Class action lawsuit against Palm Beach County claiming Uber received special treatment

I-]NITED STATES DISTRICT COURTSOUTHERN DISTzuCT OF FLORIDA

(Palm Beach Division)

CASE NO:

CLASS ACTION

VTS TRANSPORTATION, INC., AFlorida corporation, dlbl aNORTH COI-INTYTRANSPORTATION, GASOLINERA, INC., AFlorida corporation d/b/a APOLLOTRANSPORTATION SERVICES,BOYCE TRANS,,INC., a Florida corporationdlbla AIA AIRPORT and LIMOUSINE SERVICE,ALL TRANSIT SOLUTIONS, LLC, a Floridalimited liability company, dlb I a METRO PREMIERCAR SERVICE and PRESTIGE LIMOUSINES, INC.,a Florida corporation,

Plaintiffs,

vs.

PALM BEACH COUNTY, a political subdivisionof the State of Florida,

Defendant.I

CLASS ACTION COMPLAINT

Plaintiffs,'VTS TRANSPORTATION, INC., a Florida corporation d/b/a NORTH

COUNTY TRANSPORTATION, GASOLINERA, INC., a Florida corporation d/b/a APOLLO

TRANSPORTATION SERVICES, INC., BOYCE TRANS, INC., a Florida corporation d/b/a

AIA AIRPORT and LIMOUSINE SERVICE, ALL TRANSIT SOLUTIONS, LLC, a Florida

limited liability company, dlbla METRO PREMIER CAR SERVICE and PRESTIGE

LIMOUSINES, INC., a Florida corporation, individually and on behalf of all others similarly

situated (collectively referred to herein as "Plaintif"), by their undersigned attomeys, hereby file

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 1 of 53

suit against Defendant, PALM BEACH COLINTY, a political subdivision of the State of Florida,

and allege:

TNTRODUCTION

1. Plaintiffs bring this Class Action Complaint challenging the unlawful and disparatetreatment given by Palm Beach County to Rasier, LLC, a Delaware Limited Liability Company

and subsidiary of Uber Technologies, Inc. (refened to herein as "Rasier"), relieving Rasier of the

obligation to comply with various Palm Beach County ordinances relating to performing vehicle

for hire ("VFH") services within Palm Beach County. Chapter 19, Article IX of the Palm BeachCounty Code and Ordinances sets forth various requirements with which all vehicles for hire must

comply in order to provide VFH services within Palm Beach County.

2. On or about March g,2015,in exchange for the payment of $15,000 from or onbehalf of Rasier, Palm Beach County entered in to a Temporary Operating Agreement (the "TOA")

with Rasier underthe terms of which Rasier was relieved of various requirements of Article IX of

the Palm Beach County Code of entities providing VFH services within Palm Beach County.

Under the terms of the TOA, Rasier was given this special and disparate treatment until September

30,2015, with the parties reserving the right to extend that deadline. Other companies providing

VFH services, including Plaintiffs, wre and are still required to comply with all Palm Beach

County ordinances relating to the provision of VFH services within Palm Beach County.

3. Plaintiffs bring this class action on behalf of themselves and other similarly situatedentities that provide VFH services within Palm Beach County that are still required to comply with

.,

all Palm Beach County ordinances relating to the provision of VFH services.


il. PART,IES, JURISDICTION, AND VENUE4. Plaintiff VTS TRANSPORTATION, INC., is a Florida corporation with its

principal place of business in Palm Beach County, Florida and conducts business in Palm Beach

County, Florida under the fictitious name NORTH COLINTY TRANSPORTATION. VTS is

otherwise suijuris.l5. Plantift GASOLINERA, INC., is a Florida corporation with its principal place of

business in Palm Beach County, Florida and conducts business in Palm Beach County, Florida

under the fictitious name APOLLO TRANSPORTATION SERVICES. GASOLINERA is

otherwise sui juris.6. Plaintiff, BOYCE TRANS, fNC., is a Florida corporation with its principal place

of business in Palm Beach County, Florida and conducts business in Palm Beach County, Florida

under the fictitious name AlA AIRPORT and LIMOUSINE SERVICE. BOYCE is otherwise szi

juris.7. Plaintiff, ALL TRANSIT SOLUTIONS, LLC, is a Florida limited liability

company with its principal place of business in Palm Beach County, Florida and conducts business

in Palm Beach County, Florida under the fictitious name METRO PREMIER CAR SERVICE andl

is otherwise sui juris.8. Plaintifl PRESTIGE LIMOUSINES, INC., is a Florida corporation with its

principal place of business in Palm Beach County, Florida and is otherwise sui juris.g. Defendant, PALM BEACH COUNTY ("PBC"), is a political subdivision of the

State of Florida.

10. This Court has jurisdiction over this matter pursuant to the Class Action FairnessAct (CAFA), 28 U.S.C. 1332(d)(2).


11. Venue is proper in the Southern District of Florida, Palm Beach County, pursuantto 18 U.S.C.l3gl,because a substantialpartor all of the events giving rise to the claims accrued

in Palm Beach County.

ilI. GENERAL ALLEGATIONSA. PALM BEACH COT]NTY ORDINANCES RELATING TO VT'H SERVICES

12. Chapter 19, Article IX of the Palm Beach County Code (the "Code"), known as the'oPalm Beach County Vehicle for Hire Ordinance", sets forth many conditions, restrictions and

regulations with which all companies providing VFH services in Palm Beach County must comply.

The conditions, restrictions and regulations require companies providing VFH services to, without

limitation: a) obtain a county VFH permit, vehicle decals and driver ID badges; b) obtain abusiness permit; c) maintain specific records; d) compty with vehicle safety and appearancerequirements; e) maintain commercial automobile liability insurance of a particular type and kind;

and conduct specific levels of background checks on drivers. Ordinance No. 08-043, Article

IX, Palm Beach County Code.

13. The Code provides for civil penalties, misdemeanor criminal penalties and denial,I

suspension or revocation of appropriate permits, associated with noncompliance with the Code.

Section 19-231of the Code.

B. UBER COMES TO TOWN AND BUYS SPECIAL TREATMENT F'ROMPALM BEACH COT]NTY

14. Rasier is a subsidiary of tlber Technologies, Inc. (o'Uber"), whose address is in SanFrancisco, California. Rasier is the name under which Uber operates in the State of Florida. Uber

is a large vehicle fqr hire company that has a history of coming into a particular city or county and

attempting to obtain special treatment so that it need not comply with local and/or state regulations

with which its competitors must comply.


15. Upon information and belief lJber entered the Palm Beach County market in oraround August 2014. At the time it began providing vehicle for hire services in Palm Beach

County, Ifber, thryugh its subsidiary, Rasier, did not comply with the requirements of the Code

and operated in violation of many provisions of the Code. PBC considered frling for an injunction

against Rasier because of its failure to operate within the confines of the Code. However, rather

than taking such legal action and prohibiting Rasier from operating unlawfully in Palm Beach

County, Rasier and PBC entered into the TOA, which continues to permit Rasier to operate within

the County in violion of the Code to the detriment of Plaintiffs and the safety of residents of the

County.

16. The PBC Attorney submitted an Agenda Item Summary ("AIS") at a Board ofCounty Commissibners meeting which memorialized PBC's position regarding Rasier operating

in the County and recommended approval of the TOA between Rasier and PBC. The AIS was

approved by the Assistant County Attorney of PBC on March 9,2015. A true copy of the AIS is

attached hereto as Exhibit "A".

17. Significantly, the AIS reflects that PBC clearly understood and considered thatRasier operates as a VFH company in Palm Beach County:

Staff recommends motion to: approve a Temporary OperatingAgreement (TOA) between the County and Rasier, LLC, asubsidiary of Uber Technologies, Inc. (Llber) allowing Uber tooperate as a vehicle-for-hire company in Palm Beach County.

Exhibit "A", p. 1 (emphasis in original). The AIS also recounts the history between Uber and PBCand the factthat PBC did, in fact, send compliance letters to Lfber, through Rasier, and considered

filing an injunctior against Rasier to prevent it from operating within Palm Beach County, in

violation of the Code:


Background and Policy Issues: At the BCC's January 27thWorkshop on network transportation companies, staff was directedto issue a cease and desist letter to Uber and to file an injunction ifthe County's demand wasn't met within 10 days. The letter wasissued on January 29. Staff was also asked to provide an update atthe February 3'd BCC meeting, which resulted in the Board'sauthorization to hold off on the filing of an injunction and to bringback an operating agreement on March 10th. A revised complianceletter was sent to Uber on February 5th reflecting the BCC'sdirection.

Exhibit "4", p. I (emphasis in original). The AIS also reflects that Uber would pay Palm BeachCounty $15,000 for "administration and enforcement costs related to the TOA." Exhibit "A".

18. Confirming that Uber has sought and obtained special treatment in otherjurisdictions, the AIS reflects that the Palm Beach County Attorney "extensively" reviewed

agreements reached between Uber and other jurisdictions and had discussions with other local

government legal offices in Florida and across the nation. Exhibit "A",p. 1. Even more egregious

is the fact that the PBC Attorney recognized in the AIS that Uber, through Rasier, was, in fact,

operating in violaton of the Palm Beach County Code when it stated:

It must be emphasized, that the TOA is exactly what is says itis...temporary. The Consumer Affairs Division has alreadycoflrmenced review of the current VFH ordinance and will bemaking a reconmendation at alater time, presumably far before theTOA's September 30 expiration date. While the TOA is basicallya negotiated product between the parties, any ordinance review andrevision will include all interested parties, including the taxicabindustry and the VFH Advisory Committee. If the TOA sn'tapproved, Consumer Affairs wll contnue to enforce theOrdnnce aganst any TNC's inclading Uber....

Exhibit "A", p. 1 (emphasis added).


19. The TOA was signed by Rasier and the PBC Attorney on March 9,2015. A truecopy of the TOA is attached hereto as Exhibit "B".l The prefatory language contained in the TOA

confirms that Rasier was already operating in Palm Beach County before the TOA was executed

and, significantly, that PBC's "]osition is that Rasier is performing vehicle-for-hire (VFH)services and is subject to its existing VFH regulations." Exhibit "B", p. 1.

20. Paragraph II.Q of the TOA required Rasier to pay $15,000 to PBC within ten (10)days from the effective date of the TOA "[t]o cover any administrative and regulatory costsassociated with this Agteement and Rasier's operations in Palm Beach County for one year from

the effective date of this Agreement." Exhibit "B",l[I.Q.2I. The TOA imposes certain limited requirements on Rasier as a prerequisite for it to

.

provide VFH services in Palm Beach County; however, Rasier was still permitted to operate within

the County in violation of the Code. For example, and without limitation:

a. Section 19-214 (a) of the Code provides that it shall be unlawful for a VFH

'' "o*p*y to operate any VFH within Palm Beach County without firstobtaining a county vehicle for hire permit, a vehicle decal and a driver's

;I I.D. badge. The TOA does not impose that requirement on Rasier;b. ' Section l9-214(d) of the Code provides that a VFH company must notify

the Division (Palm Beach County Division of Consumer Affairs) within 30

days of the date that any driver is convicted of a criminal offense including

all traffic offenses involving a driving under the influence charge, a

lThe copy of the TOA attached hereto is signed by the PBC Attorney and Rasier, LLC. PBC isin possession of the fully executed copy of the TOA which includes a signature on behalf of PBCby its Board of County Commissioners. Plaintiffs are not in possession of that fully executedcopy.


d.

controlled substance charge, or a driver license suspension/revocation

charge. The TOA merely requires Rasier to provide quarterly reports

regarding the driving histories of its drivers thus relieving it of theobligation to notiff the Division within 30 days as required under the Code;

Section I9-214(e) of the Code provides that a VFH company shall beresponsible for its drivers' compliance with all of the regulations set forth

in the Code. The TOA does not address this at all and, therefore, does not

require Rasier to be responsible for its drivers' compliance with all of the

regulations set forth in the Code.

Section l9-2I5(a) of the Code makes it unlawful for any VFH company toadvertise VFH services without obtaining and maintaining a valid VFH

business permit and vehicle decal. Moreover, the Code provides that any

such advertisements must "conspicuously disclose" the name of the

company, physical address of the company, phone number and permit

number. The TOA does not address advertising at all and therefore does

not require Rasier to comply with any advertising restrictions.

Section l9-zlS(a) of the Code requires a VFH company to apply to theDivision for a business permit and to obtain one before operating a VFH

company. The TOA does not require Rasier to apply for or obtain a business

permit.

Section l9-218(b) of the Code provides that no person owning a VFHcompany shall permit any person to drive a VFH unless that person has a

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valid VFH driver's I.D. badge. The TOA does not impose this requirement

on Rasier.

Section l9-218(h) of the Code provides that each VFH business in PalmBeach County must secure a business operating permit and maintain a

commercial business office or residential home offrce in Palm Beach

County. The TOA does not impose this requirement on Rasier.

Section l9-218( of the Code provides that a VFH company shall sign anaffrdavit attesting that each driver is eligible to be insured by the company's

commercial automobile liability insurer and is, in fact, insured. The TOA

does not impose this requirement on Rasier.

Section l9-220(a) of the Code requires that bi-annual inspections arerequired of vehicles over seven (7) years old or that have more than 350,000

miles. The TOA does not impose this requirement on Rasier.

Section l9-221(a)-(k) of the Code requires VFH companies to apply for and

obtain a vehicle decal for each VFH, ffid further imposes additional

requirements relating to such decals. The TOA does not impose any vehicle

decal requirements on Rasier.

Section 19-223 ofthe Code imposes various requirements regarding vehicle

safety and appearance for VFH vehicles. The TOA does not impose any

such requirements on Rasier.

Section 19-225 of the Code sets forth various requirements for vehicle

inspections. Section l9-225(a)(2)(a) of the Code requires that an ASEcertified automobile technician performing a vehicle inspection must utilize

h.

j.

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a 3 part inspection form. The TOA does not impose this requirement on

Rasier.

Section l9-225(a)(2)(c) of the Code provides that the Division has the right

to conduct field inspections of all vehicles for hire, at arry time. The TOA

does not reserve this right to the Division.

Section 19-218 of the Code requires that any VFH company apply to the

Division for a business permit. The business permit sets forth the minimum

insurance requirements for aVFH company as follows: 1) at least $300,000

in commercial automobile liability insurance for injuries per occurrence or

accident; 2) atleast $125,000 for injwies per person in any one occrurenceor accident1'3) at least $50,000 for property damage in any one occurrence

or accident; or 4) $300,000 combined single limit. A true copy of theApplication for Vehicle for Hire Business Permit and Vehicle Permit is

attached hereto as Exhibit "C", . 5. The TOA imposes significantlydifferent and significantly lesser insurance requirements on Rasier as

follows: 1) $50,000 for bodily injury any one person in any one accident;2) $100,000 for bodily injury to all persons in any one accident; and 3)$25,000 for property damage in any one accident.

Section l9-226(b) of the Code provides that such insurance policies shallbe issued by insurance companies licensed and admitted to writecommercial automobile liability insurance in Florida. The TOA does not

require that Rasier insurers be licensed and admitted in Florida to write

commercial automobile liability inswance in Florida.

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p. Section l9-227(a)(2) of the Code provides that drivers working for VFH

companies must possess a valid Florida Driver's License for the last three

years or produce a driving record from another state, or sign an appropriate

affidavit required by the Code. The TOA does not require Rasier drivers to

possess a valid Florida Driver's License for the last three years and even

allows such drivers to drive without a valid Florida Driver's License if they

are "otherwise authorized to operate a motor vehicle in Florida pursuant to

Section 322.031."

Section l9-227(a)(3) of the Code requires that VFH drivers must provide

an original form of their lifetime driving record secured no more than 30

days before their application for a VFH Driver's ID Badge. If a driver has

resided in Florida less than five consecutive years, a trafficldrivingrecordlhistory from each state where he/she previously resided must be

provided for at least a five year period. The TOA does not impose any such

requirement on Rasier.

Section l9-277(a)(6) of the Code requires that a VFH driver must apply for

his/trer Florida Department of Law Enforcement (FDLE) criminal history

report and submit such report to the Division. The TOA does not have this

requirement and allows Rasier to conduct its own criminal history

background checks and allows Rasier to make its own determination as to

whether the driver may drive for Rasier.

Section l9-227(a)(14) of the Code fi.rther provides that all VFH driverswith current driver I.D. badges are required to notiff the Division within ten

q.

S.

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u.

business days of being convicted of any crime. The TOA does not require

Rasier for hire drivers to notiff the Division at any time if he/she has been

convicted of a crime.

Section I9-227(a)(17) of the Code fuither provides that VFH drivers must

submit to photographing (full face exposure/without sunglasses or headcoverings) prior to the issuance of the permill.D. badge by the Division.

The TOA does not require Rasier drives to be photographed.

Section l9-227(b) of the Code further requires the driver of a VFH toconspicuously display the driver I.D. badges required in the Code so that

they are visible and available for inspection to the public. The TOA does

not require Rasier drivers to do this.

Section l9-227(c) of the Code further requires that VFH drivers and thecompanies that employ them must submit anotarized affidavit that they are

eligible to be insured. The TOA does not require Rasier or its drivers to do

this.

Section 19-227(9;) of the Code makes it unlawful for any applicant for a

VFH drivers's I.D. to misrepresent, omit or conceal a fact on the

application. The TOA does not mention or impose this requirement at all.

Section l9-227(i) of the Code prohibits a driver of a VFH company fromoperating one or more vehicles for hire for more than twelve cumulative

hours of driving with any twenty-four hour period as supported by a

required vehicle trip manifest prepared by the driver and maintained by the

VFH company. The TOA imposes no such limitations on Rasier drivers.

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The TOA does not limit Rasier drivers from driving more than twelve

cumulative hours within a twenty-four hour period, require Rasier drivers

to maintain a trip manifest or require Rasier to maintain a vehicle trip

manifest.

Section l9-227(k) of the Code requires that VFH drivers maintain a certain

appearance, wear a collared shirt, long pants or a knee length skirt, and

closed shoes. The TOA does not impose this requirement on Rasier drivers.

Section I9-227(n) of the Code further requires that VFH drivers be able to

speak and understand English. The TOA does not require Rasier drivers to

be able to speak or understand English.

Section l9-227(o) of the Code further provides that VFH drivers must

submit to an examination to assess hislher knowledge of Palm Beach

County geography and his/her ability to understand English. The TOA does

not require Rasier drivers to submit to such an examination.

C. CLASS ALLEGATIONS22. Plaintiffs in this action are all VFH companies conducting business in Palm Beach

County, Florida and are subject to the requirements of the Code.

23. Plaintiffs bring this action on behalf of themselves and in a representative capacity,and seek to certify the following Class, pursuant Rules 23(bX1), 23(b)(2) and 23(bX3) of the

Federal Rules of Civil Procedure:

All vehicle for hire companies that, from January l,2014 through the present, operated in Palm BeachCounty, Florida and werclare subject to therequirements of the Code.

v.

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24. Plaintiffs brings claims for damages, declaratory relief and injunctive relief againstPALM BEACH for violating their constitutional right to equal protection under the law.

25. Excluded from the Class are (1) PBC and its employees, officers, directors, legalrepresentatives, successors or wholly or partly owned subsidiaries or affiliates; (2) class coursel

and their employees; and (3) the judicial officers, their immediate family members, and court staff

assigned to this case.

1. 23(aX1) - NUMEROSITY26. While the exact number of Class members is unknown to Plaintiffs at this time,

Plaintiffs estimate in good faith that the Class consists of more than two hundred (200) VFHcompanies. The exact number of Class members is ascertainable through discovery and is within

the knowledge of PBC. Joinder of all members is, therefore, impracticable.

2. 23(aX2) - COMMONALITY27. All questions of law and fact that must be resolved are common to the Class. Those

common questions include:

a. Whether the TOA violates Plaintiffs' and the Class' right to equal protection

of law;

b. Whether Plaintiffs and the Class are entitled to a judicial declaration thatthe TOA violates Plaintif' and the Class' right to equal protection of law;

c. Whether Plaintiffs and the Class are entitled to an injunction preventing

PBC from allowing Rasier to operate a VFH company in violation of law;

and

d. 'Whether Plaintiffs and the Class are entitled to damages for theconstitutional violations asserted

T4


3. 23(aX3) - TYPICALITY28. The claims asserted by Plaintiffs herein are identical to those of the Class.

Therefore, the requirement of typicality is satisfied.

4. 23(aX4l - ADEOUACY OF REPRESENTATION29. Plaintiffs will fairly and adequately protect the interests of the other members of

the Class. Plaintiffs have retained competent counsel with substantial experience in class-action

litigation, and Plaintiffs are aware of and will faithfully discharge their fiduciary duties to the

absent members of the Class.

5. 23ft1(1Xa) -

RISK OF VARYING ADJUDICATIONS

30. Prosecuting separate actions by individual members ofthe Class will create the riskof inconsistent or varying adjudications with respect to individual class members that would

establish incompatible standards of conduct for PBC. Therefore, class treatment is appropriate.

6. 23ftX1)ft) _ RISK OF DECISION BINDING NONPARTIES31. Prosecuting separate actions by individual members ofthe Class will create the risk

of adjudications with respect to individual class members that, as a practical malter, would be

dispositive of thei interests of other VFH companies not pafies to the action and would

substantially impair or impede their ability to protect their interests. A determination by the Court

that the TOA violates or does not violate the right to equal protection will likely be binding on any

future actions based on the same allegations. Therefore, class treatment is appropriate.

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7. 23ftI(2) _ INJTJNCTIVE/DECLARATORY RELIEF32. PBC, the party opposing the Class, has acted or refused to act on grounds that apply

generally to the Class. The unlawful preferential treatment given to Rasier applies to the entire

Class. Therefore, final injunctive and corresponding declaratory relief is appropriate.

8. 23ftX3) _ PRBDOMINANCE33. The questions of law and fact cormon to the Class predominate over any questions

only affecting individual members of the Class. Therefore, class treatment is superior to other

available methods for fairly and efficiently adjudicating the controversy. This is so because,

among other reasons: a) individual class members have not expressed any desire or interest in

individually controlling the prosecuting of separate actions and they have no such interests; b) as

far as Plaintiffs are aware, there is no other litigation in Palm Beach County concerning the issues

raised in this lawsuit by or against members of the Class; c) it is desirable to concentrate thelitigation of the claims in a class action; and d) there are no unusual diffrculties to be encountered

in the management of this action as a class suit that cannot be managed by the Court. The

advantages of maintaining this suit as a class action far outweigh the expense and waste ofjudicial

effort that may result in thousands of separate adjudications.

COUNT I _ VIOLATION OF' U.S. CONSTITUTIONALRIGHT TO EQUAL PROTECTION

34. Plaintif re-allege and incorporate herein all of the allegations contained inParagraphs 1 through 33.

35. Plaintiffs bring this claim under 42 U.S.C. $1983 against PBC.36. Plaintiffs have a right to equal protection under the law under the Fourteenth

Amendment of the United States Constitution.

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37. The TOA (previously defined) is an abridgment of Plaintiffs' right to equalprotection of the laws.

38. The TOA, on its face and as applied, is unconstitutional because it treats Plaintiffson less than equal terms than it treats Rasier. Rasier and Plaintiffs are similarly situated entities

that provide VFH services to consumers in Palm Beach County.

39. Despite this fact, in exchange for a payment of $15,000 to PBC, PBC has agreed towaive rules, laws, and codes for Rasier that remain in full force and effect as to Plaintif.

40. In so doing, PBC has intentionally chosen to carve out an exception to laws thatwould otherwise apply to Rasier, and has thus discriminated against Plaintiffs in favor of Rasier.

41. PBC's decision to do so was not rationally related to legitimate governmentalinterests. Instead, the decision to enter into the TOA was irrational and wholly arbitrary, and was

made in order to avoid a legal battle threated by Rasier had PBC attempted to enforce the rules,

laws and codes applicable to both Plaintiffs and Rasier. Moreover, PBC's decision to do so was

based on the payment of money from Rasier to induce PBC from enforcing its rules, laws and

codes applicable to both Plaintiffs and Rasier.

42. As a direct and proximate result of PBC's violation of 42 U.S.C. $1983, Plaintiffshave in the past and will continue to suffer in the future direct and consequential damages.

WHEREFORE, Plaintiffs seeks ajudgment against PBC for direct damages, consequential

damage s' intere st' ""

*

:: i;ff Jr:;;;i de ems appropriate

43. Plaintiffs re-allege and incorporate herein all of the allegations contained inParagraphs 1 through 33.

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44. Given the aforementioned conduct and allegations, Plaintiffs seek a declaration thatPBC's agreement with Rasier violates their right to equal protection of the law, and therefore that

the TOA is unconstitutional and unenforceable.

45. Additionally, Plaintiffs also seek a declaration that Rasier is operating as a VFHcompany in Palm Beach County, and is therefore required to comply with all laws, codes, and

rules applicable to Plaintiffs, which it has done in other jurisdictions that require Rasier to comply

with all local laws, codes and rules.

46. Defendant's actions are ongoing, and there is a bona fide, actual, and present needfor such a declaration.

WHEREFORE, Plaintiffs seek a declaration that PBC's agreement with Rasier violates

their right to equal protection of the law, and therefore the TOA is unconstitutional and

unenforceable, and a declaration that Rasier is operating as a VHF company in Palm Beach

County, and is therefore required to comply with all laws, codes, and rules applicable to Plaintiffs.

COUNT III -

INJUNCTIVE RELIEF'

47. Plaintiffs re-allege and incorporate herein all of the allegations contained inParagraphs I through 33.

48. As stated above, PBC'S agreement with Rasier violates Plaintif' right to equalprotection of the law, and therefore the TOA is unconstitutional and unenforceable.

49. Absent injunctive relief from this Court, Plaintiffs will suffer irreparable harm, andRasier will continue to operate in violation of the laws, codes, and rules applicable to Plaintiffs.

50. There is no adequate remedy at law that may serve to prohibit PBC from carvingout exceptions to the all laws, codes, and rules applicable to Plaintiffs for any competing VFH

company that wishes to pay PBC to look the other way.

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51. The threatened injury to the Class outweighs any injury to PBC, which may notselectively enforce the laws of the State and County for the benefit of any entity willing to pay

PBC to do so. The granting of this injunction will serve the public interest.TWHEREFOR-E, Plaintiffs seeks an entry of an injunction against PBC.

:

WHEREFORE, Plaintiffs, on their behalf and on behalf of all others similarly situated,

pray for the following relief:

a. Certification of the proposed Class;

b. ' Appointment of the Named Plaintiffs as representative of the Class;

c. Appointment of the undersigned counsel as counsel for the Class;

d. A Declaration that PBC's agreement with Rasier violates their right to equalprotection of the law, and therefore the agreement is unconstitutional and

unenforceable;

e. A declaration that Rasier is operating as a VFH company in Palm Beach

County, and is therefore required to comply with all laws, codes, and rules

applicable to Plaintiffs;

f. An order enjoining PBC from selectively enforcing the laws of the Stateand County applicable to Plaintiffs' business for the benefit of any VFH

company willing to pay PBC to do so;

g. An order awarding Plaintiffs and the Class damages for pursuant to 42u.s.c. $1983;

h. An order awarding Plaintiffs and the Class attorneys' fees, costs, andexpenses incurred in this action; and

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i. For such other and further relief as this Court deems just and proper.DEMND FOR TRIAL BY JT]RY

Plaintiffs hereby demand atnal by ju.y on all matters triable as of right.

DATED this I't day of May,20l5.

and

Respectfully submitted,

/s/ Randy RosenblumRandy Rosenblum, FBN 983527Douglas F. Eaton, FBN 129577Litigation Partners, PLCounsel for PlaintiffsOne Biscayne Tower2 S. Biscayne Blvd., Suite 3100Miami, Florida 33131Telephone: (305) 249 -1640Facsimile: (7 86) 3 50-307 9Email : [email protected] : [email protected]

Robert T. Slatoff, FBN 816116Constantina Alexandrou Mirabile, FBN 90853Frank, Weinberg & Black, P.L.Counsel for PlaintiffsLynn Financial Center1875 NW Corporate Blvd., Suite 100Boca Raton,FL 33431Telephone: (561) 989-0700Facsimile: (954) 47 4-9850Email : [email protected] : canir [email protected] : aw aIlain@fr rblaw. net

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EXHIBIT 6(A')


Agenda ltem #: 5B-3AT}D.ON

PALM BEACH COUNTYBCIARD OF GOUNTY COJTMISSIONERS

AGENE}A ITEI SU M/IARY

Meeting ate: March 10,2015

epartment

Submitted By: COUNTY ATTORNrySubmitted For:

Consent ffi RegularPublic Hearing

. EXECUTIVE BREF

Motion and Ttlel Staff recommend motion to: approve a Temporary OperatingAgreement (TOA) behrrreen the County and Rasier, LLC, a subsidiary of UberTechnologies, lnc. (Uber) allowing Uber to operate as a vehicle-for-hire company in PalmBeach County.

Summary: The OA sets forth the terms and conditons that Uber agrees to comply withln order to operate in Palm Beadl Counff. The agreement includes insurance, backgroundchecks, drver hstory reports and standards, and vehicle sfety reiquiremenb, as well asother provisions, including the payment of $f 5,000 to the County for administration andenforcement costs reJated to the TOA. couryg'ite (D!,N)Background and Folicy lssuee: At the BCC's January 27rh workshop on networkfansportation companies, staff was directed to isue a cease and desist letter to Uber andto file an injunction ifJhe coungs dmnd wasn't met within 10 days. The tter wasissued on January 2gh. staff wai also asked to provide an update attn'e rebruary 3d Bccmeeting, which resutted in the Board's authorization to hold off on the filing of an injunc{ionand fo bring back an operatig agreement on March 10th. A revised compiiance leiterrrrassnt to Uber on February 5h reflecting the BCC's direction.

County Attomey statr has extensively reviewed agreements that have been reached inotheriurisdictions in addition to other related regulatory docurnents and information. Staffalso had numeross onversations with other local government legal offices in Florida andacross the nation- The TOA being recommended substantally addresses the concernsraised bythe Board, n partcular, insurance and background checks. Otherareascoveredinelude, but are not limited to, driver history reports, driver requirements, drtver/vehicleidentification, vehiclesafety lnspections, surge-pricing, accessibility, communityoutreach,administrationandenforcementpaymenttotheCounty,andindemnifrcation. Further,theDepartment of Airports, after independent conversations with uber, has provided elanguage ound in the TOA that specificalty addresses airport operations.

(Continued on page 3)Attachments:1. Temporary Operating {greement

Recommendad by:

ilII

Approved by:


II. FlsCAL MPACT ANALYSIS

A" Five Year Summaty of Fiscal lmpactFiscalYears

Capltal ExpendiurcsOperating GostsExternal RevenuesProgrcm lncome (County)ln-Kind ltllatch (Gounty)

20{5 2A1e zfi 20f8 2019

($1,ooor

NET FTSCAL TMPACT +($tS,OOOr

*forthe adminstration and enforement of the TOA paid for bv Uber.

# ADTITIONAL FTEPOSITIONS (Cumulative)_

ls ltem lncluded ln Current Budgef? Yes_ No_X*BudgetAccountNo.: Fund_ Departnent_ Unit_ Object_

Reporting Gategory- f *ra se rR.t'rs.5

Recomrnended Sources,of FundslSummary of Fiecal lmpact:

Epartmenta Fiscal Review:

III. RIEUT COMMENTS

OFMB Flscal andlor Contract Development nd Control Gomments:

Other Department Review:

Department Director

THIS SUIIMARY S NOT TO B USED A,S A BASIS FOR PAYITENT.

=/qus


Continued from page f:

It must be emphasized that the TOA is exaclly what it says it is...temporary' TheConsumer Affairs Division has already commenced revew of the cunent VFH ordinanceand will be making a recommendation at a later time, presumably far before the TOA'sSeptember 30m expiration date. While the TOA is basically a negotiated produc't betvueenthe parties, any ordinance review and revision will incfude all nterested parties, includingthe taxicab industry and the VFH Advisory Committee. lf the TOA isnt approved,Consumer Affairs will contin ue to enforce the VFH Ord inance against any TNCs includingUber. Ths activis has not ceased dudng our efforts to develop the TOA.

Staff believes that the TOA is a satisfactory gap measure that provides a regufatoryframework consistent wi&r the TNC modelfor the County to allow Uber to operate and,therefore, approval of the TOA is recommended.


EXHIBIT onB))


TEMPORARY OPER.ATTNG AGREBMENT

This Temporary Operating Agrec,ment (ereinater "Agreemed') is entered into this_day of lvfarch, 2015, between PALM BEACII COIINTY, a political srbdivislon of theSe of Flord, ose addrss is 301 N. Olive ,4ve.nr:c, West Palm Beach, Forida 33401(hereinafter "County'), and RASIER, LLC, a Doliaware limited liability compatry and subsidiaryof Uber Tecbnologies, Inc., conrnonly rcfrred to as *IJber." whose addtess is 1455 lvfrketStreL Sn Franciscq Califomi 94103 (hueinaftor "Rasied).

WffiREAS, Rasie is a tmsporttion network company (AnC) that desfues to continueoperating in Patm Beach County; and

WUEREAS, regardless of how this form of transportation sersice is dcfined, it is theCounty's position that Rsier is performing vehicle-for-hira (llF services aud is subjectto itsexisting VFH rqulatiols; and

IYHEREA.S, notwithstanding the above, Counry is cr.rnerly revie.ving its .\y'FHregulations as they perain specificallV t'o TNCs and agrees to allow Rasier to operate in ?alBeach County during ths revieq subjectto the tetnrs and conditions setforth below.

NOW THEREFOE:

I. Courty aud Ras;ie,r agree as follows:A. The following dentions shall apply o ths Agreemen*,

'oRasier Parhat'' rrrcans an hdividual who'uscs a personal o noncomneroialvehicle to provide ausportation services requested 1srrgh the Rasier digitalplatform in Palm Beach Comty.

'Rasier Parher Veiole" means apersonal or noncommercial vehicle that is usedby a Rasior Partner to provide msportation services requested through the Rnsierdigitalplafom.

"Transportation Netrvork Cornpant'' (TNC) mans an idivdual, pa*nership,associatiou, corporation, or olhc'r entity that uses a dital platform to conneot

. passengen to drivers who use a pusonal or other noncorrmercial vehicle toprovide for-hire ground tralsportation srvice,s.

"Transportation Network Corpsny (fNC) Seiviceso mems ansporttion of pa$setrger bettreen points ohosen by tle passenger and preananged *'i a RasierPsrrer through the Rasier platforo- TNC services begin whear a Rasier Parkreraoccpfs a rcqust for broqporhtion rccEived tbrough the Uber app, TNC serviaescontinue v&ile ths Rsier Parrer bansports the passenger in the Rasier Patner'svehicle, and rniuate when the passenger reaches his or her intended destinationand exits the Rasier Patner's ve.hicle.

Page I of9


II.

B, Raser agrees solely fo, the purposes of thirs furee.men! thd Cormty has thearfority to fftr into this Agrermrrt Rasier does not waive its dgLt to contestthe applicability of any laws or nles to Rasier, the Rasier platfom, or RasierParles ofterng services throrgh the Rasier plaffom. The Courty does notwaive aay gh or auority to purslrc any available Iegal re,medies to ensurRasier and Rsicr Pates opera logally in Falm Beach County.

Rasier agrees as follores:

A. Ihsrance. Rasier sbll comply witk all applicable insurance require,nffimardafed by Ftorida laws peaining to insumco, including but not limited to,auomobile liability insurancq and shall provide proof of said compliance. Thefollowing is also rerred:

t. When_ggadilnto Rasier plafolm but not en route/wifh passerqer: Thefollowing automobile liability insurance requircments shall apply during thetime tht a Rasu Parh is loggcd irto the Ube,r pla,tform and availahle oreceivc rqwsts for tausportation but is uot en route to pick rry s pssergor oroonducting a hip with apseng:

(a) .tutomobile libilrty' co\nage which provides at least fifty thorsauddollas ($50,000) for bodily iqiuy ay ore (1) person in any one (1)accdenf, one hunded thousand dollus ($100,000) for bodily ujury to allpsrsons in my one (1) accideut, and twenty-five thorsand dollars($25,000) for property damage in any orc (1) accidcnt; in ttrc event theRasier Paer's owu insurauce is not available;

2. Whenprovidiue TNC Services; The following requheme,nts shall apply:(a) Providas primary commercil automobile Iibility insurance that

' recogrizes the Rasier Pher's pmvision ofTNC Services;

(b) Provide.s pdnaT commsroial auomobile liabiliy insurance of at least$1,000,000 for deatb, personal Sury aadroperty damage;

(o) The coverag reqrkEnts of this paragraph 2.mny be satisfied by any ofthe following: Automobile liablify iusrrance mairtained the RaserPaltus; automobile liability isrrance maintaiued by Rasier; or auycombination ofthe immediate precediag two; ard

(d) Iu ary claircs coverage investiou, Rasie'r shall. sooperar with alihlity inrure,t that also istres the driver's porsonal veticle. Rasier shallinclude the elevant daes and tirnes at which an incident occuned thatinvolvcd the Rasier Parfrner while the Rasier Paber was logged into theirdigitalntwo*.

Page 2 of9


B.

3. Insurce eficiencv. In errcry instance where insumnc maintained by aRasie,r Farher to fulfill the above insurance reguiremeats has lapsed, failed togrovide the required coveragc, dmied a claim for the reired coveragg orotherwiss ceased o rist, insurance maintained by Rasier shall provide thecoverage required this secton beginning witir the first dolla of claim.

4. Primary Coverage, Rasiir shatl submit docrunntation to Cormty thet it hassecrred primary automobite libility insnance coversge in the amount of atleast S1$00,000 per occurrertce for tbe driver for incidens invoiving thedriver while providiug TNC'serviccs. Rasier's policy shall provide blaketcoverage for non-o'umed afomobilcs active on the Rier pla.fom.

5. Cqtica of krsurance/.dditionat Insued. Rasier shall provide to theCounty a certificate of insrrance frr the policy(ies) requircd herein, namingRaser as the insrsd and an endorsemcrt ncludfurg the Coumy as anadditional insrred. The policy(ies) shall be accoupauied by a commitaentom the inswer that such policy wilt not be cncled, modified, or coveragereduced without at least thrty (30) days' pior notice to the Cormty.

6. No contractral hold harrless required in the terms of service shall be used toevade the insruance requirements ofthis Agreement.

Backgrowrd Chectrc Prior to allowing a driver o be on its digital nework, Rasiershall conduct a local, state and federat srimiul bacround check and obtan andreview the criminal. hstory f each pote,utial Rasier Ptner to determine whetlerthat person has been convicted

'rthin the previous fivc (5) years, regardless ofa{udication, of a ime set forth in Sect 19-277 (7}-(8) and (10){11) of iheCormty's VFI{ Code or deolared to be any one of the offerders under SecL 19-227 (12) aud (13). If it is determined that a person has beeq convictd of any ofthe foregoiu fhat person shall not be pennitted to be a Rasier Papr. Rasier\ryill lnaintain ectronic tecords of suoh criminal history reports for tbe druationofris Agreement.

Drjyqf Histgry. Repo. Prior to pcmritting a person to act as a Ra.ier Parer andqutrly thereafrer, Rasier shall obfain and rwieu a State of Florida Deparhmtof figway Safety and Motor Vehioles tatrc/driving his0ry relnn for suchperson Any person witlu (1) moe thaatbee (3) moviqg viroltions inthe thee-year period prior o zuch checg (2) a major violation in the ree-yeat period priorto such oheck (includingn but not linited to, attempting to evade the police,reckless driving, or driving on a suspended or revoked licensc); or (3) a "habitualtaflic offeodet'' classificaton, shall not be peunitted to be a Rsier Partner.Rasier will maintain clcstsic records of such driving hisory rcports for teduration of this Agree.rrent.

. Driver Re$lrEmen. Rier shall esure that all Rier Partners are at leasttweaty-one (21) yes of age; possess a valid Florida drver's license or is

Page 3 of9

c.


E,

otherwise authorized to operste a motor ve.hicle in Florida prrsuDt to Sectiou322.031, Florida Statutes; and possess proofofvchicle registration and cuuertautomobile tiability ismance. Rasicr must sea:re goof of Rasiq Parher'spersonal irsuance. Ras'ier shall maintai astuats and uptodate recods of allRasier Partners provding servces tborgh the Rasier pla6o'm- Rssiff shallprovide driver-elted guid"n* materials to Rasier Partners. Rasier shall alsotke leasonable staps to notify Rasier Patners of their obligions mdu this.A,greemenL

Driwr Dnsl.Aloohol and lobacso Use. Rasiec shall implemelrt a zero-toletancepolicy oo the we of drugs or alcohol applicable o any Rasicr Parher, providenotice of the polioy on its wcbsilq as well as the procedrues to report a driver thepassenger reasonably suspects ras inder the influenc.e of drugs or alcool duingthe course of the ride, and immediate suspend said ddver upon receipt of apassegq complaiut alleeiry a violatioa of the polcy. The suspension shall lastthe drnation ofthe investigafion Furthor, Rasier Partners are required to providea suoke-ftee environne'nt iuside theii veliicles wheirtansporting apassenger.

Drivcr{Vchiclc ldc,ntifioatioa. Oncc a passenger and a Rasie Patuer have bcenmatched, Rasier's digital plarform shalt display for the pa$senger the nane ardpbotograph of the Rnsier Ptrber as well as a description of the mke, model andIicense plate number of the Rasier Pataer Vehicle.

Vehicles Used: S cr.v'Inspeotion Rasier Partnersn Vehcles shall be steet-egalfou-door vehcles tat ae no more fhar ten (10) model years of age. No RasierParhr Vehicle shall displV a top liSht or elec'tonic identification signage audshall not be.nnrked with the wod "taxl'r "taxcab" or '00b." Wi&in thirty (30)days oftbe effective date of this egremet, all Rasier Partrff vicles cunentlyoperating shall have a safety inspection conifucted by an automobile techicianfhat is cetifled by the National Instie for Automotive Seryice Excsllesce(ASE). ll Rasir Parhcr Veicles erteed into service aer thc etrective datc ofthis Agreement shll b inspeoted $'ithin 30 days of eutry into seflice. RsierParrers shall kep proof of their vehicle inqpectir with em at all times in eirRasicr Patner Vehicle and produce a copy of same upotr tequest by Countydruing au investigation- Such procedute shsll, at a minimum* inolude anin$rection of the following components:

Footbrrakes;Emergeucy parking brake;Suspenson/steering meohauim;Wirylshield;Rea windowaud other glass;Windshield wers;

7. Headlights;8. Tai[iehts;9. T\rm irdicatorlights;

Page 4 of9

F.

G.

t.2.J.4.5.6.


10. Brake lights;I l. Front seat adjus&ent mechanism;I 2. Doors (open/close/lock);13. Hom;14. Spcedomeer;15. Bwnpers;16. Mufiler and exhaust system;17, Condition of ties, inoluding tead depth;18. Interior and exior re view mirrors; and19. Safety belts for driver and passengers.

H. Cusomer Serrice. Rsier shall maintain a websi and provide a 24-horcusom.e,r service telephone numbe or email addess.

I. -Srvice of hoeess. Rasier shall mainfain an agent for service of pmcess inFloicla.

J. Passenger Receipl Upon completion of a tip, Rasicr shall tansmit an electonioreceipt to the passenger's e,rrail adibess or mobilo aplication documenting theorigination and destin*ion of the fr urd a descrption of the total anount pqid, ifany.

K. No Solicion o Steet-Hails. Rssier Parilers sball onty aocept rides bookedthrough a digital plaform and shall not solicit o accept seet-bails.

L. Rate Disclosme. It is understood thatRasie.t may offer servc fot compensation,no-aharge, or flggested compensation. Raser shall disclose rates used todetermine auy compensation cr suggested compensaton on its app and wcbsite.Before a trip is accpted, a rider must be able to view the estirnated fe,suggested fare' or indicationatno-chage is rcquired forthe ip.

M. Suee-pdahs. \lVben Rasier utlizes sur.jge-pricig through its softwaapplication in eas ad times of high demand, the sofvare application mrst:(1) hovitle clear and vsible indcation that dynmic prisinC s in efiect prior toren a porental ddc rcqusts a ride; (2) Inolude a feture that requir riders toconftmthd thuy rndcmtandthatdlmamio pncing will be appliedin oder fortheride request o be completed; and (3) kovide afarc estimator that enables the rxerto estimate the cost nnder dyaamic pricng prior to equestfug re rid.

N. T$iqa Zores. Rasier Parrers shall not use any marked taxicab zoaes.

O. AcegS$ibility. Rsier sba not allow Raser Psue$ to refise to ccepl apassergff who is disabled, orto charge a higher fare or additioal fee to apersonvo is disabled, based on the penon's disability, usc of a $ryport anE4ueelchb, mches, or other mobIty assishnce device. $hould exposure to asupport aninal cause a Rsier Pher an undue heal burdeq Rasie shall make

Page 5 of9


P.

a.

best effods b connest e passenger with &e support animal to an altematedriver. Rasic shall set aside a srm eguivalut to fe c.rts ($0.0 for every rideoriginating iu Palrt Beach Cunty W to S25,000, and sball use those frmds tosupport TNC riders who require wheelchai accessible accomnodafions.

Copmunity Oufieac,h. Rasier shell conduct outeach to ssmmuntywith q'heelchair accssible vehicles to publicize Rasie,r's nced for wheelohairaccessible vehicles and drivers with e goal of pa,oviding services to allpas$engers. Rasier shall also coudrct ouueach to commrrities that ate of lovcnsocial eonomic sfratawitho adcquate taosit options with the goat of increasedaccess to traxspoation options. Raser shail rcpoEt to the Cormty theeffestiveness ofboth outeash effor on or before Septenrber 30, 2015.

Pavment to Countv. Within ta (10) days om ths effestive datc of thisAgreemenf Rasier shal pay to thc County fffeen tbousatrd dollars ($15,000) tocovr any administative antl regulatory costs associatod wfth rhis Agrent andRsier's operatons in Palm Beach County for one yar om the effcctive date ofthis greemerr Ia the sye! rhis Agreemnt is not extended beyoudSeptenrber 30, 2015, Rsier's pymeut shall be edifd toward ay fee that t isrcquired to pay under a zubseent Agrcement or Cormty ordinnce govenringTNC operatiors in the County such at Rasie('s S15,000 paymert will apptoward one year of operations omte effective date of ths Agreemeart.

R. Airgo{t R.asier and Rasier Parhers shall not operate any vehcles to o om thePalm Beach Internatiout ltfrprr ("Airporf) r,nless $ch operations are incompliance with the requirements of Bxhibit "4" to this greesent

S. ,{udt Rasier must mantain accurats records as required rmder tis Agreement.Uponthe Cormty's re1$tesE and no more tlan one time whiie this Agreement is ineffecq Rasier shall make ese records available for inspection o the Comty forpurposes of conducting an audit of Rasier's compliance wift this Agreerrent.This audit shall occru at Rasier's place or busess or a mutually agreaiefring iDPalm Beach County.

T. Complaint Lurnestieation In response to a speoific complain! fhe Cormf mayiospect, at Rasier's place of business or a mutually agreed setring n Palm BeachCouoty, those rccords held by Rasier whose review is specifically neoessary forthe investigation and resoltion of the complaint

U. Rco4s:_ConfidentiatriW, The Cormty shall not discloss my records obtaincdftom R.aser pursust to this Agreement or Exhbit'i4." to this Agreement rurlessthe county is required o do so by applicable law o court order or Rasier hs$conserted to such relcase. In the eveart fhat a third party submits e equest to tlrcCountf for such recotds, the County shall, rpon receipt of srch rcqucsf notifyRier that i has received a requt aird form Rasie,r of vrhcer it will release

Page 6 of9


ry.

the requested record(s) so that Rasier hs ar opportunity to tke steps to pevelrtdisclose.

Corrnty agrees as follous:

A. Rasier may opra in Palm Beach Courty so long as Rasier and Rasier Pahqscomplywiththe terms and corditions sef forth inthis Agreemerf,

B. County shall suspend enforcement of the provisors in Article )O of Chapr 19 ofie VFH Code and my ofher applicable VFH regulations against lsicr d RasierPaers durng the term of ths Agreement uIess such enfoceurent sms ftom aviolation of any of the provisions of this Agreement.

Genersl Provisions:

A. trsctive Dteferft. This Agreement goes into effect on the date of approval bythe Board of County Commissioters on behlf ofthc Coumy and coutinues infillforce md effect ttil and through Sepember 30,2015, udess othennise extendedby both parties in writiug.

B. Tcninqtion. Notvlithstanding arythng contained herein o the contary, iheCounty or Rasier may, with without cuse, tffminate this Agreement uponthirty (30i days' written notice to the other party.

C. Enforcemsnt Coruty shall have the authoty to enforee the reguiremerrts of tlisAgreemt Fih to adhere to the rcguirements of is fureement by Rasier orany Rasier Partuer may rasult in fines in an amormt equal to fre fines for similaviolafions undertlre County's VFII Code- otemiuation ofthis Agreemenf, attheCounty's discretiou.

D. No Recourse. No recourse shall be had against any elecd otrcial ditector,officer, afmey, agent or eplcyee ofRasier or County, whethcr ia office on theeffective date of this Agreement o'r after such date, for any claim based upon thisAgreemern

E. No Other Anaugement Ceated. This Agreeme,nt will not be constnred in auyfornl or mflrer o establish a parhership, joint vcntur,e or agency, (press orimplied" nor any empioyer-employee or borrowed seffisnt relationship by andbetwesn Rsier anil County.

F. Enti"ety gf -Areene. This Agreemtt, inctuding Exhibit ".{," constites theentke Agrernent betwee e County aud Rasier. Aay prerrrious agrcemcst,assertior" statemrt, understanr{ing, or ofter comitnent before the date of thisAgreemen{ whether uitten or oraln shall havc no force or effect No agrcment,assertiono stahffient, understanding, or other commiffient during the term of this

Page 7 of9


or afr the te, of this .Agreeent, slrlt harve any legal forc orcffect unless properly executed iu witing by Rasier and the Couuty.

G' Appliceble Larqand venue. Tbis Agreement is made, ancf shnil be construd endinterpreted under the laws of the sta of Flodda ad venre for any larvsuitconceraiag this Agreement shall lie in PaIn Beach Cormty, Ftorida

H. Notice. Ali official communications md notces required to be made under tbisAgreement shsll deemed made if sqrt, postage prepaid, to the addressesidentified above to the atttion ofte signatories below.

I' Indemrisetipn tt is nderstood and agreed tlat Rasier end Rasier Patners aetrot agcts, snants or employees of cormfy or its Boad of corrntycomnissours, Rasier shall iudeannify and hold harmles the coruty ad itselectcd officers and employees ('couny parties) from any damages against "county Perties a,rising directly om: (1) this Agreenrenfi or (2) th acts oromissions of Rasier or Rasier Patoers or ther respeclive agents, employecs,licensees or insitees (Rasier Pties') in cornection wth TN-c servicei in tlecounly' inctuding at th Airport, when such c6 were iatentiona! or acts of grossnegligence or willfI misconduct The foregoing indemnification me notlramiless sball app.Iy ouly i (1) thc counff has sc,rted, at its ovn oensg thesgvereiry imuunity defensc or sindlar go\erffrient imnnty rtosFine to theclaim if such defes is relevant and a oourt has determined thie defense doesnot bar the claim; or (2) the cormty is not covered for the claim rmder thelnsyancg policy described in section I(,{X of this Agrcemonr. Thsindemificafiou and holdhamless sball also inohe a oosts, resonable atomeyfees, aud reasonable expenses icured for suoh loss. Notwithstanlirg anythiugcontaincd herein to the contary, Rasier shall rct b obligsted to indennS oihold barmless the coun paties for matrs th are judicially detemined to beSby"b toflre negligent or intentional acts or omissions of ile counry parttes.This Scction shall srnive the e4piration or ealier tennintion oftbis AgreemenrNoth'q8 contiuedheqeitr shall be cousued as a waiver of sovercign nunity orthe satutory limits of liability sst forth in section T6gag, Roriistatutes. Theforegoing indemnification obligation is conthgent upon tlre following: (i) the9q*ty $uu provide Rasier yith prcmllt wrtter notice of any ctaimluu toindemification herermder, and () any cosfs to be incurred by rr co*ty when itdefends and/or settles each such claim are subject to Rasier's prior conse;! whichshall bc reasonable.

flhe remander ofthis page ntentioually left blanlcl

Page I of9


By;

.ATTEST:SHARONR.BOCKCLRKE COMPTROLLER

P.ALMBEACH COUNTY, FLORIDA, by itsBOA.RD OF Counry COMMISSIONERS

SHBLLEYVAA'lv{AYOR

RS&rLC

Bv: 'Acolof\*

hx,t [aw+ittt*Tlpe or kintNarne:

Leunas.-rTitle/Position: '

BvlDeputy Clerk

(sEAL)

DATED: ,3 | oo,ltntdATTEST:

Page 9 of9

COUNTYATTORNEY


EXHIBIT "A'AIRPORT INTDRIM OPERATI\TG REQUIREMENTS

L. Rasier acknowledges fhat Cormty ows and operates the Plm Beach lternationalAirport ("Afupor, which is managed by aud tbrough its Department of Airports ("epartnenf).fn addition to any other nles or requirernecrts esfablished by County by law or under thisAgreement Rasier d Rasier Partners shall conply with all applicable require,nents of the PalmBeach Couty Airport Rules and Regulations adopd by County Resolution No. R-98-220, asno or hereafter amende4 and any succssor ordinance or resolution regulafing activties oroperations on the Airpod (Airpod Regul*ionsJ, while engaeing in ground tasportation.activities onthe Aort, subject to theprovisions offhis Agreemeirt.

2. In order to assist County in managing the number of conqercial vehicles utilizingtle Airpon roadways and facilities, inchrding, but not }imited to, terminal and parking facilties,and to maintain the security of adjacmt County-owned properties, Rasier shall estabtish a virtualperimeer aound the Airyort bounded by tbe following roadways: northem edge of BelvedereRoad (North bounday); westem edge of Militaqy Trail (rest boundary); eastem edge ofAustralia* Al'enue (East boundary); and soutlrorn edge of Southern Boutevard (Soulh bouuday)(hercinafter referred to as the "Geo-Fencd). Rasier Pa(he$ slrall be prohbited from staging,loitering or parking within the Geo.Fence. [r addition, if the Department determines a RasierPartrer is illegalty siaging on any adjacent Corrnty-owned properties, including but not limited, tothe Arport Cenhe complex [ocated northwest comer of I-95 and Southem Boulevad or theCounty-oumed propelies locatcd north of Belvedere Road and west of Mitiry Trait, theDeparffient may rcquest the suspenson or termination of the Rasier Padner in accordance withSec'tion I below. In an effon ensure Rasier Parmers adhere to the foregoing requirements,Rasier shall block Rasier Parhers om accepting passenges on the (Jber app urhile locatodanywhere within the Geo-Fence. A,t all times during the tcrm of this Agreement, County shall becapable of veri$ing that Resier has incorporated the Geo-Fence throug the ber app. Rasiershall noti$ the Rasier Partners operating at the Airport of the requirements of this gresmefi.Rasier aoknowledges and agrees that it slll be the sole responsibility of Rasier and RaEierPaten to provide appropriate eas for the staging of Rasier Partner Vehicles while waiting forpotential passengers.

3. Within fiftee (15) days of the date of this Agreement Rasier shalt issue ro eachRasier Parbrer authorized to provide TNC Services on the Airport with tade dress that shall beaffixed to a Rasier Partrer Vehicle and shall identify the Rasier Parrer providing TNC Servicesfor Rier. Trade dress shqll allow County to identify Rasier Partner Vehicles at a distanc of upto fty (50) feet at all times q'hen such vehicles are within the Geo-Fence. Prior to issuance of thekade dress, the size, format ard cbntent ofthe trade dess shall be provided by Rasier to theDeparnent for review and approvatr.

4., \trhen pmvidinC TNC Services on the ,A.ort, Rasier shall snsure that RsierPartners comply with the following quiremen:

A. Each Rasier Parfter authorized to provide TNC Servces at the Airportshall atrx the ryproved tade dess to their Rasier Patrcr Vehicte so thtthe trade dress is clearly visible from outside the Rasier Parher Vehicle

Exhibt""Pa I of3


prior to cntering the Geo-Fence.

B. Every pseger picked or dopped off shall be documented by anelectronic reserrtion before the Rasier Patner crosses the Airpon's Geo-Fence. Rasier Parfrprs sball not enter the Airport's Geo-Ferce without avalid elecuonis restrcslion. Each Rasier Parher sball present his or herdriver's license and electronic reservatiou for inspec'tio to anyDepartment County or PaLn Beach County Office Sheriffs Deparhentrepresentative or ennployee ulon requesL lte electronic resennation shallinclude the first uame of the person who reguested the ride, the picklocation and first name of the Rasier Paner provi tiqg the service. '

C. Rasier Partners shall ony load and rnload passngers in those locationsdesignated by rhe Deparment for the piclarp and drop off passangersutilizing pre-aranged grornd transportation servics at the Airport(esiguated Arcas"). The Designated Areas shlT only be utilized for theactive loadng andunloadiag ofpessengers. Rasi*Parhers shll not leavea Raser Parhner Vehicle unattended in any Designated .{rca" Rasieraclcrowledges that the Designated

"Areas may be modified from tine-to-time by the Deparment in its sole and absolut disctetion.

D. If a Rasier Paruer is dropping a passenger off at tbe Airport, the RserPartrer shall exit the GeoFenee area upon completion of the drop off.Rasicr Parrers sball not loop or circle around the Aiqport access mads orother Airport roadways while waiting for a pick up or attempting to book apassenger for TNC Serviees. Rasier Partners shall not stop, prk or loiterwithin the Ceo-Fence while waiting for a passenger to arrurge a tipthroug the LJber app.

5. In order o assis{ Couty in deteunining the impact of the TNC Sersices by RasierPartrers on the Airport roadways ad facilitiEs, Rasicr shall provide to the Departuent a reporttat contains ttie following infonnation on or before the twentieth (20) day of each and everymonth while this Agremrent remains n effect ('Monthly Report'):

A. The total number of drop-offs by Rasier Pabrers at the Aort during thepreceding calendar month.

B. The total ntocr of picknps by Rasier Pashe at the Aort drling thepreceding [s{ 16nth.

The form and substauce of the Montrly Regort shsJl b reasonably ccptble to theDeparment.

6. The Monthly Report shail bc delivered to fhe following addcss: Palm BeachCounty Departtuent of Airports, Ann: Properties Division, 846 Palm Beach Intemational Airporr,iest PaIm Beach, Florida 33406, or to such other address as nay be directed by Deparment omtime to time. The Departnent may require the Monthly Rport to b submitted elechonicall to

E\hibit"A"Pe2 of3


such e-mail addresses as may be designated by the Deparurenf

'1" Rasier shall pay to County an aort access fee of One Thousand Two HundredFiffy Dollars ($150.00) per month ("Airport Access Fee') for fhe uos-exclusive right of ingressand egress acoss the Aort access roadways by Resier Partners for tlre condrct their pennittedgrouud transportation oper'ations hereunder in accodance with the terms, conditions andlimitatious of this E:chibit'4". The Airport.Access Fee shall be paid in advauce, wthout demand,dduction, hold back or sot off on or before ttre fnst (11 day of each and every month throughoutthe term of this Agreement atd any extenson thereof, If the effective date of this Agreementocclrs on any day other than th first (t} V of the montlr, Rasier shall pay the r4,ort ccessFee from re eflective date to the first (l) day of tle followiug mocth on a per diem basis(caleulated on the basis of the actual uumber of days in thE month in which the effective dateoccws)- Any payment due hereunder for any othEr fractonal month shall likewise be calcutdedaud paid on a per diein basis. The Airport Accesg Fee shall be made payable to Palm Beach Countyand deliveed the following address: Palm Beach County epartuent of Airports, Attn: Financeivision, 846 Palrn Beach Intematioual - rpor! West Palrn Beach, Florida 33406, or to such ot}eraddress as may be direcd by Dqartment from time to time.

8. I the eve,r the Departnent has reasonably determined that a Rasier Parher hasviolated fhe requirements of this Exhibit "'4", Rsief, shall suspen o,r terminate the RasierPartner's authorization to egage inpiok-ups at the Airport as diected by the Departnrenr TheDeparmenfs determination of \hether to suspend or terminate the Rasier Parlernsauthorization to engage in pick*ups the Airport shall depend o the natue ofthe violation aadwhether the Rasier Partrer has previously violated tbe requiremcnts of this Exhibit *4",

9. Couny, with the Deparhent acting on behaH of County, may terminate theprovisions ofthis Ertibit "A", wth or without cause, qpon thirfy (30) days prior written notice toRasier,

E!(bibit'nPage 3 of3


EXHIBIT $C))


Checklist for a Sedan, SUV, Limousine, Van/Shuttfe, Taxicab, Non-MedicalVehic_fe f,or Hire ComPA$V

A completed Vehicle for Hire applicltion from our offlce must be accompanied by the following documents

1. Palm Beach County Local Business Tax Receipt from'thc Tax Colleotor's Office (561)'355-226+ (wwW.pbcqov.co{n/tax)available from the following locations (address MUST match the physical address of your business):301 N. Olive Ave, 3r Floor, West Palm Beach (Governmentalente$ 501 S. Congress Ave, Delray Beach3188 PGA Blvd., Palm Beach Gardens3551 S. Military Trail, Wesl Palm Beach (south of 10r'Ave N)

200 Civic Cenler Way, Royal Palm Beach

Z" Articles of lncorporation AN/OR Fictitious f'lame Registration (whichever is applicable * from the State of Florida), (850)488-9000 or www.sunbir.orq

3. Certificate of Commercial Automobile Llabllity lnsurance: Minimum requrements$125,000 for injuries per person in any one occurrence or accdent$300,000 for injuries per occurrence or accident OR $300,000 Combined Single Limit (CSL)$50,00 for property damage in any one occurrence or accident

The Certificate of insurance must have the following lisfed: vehicles and drivers rnsured and as a certificate holder:PBC Consumer Affairs Division50 S. Military Trail, Ste 201West Palm Beach, FL 33415

The Certificate of lnsurance must come directly from the lnsurance Agent/Company by fax, email or US Mail.

4. Copies of Vehicle Registrations for each vehicle to be permitted with our office.5. Mechanical/Eafety lnspection (older than 1 model yea| - Each vehicle registered with Consumer Affairs older than one model

year (at time of registration) are required to provide a Mechanicalisafety inspection completed by a ASE certified mechanic. Theorm is available online al: wwlv.qcqoy..pfn/"pnsuqer or from the Consumer Affairs' Office. Any vehicle older than seven (7)years based on the registration of said vehicle or when the vehicle exeds three-hundred fifty thousand (350,000) miles,whichever is first, shall be required to pass a bi-annual inspection. Notel There ls no age limit on model year.

6, Taxicab/Non.Medical Transport Gompanies - Each taxicab or non-medical, wheelchair and stretcher transportation servicebusiness, must submit to the Division wth thlr initial application, thrce (3) cotor photographs, not less than 8" x 10" size onphotographic paper, showing the entire vehicle side, front and rear viewo, which depicls lhe chosen color and signage scheme,The snage (lettering) is to be either vinyl or painted, at least 4 inches in height on each side of the vehicle and must show thecompany name, telephone number, VFH permit number and unit number'

7. Airport Ground Transportation Decal- Any vehicle for hire company desiring to engage in pre-ananged ground transportationservices at Palm Beach lntemationalAirport (PBIA) will be requhed to have an airport ground transportalion decal affixed toevery vehicle. lf you re requiring an Ahport Decal, please submit documentation showing which vehicle(s) you are registeringfor an airport decal, Airport Decal Fee is $50,00 per vehicle.

Fees are non-refundableFees: No cash is accepted * Only- ChecUloney Order/Visa/MasterGardlDiscover

$10,000.00 Fee to start a Vehicle for Hire Business. $225.00 - Business Fee $100,00 - Decal fee per vehicle

$25.00 - 30 Day Temporary Permit fee for rentalvehicles only

*:.u.!pATES:"(i) All new Taxicab companics submitting an application for a business peimit pursuant to'secton l9-2t$ on or after June 1, 2013, shall have a minimum of seven l7l

!e-s'tit-c-flpJ'(3}AltnewVanlShuttlocompaniessubmitlinganapplicatlonforabuslnesspermit pursuant lo seclion 19.218 on or after Jue t, 2013, shall have hil,ntli'pt'pllfi;lll $Ft#$,,r 'iho

'rc rar hntinn anqsibtc vehicles shall nor dffer lrom lhe rls charoed to non.disablod assenorc, l4l All new LimoUsine companies submlnS n alicationThe rates for handicap accessible vehicles shall not dffer lrom lhe rates charged to passengts, (41All new Limousine companies submlng n applicationfor a business permif pursuant to sectron 19.2'18 on or afte June l, 2013, shall have a minimum of 0o (2fJ9fj9q in its ileet. (S] All new Non-medcal wieolchair and

l2l vehicles in ite fIe!, ()

paStngers,nThe rtes for vehicle shall not differ fiom thn ratos chatged to non'disahlsd


PALM BEACH COUNTY, FLORIDABOARD OF COUNTY CCIMMIS$IONERS

DIVISION OF CONSUMR AFFARS50 South Mifitary Trail, Suite 20f

West Palm Beach, FL 33415(s61 )712-6600 (Main office)

1 -888-852 :rc62 (Boca, Delray, Glades)www. pbcgov. com/consu mer

APPLICATION FOR VEHICLE FOR HIREBUEI,NESS Fl;RMlr AND VEHICLH PERMIT

lNlTlAL FEE: $10,00CI.00BUSIII FSS PERMIT APPLICATION FEE: $225'A0

VEHICLE DECAL FEE: SIOO.OT PER VEHIGLE30 DAY TEMPORARy ECAL FEE: 825.A0 PER VEHICLE-RErIrAI vEHIcL orutv

Fleose pay by check, money order, VisA lldasferard, or Discover payable to theBoard af Gounty Commissioners. ICASH WILL NOT BE ACCEPTE/

FEES ARE NON. REFUNABLE

Business Name:dba:

IN ACCRT}ANCE WTH THE PROVISIONS OF THE AMERICANS WITH DISABILITIESACT, THIS APPTICATON MAY BE REQUSTED IN AN ALTERNATIVE FORMAT.PLEAS CONTACT THE DIVISION OF CONSUMER AFFAIRS AT THE ABOVE-REFERENCED TELEPHONE NUMBERS.

PLEAS NOI'0: TI-IE FAILURE TO PROVIDE TI"IE REQUHSTED INTCIRMATION ANDDOCIJMENTTION WILL RESUI-T IN THE DISAPPROVA.L OF YOUR PERMITAPPLIC"A,TION UN'IL SUCFT TIME THT THE REQUESTED INFORMATION HAS BENPROV]DED TO'THIS OFFICE.

PLEASE TYPE OR PFIN lN INK


1B u.qr^rss tJqqRnt no,\I:(1) qpSNESS INFORMATIONI Please eheck box below noting present legal status of business,

Sole Proprietorship(lndlvldual or Ficlitious Nme

Ownership)

Partnership Corporation

[NoTE: Yop MUSJ PFV|,DFA STEEr ADPRES$. Posr oFFlcE BoxEs oR MAIL RoPswtLL NOT B ACCEPTE.!

NAME OF BUSINE$$:

D/B/A:tf operttng udl fitde nme, please attach a copy of your Fictitious Name Registration withthe Florida Department of State.

RESS:

MAILING ADRESS:

BUSINESS TELEPHONE (land line): FAX NUMBER:

CELL PHONE NUMBR:

E-Mail Address:

Web Site Address:

11 lA) ALL OTHER VEHICLE FOR HIRE BUSINES$ NAME$I\'r \'-lDo you the individua, the partnership or corportion currently operate or have you previouslyoperated under any business names other than the name you are presently using?

YES NO

lf YES, please list such names below:


2(1). (B) BUSINSS INFORMATIQN (continued):lf Sole Proprietorship (lndividual or Fictitious Name Ownership), please provide the following:Name:

Address:

Work Telephone:

Cell Phone:

Fax:

E-MailAddress:

Statq -J-l-

-l-l-(Exp. date) (Date of birth)(Driver's license number)

PAqTNERhllP,: Please list all general and limited partners.

Name:(Lst, First, Ml)

Address:

Work Telephone:

Cell Phone:

Fax:

E-MailAddress:

(Driver's license number)statq

-l-l- -J-l-(Exp. date) (Date of birth)

Name:(Last, First, Ml)

Address:

Work Telephone:

Cell Phone:

Fax:

E-Mail Address:

State: -/-/-

(Exp. date) (Date of birth)(Driver's license numbor)


3(r) (B) BUSINE9S INFOFMATION (contnuedi:CORPORATIQN: Please list all corporate officers and directors

President:Address:

Work Telephone: Cell Phone: Fax:

(Exp. date)

Federal Tax lD:

(Date of birth)(Driver's license number)

E-Mail Address:

Vice President:Address:

Work Telephone: Cell Phone: Fax:

State: I I(Exp. date) (Date of birth)(Drive/s license nurnber)

E-MailAddress:

Secretary/Treasurer:Address:

Work Telephone: Cefl Phone: Fax:

t___J_ _t**J_

(Exp. date) (Date of bir{h)State:

(Driver's license number)

-Mail Address:

Director:Address:

Work Telephone: Cell Phone; Fax:

(Driver's license number)

E-Mail Address:

(Exp. date) (Date of irth)


4(1) (c) BU$NFss pt$PUTE QNAC:Name;

Telephone:

E-Mail Address:

(1) (D) YP.F gF EUflNFF$:Please check all that apply to your business.

Non-Medical Transport

Van/Shuttle

Sedan

Limousine

Taxicab

SUV

(2) p'ARTHHts$llrP RCORPRATION D9GUIIHNTATIQN:PLEASE ATTACH A COPY OF THH FIRM'$ PARTHERSHIF AGREEMHNT; OR' IFA CORPORATION, A COPY OF YOUR FIRM'S CORPORATION REG$TRATIONWITH THE FLORIDA DPARTMENT CIF STATE.

State of Florida Corporation Document Number

I3I FICTITOUS NAME REGISTRATION\- /Please attach a copy of the fictitious name affidavit if you are currently doing business under aname other than your true name,

State of Florida Fictitious Name Registration Number:


(4) RAL$ qFp,ll OUNTY Lol- BUSlhf HSp TAX REC_EJPT (former{! occupationalLicense):PLEASE ATTACH A COPY OF YOUR CURRENT PALM BE.ACH COUNTY LOCALBUSINESS TAX RECEIPT. FAILURE TO HAVE A GURRENT PALM BEACH GOUNTYLOCAL BUSINES$ TAX RECEIPT WILL RSULT IN THE DISAPPROVAL OF YOURLICENSE APPLICATION UNTIL SUCH TIME THAT A PALM BEACH COUNTY LOCALBUSINESS TAX RECEIPT IS OBTAINED. THE ADDRESS ON YOUR LOGAL BUSINESSTAX RECE|PT qUST MATCH THE pf-,rYSrCAL ADJ?RES YOU ARE REGISTERING WITHOUR OIFCE.

(5) flrf$UtsANcE FYERAGH:Please have v,guf, insqtpnce aqent/cgmpanY fax, e-mailor send by U.S. Mail the requiredinsurance certificate for your business PRIOR TO SUBMI$$lON OF APPLICATION.

I nsurance certificates MUS:

n Provide an endorsement for 30 or f 0 days written notice to Palm Beach Countyonsumer Affairs of any material change, expiration or cancellation of the policy. SeePalm Beach County Code, Chapter 19, Article [X, Section 19-226.

o List each and every driver and vehicle (Year, Make and Vehicle ldentification Number -VIN) regstered with Consumer Affairs.

cl At least $300,000 in commercial automobile liability insurance for injuries peroccurrence oraccident.

o At least,$l25,000 for injuries per person in any one occurrence or accident.

o At least $50,000 for property damage in any one occurrence or accident.

OR; $300,000 Combined Single LimitAll insurance policies shall be issued by insurance companies licensed and admittedto write commercial automobile liability insurance in the $tate of Florida, Palm Beach CountyCode, Chapter 19, Article lX, Section 19-226.

Must show Palm Beach County Consumer Affairs, 50 S. Military Trail, Suite 201, WestPalm Beach, FL 33415 as a "ertificate Holder" on your insurance ceftificate (fornotification pu rposes).


6(6) (1 ) SUSPENSION/REVOCATION:Have you ever had a vehicle for hire permiVlicense suspended or revoked by a governmentagency? (Please include suspension for expiration of insurance coverage.)

YES NO

lf yes, please provide the following information:

Agency/Location:

Date(s):

Action (license action, judgment, etc.):

(s) (2) cvrL AcnoN oR PENALTY:Have you/your business, or any of your directors, officers, owner$ or general partners have orhad any unsatisfied civil penalties, judgments or administrative orders in any action brought byPalm Beach County Consumer Affairs, or any governmenl agency, under the requirements ofthis or a similar Ordinance? (Section 19-218)

YES NO

OF VHICLE(7)Please provide a description of the current colors and markings of your vehicle(s):

Color Scheme:

Must provde three 8" x 10" color photographs showing the chosen color scheme andsignage of the front, side and rear views of the fleet. (Section 19-220)

I8) MCHANICAI/SAFETY INSPECTION:Attach the original Mechanical/Safety lnspection Form for each vehicle that is older than 1 modelyear. Each vehicle (that is older than 1 model year) must be inspected by an AS CertifiedMechanic. The inspection forms are available online at: www,bcgov.comlco-nsumef orfrom the Consumer Affairs'Office. Any vehicle older than seven (7) years based on theregistration of said vehicle or when the vehicle exceeds three-hundred fifty thousand (350,000)miles, whichever is first, shall be required to pass a bi-annual inspection. Note: There is no agelimlt on model year.


. (9) ,REGISTRATION OF V,HICLE(S) - lf you are requesting an AIRPORT DECAL please check

the appropriate box..

Please list allvehicle(s)to be registered in the blank boxes below:.

*"Leqend: L=Limousine, V=Van or Shuttle, N=Non-Medical, T=Taxicab, S=Sedan, SV=SUV**

YEAR MAKE MODEL

*#

COLOR

FLORDATAGNUMBER

VHICLETDENTIFICATION NUMBER

PLEASECHECK IFREQUESTINGAN IRPORTDECAL FORTHIS VEHICLE

TYPE OFVEHICLE

**SeeLegendabove

TAG XP.DATE

YOUR CAR NUMBER


B.(9) REGISTR.ATION OF VEHICLES (continued):

YEAR MAKE MODEL

'{r+

COLOR

FLOR]DATAGNUMBER

VEHICLEIDENTFICATON NUMBER

PLEASECHECK IFREQUESTINGAN AIRPORTDEGAL FORTHS VEHICLE

TYPE OFVEHICLE

t*SeeLegendabove

TAG EXP.DATE

YOUR CAR HUMBER

Number of PBC Vehicle Decals being requested at $100.00 each:

Number of Airport Decals being requested at $50.00 each:


ovEHtcLE F',oR HIRF pRlY,FE INF9,FMAoN(10) pRlvERrNoRMAiloN:Please list the following information on each vehicle for hire driver working on a contract, lease, part-time, or full-time basis with your firm. Each Driver listed with your business must have a Palm BeachCounty Driver's lD Badge.

(a) otal number of drivers:[NOTE: YOU MUST PROVIDE A STREET ADDRESS. POST OFFICE BOXES OR MAIL DROPSwrLL NOT BE ACCEPTED.I

DRIVER'S NAME/HOME TELEPHONENUMBER

HOME ADDRESS/CITY, STATE ZIP

DRIVER'S LICENSE NO.,EXPIRA,TION DATE

BIRTHDATEmm/ddlyyyy

DRIVR'$PERMITNUMBER(DP#l

1

2

3

4

5

6

7

I


10

(b) DSIVER LISTING (continued)

DRIVER'S NAME/HOME TELEPHONENUMBER

HOME ADDRESS/CITY, STAT, ZIP

DRIVER'S LICENSE NO./EXPIRATION DATE

BRTHDATEmm/ddyyyy

DRIVER'SPERMITNUMBER(DP#)

10

11

12

13

14

15

16

17

1B


11

Agreement for Vehicle for Hire Business ApplicationAs the owner, partner or corporate officer of this vehicle for hire company:

1" I agree to abide by the conditions and requirements of the Palm Beach CountyCode, Chapter 19, Article lX

-

Vehicles for Hire.

2. This is to attest that all drivers have been approved by a commercial automobileliability insurer.

3. This is to attest that all vehicles registered with the Division have the requiredcommercial automobile liability insurance,

4. I understand my company is required to notify the Division, in writing,immediately but no later than 10 business days from the date that a driver is nolonger insured by the commercial automobile liability insurer.

5. I understand that decals issued to vehicles no longer operating for my businessshall be removed and surrendered to the Division within 10 business daysfollowing the removal of a vehicle from service or termination of a driver'semployment/contract.

6, This application is true and correct to the best of my knowledge and belief.I have fully read and completed the application for a vehicle for hire business permitthrough the Palm Beach County Consumer Affairs Division.

I acknowledge that omissions or false statements will be grounds for revocation,suspension or non-issuance of the vehicle for hire permit and decals.

$igned: Date:(owner, partner, or corporate officer)

Print Name:(owner, partner, or corporate officer)

Title:


12

Addendum 1Palm Beach County Vehicle for Hire Fermits

Please complete and return with your application.

The Consumer Affairs Division is n the process of expanding the information we maintain concerningyour business. This additional information will be provided to consumers who request your "Businessinformation Report" and some of the information will be posied on our Internet Web site where welist all vehicle for hire companies licensed/permitted to operate in Pafm Beach County.

For those companies with an Inlernet site - we are planning to have a direct link from the ConsumerAffairs'site (listing licensed vehicle for hire companies) to your site. You will be interested nknowing tfrai ttre Consumer Affairs Web site has from 30,000 to 40,000

*hits" each month'

please complete the following informaton and return this with your application:

l. Name of person in your company responsible for handling consumerdisputes:

Phone number of person handling disputes: (-)year your business was established and has been operating continuously in

Palm*tsea"h.punf,y since: #Does your vehicle for hire company have a business/official affiliation with another company(i.e., limousine company, etc.)?

If YES, name of comPanY:

Mailing address:

City: State:

E-Mail address of affiliated company:

Web site address of affiliated company:

2.

3.

Zip:

Rlonsumer A(arrsVFH\ApplicalioDs ' Buslns & Drivert6-18-201 3VFHBuslnFssApiclonPackolchangasUP0ATEDT-1 1'1 3.docx


13

Palm Beach CountyConsumer Affairs Division50 South Military Trail, Suite 201West Palm Beach. FL 33415Phone: (561) 7L2-66AO Fax: (561) 7I2-66L0

If you wish to pay by credit card, complete the "Authorization for payment by CreditCard" in its entirety.

AUTHORTZATION FCIR PAYMENT BY CREDIT CARD

TYPE OF CREDIT CARD: (Please X type of credit card payment)

D VTSA D MASTERCARD N T,TSCOVER

Issuer of credit card (Exampte: api_tqlone, wachovia. Bank of America. etc,):

Name o

Documents

Class action lawsuit against Palm Beach County claiming Uber received special treatment