Resolution 048-1990
--
Peter Horton, A.C.A.
Division of Community Services
RESOLUTION NO. 048 -1990
A RESOLUTION OF THE BOARD OF COUNTY COmlIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/ CHAIRMAN OF THE BOARD TO EXECUTE A
COMMERCIAL GROUND TRANSPORTATION AGREEMENT
BETWEEN THE COUNTY OF MONROE AND FRIENDLY CABS OF
KEY WEST, INC. d/b / a COUNTY CAB COMPANY
CONCERNING THE OPERATION OF A TAXI CAB SERVICE
FROM THE KEY WEST INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a Commercial Ground Transportation
Agreement between the County of Monroe and Friendly Cabs of Key
West, Inc. d/b/a County Cab Company, a copy of same being
attached hereto and made a part hereof, concerning the operation
of a taxi cab service from the Key West International Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the J#'h day of ~Jtu. r~ ' A. D. 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
d;o~
BY:
(Seal)
Attest: .p~!iY ~ l.(OLHAGE, ~lerk
...c;).L~~~~
APPROVEO AS to ,::OIW;
AND LEG,1L SUfFlC 'NC}~
BY
nr
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JOJ 03lIJ
,
.
COMMERCIAL GROUND TRANSPORTATION AGREEMENT
THIS AGREEMENT, entered into this day of
1989, by and between the COUNTY OF MONROE, a political subdivi-
sion of the State of Florida, hereinafter called "County" and
Friendly Cabs of Key West, Inc. d/b/a County Cab Company,
hereinafter called "Company";
WIT N E SSE T H:
WHEREAS, the County does own and operate the Key West Inter-
national Airport, hereinafter called "Airport"; and
WHEREAS, the Company does own and operate a taxi cab service
company in Key West, Monroe County, Florida; and
WHEREAS, the Company desires to operate out of said Airport
on a non-exclusive basis;
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements set forth in this document, the parties
do agree with each other as follows:
1. The County does hereby grant to the Company the right to
operate a taxi cab service from the Airport from the day
of 1990, until 30th day of June, 1990. If a
Ground Transportation Resolution is passed by the Monroe County
Board of County Commissioners before the expiration of this
agreement, the Company will be subject to all requirements of
such resolution.
2. As consideration for the franchise created under this
agreement, the Company shall pay a fee to the County on the first
day of each calendar month during which this agreement is in
force. The fee shall be based upon the number of vehicles which
the Company is authorized, by the County, to operate at the
Airport during the month for which the fee is charged. Prior to
operating any specific motor vehicle for hire at the Airport
pursuant to this agreement, the Company will obtain the approval,
by the County, for such operation of the vehicle. The County
will not unreasonably withhold or refuse the approval of any
vehicle for operation at the Airport by the Company, and the
approval of a vehicle by the County shall be indicated by a
-.
windshield sticker, or other means, which shall include the
license tag number of the vehicle. The monthly fee to be paid by
- the Company to the County shall be two hundred fifty dollars
($250.00) if only one vehicle is approved for operation during
that month, and five hundred dollars ($500.00) if two or more
vehicles are approved for operation during that month. The
amount of the monthly fee shall be determined by the number of
vehicles approved for use, regardless of whether any or all of
the approved vehicles are actually used and operated at the
Airport, and regardless of the number of v~hicles actually used
and operated at the Airport at allY one time. In addition to the
monthly payment due pursuant to this paragraph, the Company shall
pay to the County, as a security deposit, the amount of five
hundred dollars ($500.00), which shall be due and payable upon
execution of this agreement, and which shall be held, by the
COUIlty, in escrow, to cover any monthly payment not made by the
Company, and to he returned to the Company at the termination of
this agreement (if all monthly payments have been made).
3. The County will not fix the price of fares; however,
fares shall be prominently displayed on or inside of the vehicle.
4. The Company shall be on 24-hour call to pIovide service
to cU8tomers at the Airport and shall have enough vehicles to
service the Airport when on call.
5. In the event service to the Airport is disco~tinued for
a period of seven (7) consecutive days, or for a totel of fifteen
(15) days out of anyone (1) calendar month, this agreement shall
be invalidated, thus constituting a defClult.
6. The Company's taxi cab service shall be operated in
strict compliance with the laws of the State of Florida, and the
ordinances, regulations and rules of the County of Monroe,
Florida, and the Company shall pay for all licenses and permits
necessary for the operation of said taxi cab service and shall
pay all fees, taxes and charges assessed under Federal, State, or
County statutes or ordinances, insofar as they are applicable.
7. Any loss from the operation of the taxi cab service
shall be borne by the Company.
/.
8. The Company agrees to indemnify fully and hold harmless
the County, its officers, agents and employees from and against
any loss of damages, claims, liabilities and causes of action of
every kind, character and nature, as well as costs and fees,
including reasonable attorneys' fees connected therewith, and the
expense of any investigation thereof based upon or arising out of
damages or inj uries to third persons or their property to the
extent they are caused by the negligence of the Company, its
officers, agents or employees. The County shall give the Company
prompt and reasonable notice of any such claims or actions and
the Company shall have the right to investigate, compromise and
defend the same to the extent of its own interest.
9. The Company agrees to carry and keep in force adequate
Workmen's Compensation Insurance, if required by law and
Automobile Liability Insurance with minimum limits of $300,000,
combined single limit for Property Damage and Personal Injury.
The County shall be named co-insured as owner/operator of the
Airport in all such policies and the Company shall furnish the
County with proper certification that such insurance is in force
and will furnish additional certificates of changes of such
insurance.
10. The privileges contained herein are personal, and the
Company agrees that it cannot assign or sublet the same without
the express written consent of the County.
11. In the event the Company fails to pay any sum required
by this agreement, within ten (10) days from the date the same is
due, the same may be a breach of this agreement and the County
may, at its option, cancel this agreement.
12. The County may, at its election, cancel this agreement
upon the occurrence of any of the following events:
(a) non-payment by the Company of the whole or any part of
the amounts agreed upon at the time such payments become due;
(b) the filing of a voluntary petition for bankruptcy by the
Company;
(c) the making of any general assignment for the benefit of
creditors against the Company;
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(d) the occurrence of any act which operates to deprive the
Company permanently of the rights, powers and privileges
necessary for the proper conduct and operation of the franchise
granted herein;
(e) the abandonment and discontinuance of the operation of
the taxi cab service by the Company; or
(f) upon the non-performance by said Company of any of the
covenants hereinbefore or hereinafter mentioned by it to be kept
and performed,
The Company hereby waives any notice of such election,
notice to quit possession of the premises, or any demand for
payment of the amounts agreed upon as the same become due or for
the performance of any covenants herein or any demand for the
possession of said premises; provided, however, that the failure
of the County to declare this agreement terminated upon default
of the Company of any of the reasons set out above shall not
operate to bar, abridge, or destroy the right of the County to
declare this agreement null and void and at an end upon any
subsequent violation of the terms of this agreement by the
Company.
13. It is mutually understood and agreed between the parties
that the driver of any vehicle operating under this agreement
shall be appropriately uniformed, subject to approval by the
Airport Manager.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first written
above.
COUNTY OF MONROE
(SEAL)
Attest:
By:
Mayor/Chairman ot the Board
of County Commissioners of
Monroe County, Florida
By:
Clerk
FRIENDLY CABS OF KEY WEST, INC.
d/b/a COUNTY CAB COMPANY
(SEAL)
Attest:
II fJI'L ILI) F-(.'/L
By:
.-
f' ,. .F /e'/.
,_ l. ( ~ c. c; .. /
President
DA~a...o.?,v J... G,.... TI&1^'"
By:
i) (~~
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Secretary
: - '.,~<;-)AS ,.O~
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..:.t!J/'n<t(. OII/cts
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