any individual without a reservation. Upon request of the Airport Director, or his designee, the operator of a Charter Bus, or accompanying personnel, shall furnish the Director or designee with the names of its customers as may be necessary to determine compliance with this subsection. Section 9. Contract vehicles for hire. trolleys. sightseein~ vehicles and limousine operations. a) In waiting for, and in loading of passengers and luggage, contract vehicles for hire, trolleys, sightseeing vehicles and limousine operators shall use the courtesy vehicle area as specified in Section 7 above. b) Contract vehicles for hire, trolleys, sightseeing vehicles, and limousine operators and or their agents, employees, accompanying personnel or other person may enter the terminal arrivals area to meet their passengers. They shall display signs identifying themselves or identifying the passengers they are seeking. c) These operators shall not at any time solicit customers in the terminal area, shall not have a taximeter installed or engage in any transportation "on demand". Section 10. Taxicab operations. The following shall constitute the standards governing the conduct of operations for taxicabs operating at the Airport: a) The Airport Director shall establish a first-in, first-out system for taxicabs (passenger vehicles for hire). There shall be two waiting areas outside the arrivals terminal, together known as the Queuing Area, designated exclusively for taxicabs. The Queuing Area is specifically described in Exhibit "A." All drivers in line in Queuing Area spaces I through 11 (as shown on exhibit A) shall remain with their vehicles unless the driver is actively engaged in assisting a passenger. If a driver leaves his or her vehicle for any reason at the time a fare is available, then the driver forfeits his or her right to the fare. A driver in line in Queuing area spaces 12 through 17 may leave his or her vehicle only in order to use the bathroom or attend to an emergency. 6 b) When the first driver in line in the Queuing Area obtains a fare, the next drivers shall move up to the preceding spots. Jumping the waiting line or taking fares out of turn is not allowed. c) If a driver loads a fare and seeks additional fares, the driver must move to the last available space in the Queuing Area. d) A driver may not refuse a fare. Selective screening of potential passengers is not allowed. e) Taxicabs picking up lost baggage by previous arrangement with an airline may park in the area in Exhibit "A" allotted to the public. In this circumstance, no soliciting or acceptance of other fares is allowed. f) If a group request for transportation to the first driver in line exceeds the capability of that vehicle, the request shall be referred to the next driver in line that can accommodate the group. or the group may be broken into smaller groups with the permission of the passengers. g) There shall be no shouting to or soliciting of passengers inside the terminal buildings. h) No obscene language or rowdy or boisterous behavior by drivers shall be allowed. i) When unloading passengers, a driver shall park the vehicles at the curb. No double parking shall be allowed. j) No double parking is allowed for cabs waiting to move into a taxicab parking spot.- k) If a driver discovers or witnesses an alleged or suspected rule violation, he or she shall forward it to Airport Security in written form within 24 hours. I) While drivers are expected to make best efforts to police themselves, they are subject to the direction of anyon-site representative of the Monroe County Sheriff's Department. Section 11. Violations. a) All operators of vehicles engaged in commercial activity at the Airport shall comply with this Resolution. b) First offense for any violation of the Resolution by an operator shall result in a written warning to the operator. Said warning shall be in the form of a Monroe County Sheriffs Office field contact. A copy of the warning shall be forwarded to the License Holder of the vehicle and to the Airport Director for review and archiving. c) A driver who commits a second offense within a 12 month period shall result in the offending driver being banned from operating a courtesy vehicle, a passenger vehicle for hire, or a contract vehicle for hire on Airport property for a period of up to 14 consecutive calendar days. An operator so banned shall not be allowed to drop off passengers. The ban shall not apply to the 7 operator's use of the airport for the operator's personal travel. The Monroe County Sheriffs Office shall prepare a report which shall be provided to the Airport Director detailing the date, time and place of the offense as well as all previous offenses. The Airport Director shall issue written notification to the offending driver informing the driver that his privilege to operate at the Airport has been suspended and the effective dates of the suspension. A copy of the written notification shall be provided to the License Holder of the vehicle by certified mail at the address provided on the license application. d) A driver who commits 3 or more offenses within a 12 month period shall be subject to having his privileges to operate at the airport revoked immediately. The Airport Director shall issue a written notice to the offending driver informing the offending driver of the immediate revocation of operating privileges at the Airport. An operator so banned shall not be allowed to conduct commercial activity of any kind including pick up or drop off of passengers. The ban shall not apply to the operator's use of the airport for the operator's personal travel. The offending driver can petition, in the form of a letter, for reinstatement of his privileges to operate at the Airport upon the expiration of 90 calendar days from the effective date of revocation of operating privileges. A copy of the written notification shall be provided to the License Holder of the vehicle by certified mail at the address provided on the license application. e) The Airport Director may request the Monroe County Sheriffs Office issue a trespass warning to any driver whose privileges to operate at the Airport has been suspended. Any Driver who has been issued a trespass warning by the Monroe County Sheriffs Office and returns to the Airport property during the term of the suspension will be subject to arrest Under F.S. 810.09. f) A driver cited under subsection c) or d) above may appeal in writing to the Airport Director within 7 calendar days of the written notification of the penalty. The Airport Director or his designee shall hold a hearing on the appeal within 7 days (holidays and weekends excluded) ofreceipt of the appeal. Any penalty imposed pursuant to subsection c) or d) above shall remain in force during the pendency of the appeal. All appeals shall be informal in nature and strict rules of evidence shall not apply. Section 12. The Airport Director shall have the authority to make adjustments to the ground transportation system without obtaining an amendment to this Resolution. This authority is delegated in consideration of the harmonious operation of the Airport. The Airport Director shall consult with those entities that provide transportation services at the Airport before implementing changes to the plan. Any such changes shall be in writing and affixed to this Resolution in the files of the County Clerk. Section 13. Severability. If any section, subsection, sentence, clause, item, or provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity. Section 14. Inconsistency. All Resolutions or parts of a Resolution in conflict herewith are hereby repealed to the extent of such conflict. Section 15. Effective date. This Resolution will take effect after the promulgation required in Sec. 332.08 (2) (b), Fla. Stat. 8 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 16th day of April, 2008. Mayor McCoy Yes Mayor Pro Tem Di Gennaro Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 't- '. ~:t:li~~ L. KOLHAGE, CLERK Bd~::~~ Clerk By: L ..., :J: = r.q 0 = 0 CC> z :c.. ,- :;:r;J('"):7:':: :too '"1 -0 o.-::~ :::0 .~J n-, :......... .,..". N ., r;,/bb. ~ .' , . I - -0 :x .. , . W 0 "'1 :~n :D- o ..~_l ...., 9 . . . . ' ., •• . .. . . . • • . . • . . . . ., . . .INIMIIMM. .. CAB- ,PARKING(17 Spams) ExH,,,,BIT ,111.All • . COURTESY PARKING' (10,'Spaces) 1111111111111111 CURBSIDE PICKUP(7+) . ___ BUS&DELIVERY . . . . • lit! ---\ n •II ;I 1 ' 6--. .......1,1. , . EP . e3 • • . El IR q 0 I4 •!III 1 Mi . . ni 11-:. - . . .. ''.-• ,4 . ".,..gr.?A- ,liitm2,4M ri nAi1tK,:i1o..m,4„-Y,11,!.... L.,t.ai7r•-al..'. 11'. . . n•i,rn. . ,,,...•..., ....,.. ,_ •,itt.,..,.;„4.=., .....,•..., :r'. . a.-. . .-•.. ... , 0.._ • .,.....11.,1...,,„.,,•fta-.,.tii,i - _ — 1 0 Sl . on -- - - . 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EXHIBIT B INSURANCE REOUIREMENTS The insurance requirements for vehicles providing ground transportation at Key West International Airport shall be as set forth in this Exhibit. Applicants applying for a permit discussed in Section 4 of this Resolution must provide proof of insurance at least once every six (6) months or as requested by Airport Management. This proof of insurance should be in a form of a Certificate of Insurance issued by a licensed agent for the State of Florida. This certificate should be an original. In the description of operations section, it should clearly state that this is a public livery policy where the insured charges a fee. If the vehicle were a courtesy vehicle, this would not apply. Additionally, at least once per year, applicants will be required to execute the "Indemnification and Hold Harmless" form contained in this Exhibit. Insurance requirements for all vehicles providing service at the airport shall be as described in Exhibit B-l. 11 ~ . EXHIBIT B-1 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: * Owned, Non-Owned and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements Administration Instruction VL2 12 CLERK'S CERTIFICATE OF POSTING I DANNY L. KOLHAGE, Clerk of the Circuit Court in and for Momoe County, State of Florida, DO HEREBY CERTIFY that Resolution No. 109 -2008 amending Resolution No. J 57- 2000, which provided a ground transportation system for the Key West International Airport; amending Section 1, 2, 4, 6, 7, 8, 9, 10 and 11 to provide new regulations for the standing and parking of taxicabs, courtesy vehicles and other motor vehicles and to provide for penalties for violations of the regulations at the new Airport Terminal; adding a new Section 12 to provide for Airport Director authority to make adjustments to the ground transportation plan; providing for a revised map in Exhibit "A" which was passed and adopted by the Board of County Commissioners of Momoe County, Florida at a regular meeting held on April 16 2008. That on ~ Z/ , 2008, I did post a copy of said Resolution pursuant to Section 332.08 (2) (b), Florida Statute by posting for four (4) consecutive weeks a copy at the front door of the County Courthouse of Momoe County, at Key West, State of Florida, it being the place where Court is held in said County. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Court, this Z.J1If;ff!fi'l,f"~ ' A.D., 2008. /<.r:':::;:.:;-rr -"'~~',':', ,,' \ ,,~ r::.,.",. ".t( '_/i~. }oX'," ;,,\,\ " ,.','," \-.s '~F""'I" ': - ,:", "'t:'li:~ " ,. 'J:V ".~:.,iJ' iM.., . " ' ," \~f::':: 8',*~':'V,~':}: '"'\''' DANNY L. KOLHAGE Clerk of the Circuit Court ~VL Clerk 13