Resolution 157-2000
County Administrator
RESOLUTION NO.
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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repealed.
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b) Airport Director or Director means the County employee charged ~~ x
managing the Airport or his designee. ;.,' E 'e
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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.
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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.
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(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.
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(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.
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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.
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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.
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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.
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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
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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
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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