Ground Transportation Permit Application

This Ground Transportation Operating Agreement is made and entered into between the Galveston Wharves, Port of Galveston(hereinafter called the “Port”) and the Ground Transportation Operator identified below (hereinafter called “operator”)
WHEREAS, the Port owns and operates the Passenger Cruise Terminals (hereinafter “the Cruise Terminals”), located in the City of Galveston, in Galveston County, State of Texas; and
WHEREAS, Operator desires to operate or facilitate ground transportation services from the Port, and the Port is prepared to allow Operator to do so on the terms set forth in this Operating Agreement; and

WHEREAS, both the Port and the Operator acknowledge that during the term of this Agreement there will be significant operational and construction activity at the Port, which may require alteration or relocation of the facilities, roadways, driveways, and parking areas affecting the Operator;

NOW, THEREFORE, in consideration of their mutual promises set out herein, Port and Operator hereby agree that the Operator’s activities at the Port shall be governed by the following terms and conditions:

1. The port hereby permits Operator to operate, or to facilitate the operation of, one or more vehicles to pick-up and deliver passengers at the Port as more particularly set forth in this Operating Agreement. To the extent required by the Terms and Conditions of this Operating Agreement or the Operating Instructions, Operator shall obtain individual permits for each vehicle Operator under this Agreement, unless otherwise specified by the separate agreement or contract.

2. Operator and Operator’s operations must, at all times, be in compliance with State Texas, Galveston County, City of Galveston, Galveston Wharves, and all federal laws and regulations, as applicable.

3. Operator shall comply with the Terms and Conditions of this Operating Agreement and the Operating Instruction applicable to the Operator and it’s particular class of service. The Terms and Conditions and current operating Conditions are attached hereto and incorporated herein. Together with this Operating Agreement, the Terms and Conditions and Operating Instructions are called the “Agreement.”

4. Operator shall also comply with the Port tariffs, rules, regulations, and procedures (including but not limited to the Port’s Ground Transportation Manual) and the directives pertaining to the operation of vehicles at the Port as stated herein and in the current Port tariffs as cited: “The use of the facilities under the jurisdiction of the Galveston Wharves shall constitute a consent to the terms and conditions of this Tariff and evidences an agreement on the part of all vessels, and their owners, agents, and other “users” of such facilities to pay all charges specified in this Tariff, to be governed by all rules and regulations herein contained, to abide by local rules and regulations as set forth by the Board of Trustees of the Galveston Wharves, and to be responsible for the disciplining of any infractions of thereof by such person and/or such firms and their employees, and all claims, damages et cetera.” The Operator may obtain copies of the current Operating Instructions, tariffs, rules and regulations, and procedures and directives from the Ground Transportation division of the office of Mobility located at 123 25th St, 8th Floor, or at www.portofgalveston.com .

5. To the extent that the Operator is subject to a per-trip fee under the Ground Transportation Manual and the number of trips is measured by the Port’s AVI system, the Operator will be invoiced by the 5th of each month, according to the number of trips for the previous month, as generated from the AVI system. If the Operator is subject to a per-trip fee under the then-current tariff and is required to report the number of its trips, the Operator shall provide any required report identifying the number of trips for the previous month no later than the day of each month. Any billing disputed by the Operator will be submitted, in writing, including all documentation to the Mobility Director or his/her designee for review and response.

6. For those Operators that self-report the number of monthly trips, the Port will not invoice the Operator; instead, the Operator shall remit the payment required under the then current contract or agreement with the report of its prior month’s trips. Any other payments/monies owed by the Operator pursuant to the Agreement shall be paid to the Port within the time specified.

7. Violation of any of the above my result in monetary fines and/or suspension and/or revocation of this Agreement and any and all permits.