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Resolution 157-2000 County Administrator RESOLUTION NO. lr;7 - ?OOO A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ESTABLISHING A NEW GROUND TRANSPORT A TION RESOLUTION FOR KEY WEST INTERNATIONAL AIRPORT; REPEALING RESOLUTION NO. 405-1990 AND ASSOCIATED AMENDMENTS (THE EXISTING KEY WEST INTERNATIONAL AIRPORT GROUND TRANSPORTATION RESOLUTION); PROVIDING FOR DEFINITIONS; PROVIDING FOR THE REGULATION OF BUSES, COURTESY VEHICLES, AND MOTOR VEHICLES FOR HIRE; PROVIDING FOR PERMITS AND FEES; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS INCONSISTENT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT Section 1. Resolutions No. 405-1990, 257-1993, 260-1997 and 261-1997 are hereby repealed. s 0 <:) ..." :z :tOto <:) ~p~ ~ ~::::r;;-< -< n' r I On' Co.) c3j::::r;; ::z:: . c, :tilt b) Airport Director or Director means the County employee charged ~~ x managing the Airport or his designee. ;.,' E 'e 1# fT1 - , , CI\ 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. Section 2. Definitions. a) Airport means the Key West International Airport. 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 directly to the passenger and is owned or leased by the hotel, motel, resort facility, marina, off-site rental company or local attraction. 1 r- fTl o ." o :::::0 ::0 ,." C") C) ::0 o 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. g) Delivery vehicle means a vehicle delivering goods or services to County personnel or tenants at the airport. h) Drivers Box means that designated area outside the terminal where the first three drivers in line can wait for fares exiting the main terminal building. i) 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. j) License Holder shall mean the individual, partnership 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. k) Motor vehicle or vehicle shall mean any and all motor driven vehicles. 1) 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. m) Passenger vehicle for hire shall mean any motor vehicle that carries passengers for fare, and shall include taxis, limousines, trolleys and sightseeing vehicles. n) Person shall mean any individual, partnership or corporation. o) Queuing area means that area of the Airport designated as the staging area for taxicabs that are waiting to park in an available designated parking spot. p) 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. q) Solicit or solicitation means to ask or advertise, through verbal request, by sign, or by mere physical presence, if a potential customer desires transportation. r) The owner of a beneficial interest means an individual, corporation 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 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 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 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. 3 (2) The courtesy vehicle permit fees are: (i) Except for off-site rental car courtesy vehicles, $200.00 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 will 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 $100.00 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. 4 (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 fill 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 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 of vehicles. a) General. Members of the public may only load, pickup and unload passengers at the Airport 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. (1) The designated parking areas for buses and courtesy vehicles are Displayed on the map attached as Exhibit "A" which is incorporated and made part of this Resolution. (2) As displayed in Exhibit "A", there shall be eight spaces allocated for taxicabs waiting to pick up passengers in the area immediately in front of the terminal building. The spaces shall be allocated among the various taxicab operators as follows: 2 spaces—Five 6's Cab Co.; 2 spaces—Maxi-Taxi Cab Co.; 2 spaces—Friendly Cab Co.; 2 spaces— independent cab operators. Other taxicabs, duly permitted under this Resolution, waiting for space in any of the above areas shall park in the queuing area designated in Exhibit "A". (3) Oversize vehicles, contract vehicles for hire, trolleys, sightseeing vehicles and limousines shall park in the area designated for oversize parking. 5 Section 7. Courtesy vehicle operations. a) In waiting for passengers and luggage, courtesy vehicles shall only use the parking areas designated for courtesy vehicles as shown on Exhibit "A". The use of the area reserved for couresty vehicles by anyone other than a courtesy vehicle is prohibited. b) Operators of courtesy vehicles shall not enter the terminal arrival area to meet their passengers. These operators shall position themselves outside the terminal near the arrival doors and may display signs identifying themselves or identifying the passengers they are seeking. Once the passengers have been identified, the driver may enter the terminal to assist in baggage handling. The operator may then stage his customers and their possessions at the curb and move his/her vehicle to the curb for pick up. c) After the operator has staged his customers, he/she may move the courtesy vehicle to the general loading/unloading area(if a curb spot is available) for loading. d) 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 shall 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 transportation. Upon request of the Airport Director, or his designee, the operator of a courtesy vehicle, or accompanying personnel, shall furnish the Director or designee with the names of their customers as may be necessary to determine compliance with this subsection. e) Courtesy vehicles, except for a temporary Courtesy Vehicle as defined in Section 2.d), shall display the name of the hotel, motel, resort facility, marine, off-site rental company, or local attraction, and their logo. The display shall be affixed to the vehicle in a professional business graphic design. Section 8. Charter Bus and delivery 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 as shown on Exhibit "A". 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 their customers as may be necessary to determine compliance with this subsection. 6 Section 9. Contract vehicles for hire, trolleys, sightseeing 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 area designated for their use as specified in Section 6 above and shall not utilize areas designated for the loading of passengers by others or areas where stopping, parking or standing is prohibited. b) Contract vehicles for hire, trolleys, sightseeing vehicles, and limousine operators and or their agents, employees, accompanying personnel or other person shall not enter the terminal arrival area to meet their passengers. They shall position themselves outside the terminal near the arrival doors and may display signs identifying themselves or identifying the passengers they are seeking. Once the passengers have been identified, the driver may enter the terminal to assist in baggage handling. The operator may then stage his customers and their possessions at the curb and move his/her vehicle to the curb for pick up. c) These operators shall not at any time solicit customers in the terminal area, shall not have a taximeter installed or do 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) A driver's "waiting box" shall be established outside the baggage claim door (location shall be as designated by the Airport Director). No driver or their agents, employees, accompanying personnel, or other person, may solicit fares unless he/she is the first in line in the driver's box. There shall be a maximum of three drivers in the box at any one time. Other drivers may wait in turn on the bench or other area as prescribed by the Airport Director. b) When the first driver in the box gets a fare, the next driver in the box moves up to the first spot. 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 leave the waiting line and move his/her taxi back to the queuing area at the end of the line if there are vehicles waiting in line in the queuing area. d) A driver may not refuse a fare if he/she is first in line. Selective screening of potential passengers is not allowed. 7 e) Taxicabs picking up lost baggage by previous arrangement with an airline may park in the general loading/unloading area. In this circumstance, no soliciting or acceptance of other fares is allowed. f) If a group request for transportation to the first driver in the box 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 will be no shouting or soliciting to passengers inside the terminal buildings. h) No obscene language or rowdy or boisterous behavior will be allowed. i) When unloading passengers, 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 cab parking spot. Cabs must wait in the queuing area until a spot opens up. k) The first driver in the queuing area are allowed to collect fares from Cape Air and the Greyhound bus station. If a passenger leaves the Cape Air/Greyhound area and proceeds to the terminal seeking a taxi, the first driver in the box will be eligible to take that fare. 1) No driver is allowed to debate in public any alleged or suspected rule violation. Alleged violations must be forwarded to Airport Security in written form within 24 hours. 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. c) As authorized by Sec. 332.08, Fla. Stat., subsequent violations of this Resolution by a previously warned operator shall result in a Notice To Appear to the operator and the offense shall be prosecuted as a misdemeanor of the second degree, punishable as provided in Secs. 775.082 or 775.03, Fla. Stat. d) The License Holder of any vehicle engaged in commercial activity at the Airport shall be notified if any operator of the License Holder's vehicles commits a violation of this Resolution. 8 Section 12. 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 13. Inconsistency. All Resolutions or parts of a Resolution in conflict herewith are hereby repealed to the extent of such conflict. Section 14. Effective date. This Resolution will take effect after the promulgation required in Sec. 332.08 (2) (b), Fla. Stat. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 19th day of Ap r i 1 , 2000. Mayor Freeman yes Mayor Pro Tem Neugent yes Commissioner Harvey yes Commissioner Reich ye s Commissioner Williams yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA " ATT `;T: DANNY L. OLHAGE CLERK y h '►eputy erk Mayor/Ch man APPROVED AS TO FORM AND GA pFF 8 R BERT N. FE DATE 9 \ I Fr F~ ~~ ;0 ^ z C) --I M ~ t:r:: ti3 ~ I-j > (" ~ -- ~ .~ ------- ------- () )> Vl I (Tl ;0 ~ ~ () "l -I <. JT1 :0 'J> ~ r r 0 -l }> 0 z -I, Jil . C r: r -l '0 }> 0 ~ z If () CO s: () Vl 0 Irl () r <Y <Y <Y <Y Vl :x: Q<" 0 ~ Q<" -I r I Q<" 0 ~ Z M C) ;0 0.- r :::: -{ ,-... (Tl ;0 :::: :::: ~ "'0 M ;0 )>- (Tl ;0 0 ^ '-" Z "'0 C) )>- ;0 ~ z C) It r !~ ~*. z C) =F ~ _ 0, r---------- '~ '. J , I I I , , I , : \\ { . . ,\ \.- \. \: II " " " " " " " " " " " " " " I' I' I' I ;;' < /~;?ID\(;"" -f l> 'X /1 I I I I I I I I I I I / I / '~' "0<0 '}-. f"1" ':uI...... S:Soo Z,}; .;....,....-ii;;.f~.~ ,..:.. ,....,.:r:.Ll < }; _ . ~.~f;:.~':.~;i. ~ '::~ i j ~~-':::";:"~ .? ,,-1, J ,. :i~~l '~"~l~r :k~ -'.,.,..1 f. "'~,J'~' :~~tt.~i~~ {I#.~ht# . :,>s.~.~,~::.:.,.~",t>.! ".~'''':l' I ~~i , , , I I litl] I..,~. S;''7. .I i!its;~W.~Jl i;;~~~L u ill -< ~ ~ t:O ~ d en /I ;: ~ 1/ to ~ d 1000( en ~ ~ ~ ~ 4) 4) > > ~ ~ > > 8 ~ ~ <) M ~ 1/ /I (') 0 t;:; ~ M t"'" I-j )-( ~ M en ~ K: ~ ~ ~ t:r:: ~ (') ~ t"'" P M M ~ ~ > ~ ~ 4) 4) > > ~ ~ > > INSURANCE REQUIREMENTS 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-1. EXHIBIT B 11 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 po lides issued to satisfy the above requirements Administration Instruction #4709.3 VL2 EXHIBIT B-l-a 12 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Organizations/Individuals Leasing County-Owned Property The Organization/Individual covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owner by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Organization/Individual utilizing the property governed by this lease/rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Signature Date Administration Instruction #4709.3 PROP EXHIBIT B-l-b 13 1Bannp lL. kolbagt BRANCH OFFICE 3117 OVERSEAS lllGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS lllGHWA Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 CLERK'S CERTIFICATE OF POSTING I DANNY L. KOLHAGE, Clerk of the Circuit Court in and for Monroe County, State of Florida, DO HEREBY CERTIFY that Resolution No. 157-2000 establishing a new ground transportation Resolution for Key West International Airport; repealing Resolution No. 405-1990 and associated amendments (the existing Key West International Airport Ground Transportation Resolution); providing for definitions; providing for the regulation of buses, courtesy vehicles, and motor vehicles for hire; providing for permits and fees; providing for penalties for violations of this Resolution was passed and adopted by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on April 19, 2000. That on May 3, 2000, 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 Monroe 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 9-11, day of Jf.I.,n~ A.D. 2000. DANNY L. KOLHAGE Clerk of the Circuit Court Monroe County, Florida By~a-Ad(J. ~ Deputy Clerk