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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 --/21." ~M~ JJ.....'tIDAI 7'O'ORM AND LEGAL StdFICIEfIi(\' 6Y k.~~_ 'AltotMy i;:;' , ,~r. ',1 I 7 DB. U'J. iI C \..... Ur\Ji' 'y,,) --1' 'u".1 OJ1U G\),J-lw ~ ..J 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. I) ~ . 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. 2 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. 3 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. 4 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 ~H .~--Al701D1W AND LEGAl.. MMICfEI'fC"f. 1tf~~U !lf~ AttOlntt . CMIN -::::;:1 BY 5