Resolution 480-1989
Peter Horton, A.C.A.
Division of Community Services
RESOLUTION NO. 480 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A
COMMERCIAL GROUND TRANSPORTATION AGREEMENT
BETWEEN THE COUNTY AND ED COX D/B/A AIRPORT
LIMOUSINE SERVICE CONCERNING LIMOUSINE SERVICE AT
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 and Ed Cox d/b/a Airport Limousine
Service, a copy of same being attached hereto and made a part
hereof, concerning limousine service at the Key West Interna-
tional Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the .5/tJ.- day of AJ"$ t;- , A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY, A'!I~A
(Seal)
Attest: DANNX 1.. KOLHAGE, CIerlt
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COMMERCIAL GROUND TRANSPORTATION
A G R E E MEN T
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 Ed
Cox
d/h/a
AIRPORT LINOUSINE
SERVICE,
hereinafter
called
"Con:pany";
WIT N E SSE T H:
~~EREAS, the County does own and operate the Key West Inter-
national Airport, hereinafter called "Airport"; and
v-.1:EREAS, the Company does own and operate a limousine
service company in Key West, Monroe County, Flori.da; and
w'HEREAS, the Company desires to operate out of said Airport
on a non-exclusive basis;
NOW, THEREFORE, for and in consideration of the mutual
cO\lenants 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 limousine service from the Airport from the 9th day of
August ,_J_9_8.2, until midnight on the 8th day of November ,,_JJ~8~.
The Company shall have the option to renew this agreement, upon
thE' t ('yn's cHid concH tions contained herein, for a period of one
(1) yeBr. This right to renew shall be subject to the consent of
the County, but the County nlay not withhold such consent without
good cause. The Company may exercise this option to renew only
if the ConpaDY gives written notice to the County of the
Compar-yls intent to exercise this option prior to the expiration
of tlw i rd ti a I term of this agreement. If the Company does not
give the County written notice of the Company's intent to
exercise this option to renew prior to the expiration of the
initial tern! of this agreement, then this agreement shall lapse
and expire upon the conclusion of the initial term.
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As consideration for the franchi se 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 bcsE,d upon the number of vehicles which
the Company is authorized, by the County, to operate at the
Ai rpclrt ch.1l ing, the month for which the fee is charged. Prior to
operating E1ny specific motor vehicle for hire at the Airport
pursuant to this agreement, the Company will obtain the approval,
by the CC1tlTity, for such operation of the vehicle. The County
v,'il I not unreasonably wi thhold or refuse the approval of any
vehicle for operation at tbe Airport by the Company, and the
approval of a vehicle by the County shall be i.ndicated by a
windshield 8ticker, or other means, which shall include the
license tag, number of the vehicle. The monthly fee to be paid by
the CC1Dlpar1Y 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
vehj cJ f'B are approved fOl operation during that month. The
amount of the montbly fee shall be determined by the number of
VE'hic1 es approved for use, regardless of whether any or all of
the approved vehicles are actually used and operated at the
Airport, Clnd regardless of the number of vehicles actually used
ar:d operated at the Airport at any or!E' time. In addition to the
Ironthly paYD1el1t due pursuant to this paragraph, the Company shall
pay to the County, as a security deposit, the amount of five
hundre(~ dollars ($500.00), which shall be due and payable upon
execution of this agreement, and which shall be held, by the
County, in escrow, to cover any monthly payment not made by the
Ccrepany, and to be 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,
fCll'PS 8h8 I I be prominently di splayed in full view of the public
on si gr1ag,e at the Airport Terminal Building. The Airport Manager
shc:lll enstlre equality of size and location of signage between
ccrrpeting cOD,p8nies.
4. The Company shall be on 24-hour call to provide service
to custclllIel"S at the Airport and shall have enough vehicles to
service the Airport vlhen on call.
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5. In the event service to the Airport is discontinued for
n period of seven (7) consecutive days, or for a total of fifteen
(15) days out of anyone (1) calendar month, this agreement shall
be invDlidated, thus constituting a default.
6. The Company's limousine service shall be operated in
strict con:plicmce with the laws of the State of Florida, the
orclinances of the City of Key West, Florida, and the ordinances,
regulations ~nd rules of the County of Monroe, Florida, and the
Company shall pay for all licenses and permits necessary for the
opercHioTl of saio lin~ousine service and shall pay all fees, taxes
and charges assessed under Federal, State, or local statutes or
ordinances, insofnr as they are applicable.
7. Any loss from the operation of the limousine service
sba J 1 lle borne by the Company.
8. The Company agrees to indenmify fully and hold harmless
the County, its offj cers, agents and ('mployees from and against
any loss of ccm:ages, clclims, liabilities and causes of action of
every kind, cb8rc1cter 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
c18mEges 01 injuries to third persons or their property to the
e:xtE'Iit they are caused by the negligence of the Company, its
offi celS, ag.erlts or employees. The County shall give the Company
prompt ar:d reasonabl e rloticE' of aIlY stlch claims or actions and
the Corrpany shall have the right to irlvestigate, compromise and
defer:(~ tbE' smnf~ to thE' exU'nt of its OWIl interest.
9. The Company agrees to carry and keep iIl force adequate
\<Jorkmen's Ccrr.pensation Insurance,
if required by law and
AutoITobi1e Liability Insurance with minimum limits of $300,000,
cOTI:bined single limit for Property Damage and Personal Injury.
TIlE' County 5ba11 be named co-insured as owner/operator of the
Ai rport in all such pol icies aIld the Company sha 11 furnish the
County with proper certification that such insurance is in force
cr:d vii 11 fvrni sit adc1i ti orlB1 certificates of changes of such
ill surance.
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10. The privileges contained herein are personal, and the
Con,pan)' [lglees that it CclIlnot assigri 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 san:e 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) nen-payment by the Company of the whole or any part of
the amounts agreE-d upon at the time such payments become due;
(b) the filing of a voluntar'y petition for bankruptcy by the
Company;
(c) the making of any general assignment for the benefit of
creditors against the Company;
(d) the occurrence of any act which operates to deprive the
ConTan)' 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 limousine 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
aEd performed,
The Company hereby waives any notice of such election,
noti ce to qui t possession of the premises, or any demand for
p[lyn,ent of the EtTIiounts agreed upon as the same become due or for
the perforrrrcmce of any covenants herein or any demand for the
pas Sf~SS ion of sa id premi ses; provided, however, that the failure
of the C01.1nty to declare this agreement terminated upon default
of the Con'pany of any of the reasons set out above shall not
operate to bar, abridge, or destroy the right of the County to
c1ec 1arE- thi s agreement nu 11 and void and at an end upon any
subsequent violation of the terms of this agreement by the
Company.
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13. It is mutually understood and agreed between the parties
that the driver of any vehicle operating under this agreement
shall be appropri ately uniformed, subj ect to approval by the
Ajrport Manager.
IN WITNESS WHEREOF, the parties hereto have caused this
c.greement to be executed as of the day and year first written
abOVE.
COUNTY OF MONROE
BY:
Mayor/Chairman of the Boara
of Countv Commissioners of
Monroe C~unty, Florida
(SEAL)
Atter:t:
-CTerk- - - - . - . - ~- - - -
AIRPORT LIMOUSINE SERVICE
BY:
- - - - - - E(f--C-ox, Owner
. - . - - - - . . - WT61e s s
_ .. ~ .. .. .. _ 4.._ .. .~__._.._._ ..-... _ _ _..._.__,_~.__.____
W~tness
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BY
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