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Palm Beach-Uber Class Action Lawsuit PDF
Palm Beach-Uber Class Action Lawsuit PDF
CASE NO:
CLASS ACTION
political subdivision
Defendant.
I
CLASS ACTION COMPLAINT
AIA
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
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 disparate
treatment 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 Beach
County 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.
behalf 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 situated
entities 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.
4.
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.
5.
business in Palm Beach County, Florida and conducts business in Palm Beach County, Florida
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
juris.
7.
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 and
l
8.
g.
sui
juris.
State of Florida.
10.
This Court has jurisdiction over this matter pursuant to the Class Action Fairness
11.
Venue is proper in the Southern District of Florida, Palm Beach County, pursuant
to 18 U.S.C.l3gl,because
ilI.
GENERAL ALLEGATIONS
A. PALM BEACH
12.
Chapter 19, Article IX of the Palm Beach County Code (the "Code"), known as the
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 a
business permit; c) maintain specific records; d) compty
appearance
requirements; 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
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.
F'ROM
14.
Francisco, 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
15.
Upon information and belief lJber entered the Palm Beach County market in or
At the time it
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.
County 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
17.
"A".
Significantly, the AIS reflects that PBC clearly understood and considered that
Exhibit "A", p. 1 (emphasis in original). The AIS also recounts the history between Uber and PBC
and 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:
At the BCC's
January 27th
staff
was directed
Workshop on network transportation companies,
to issue a cease and desist letter to Uber and to file an injunction if
the County's demand wasn't met within 10 days. The letter was
issued on January 29. Staff was also asked to provide an update at
the February 3'd BCC meeting, which resulted in the Board's
authorization to hold off on the filing of an injunction and to bring
back an operating agreement on March 10th. A revised compliance
letter was sent to Uber on February 5th reflecting the BCC's
direction.
Exhibit "4", p.
(emphasis in original). The AIS also reflects that Uber would pay Palm Beach
County $15,000 for "administration and enforcement costs related to the TOA." Exhibit "A".
18.
in
other
jurisdictions, the AIS reflects that the Palm Beach County Attorney "extensively" reviewed
agreements reached between Uber and other jurisdictions and had discussions with other local
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
1 (emphasis added).
19.
The TOA was signed by Rasier and the PBC Attorney on March 9,2015. A true
"B".l
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)
2I.
"B",l[I.Q.
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
obtaining a county vehicle for hire permit, a vehicle decal and a driver's
;
b.
I.D. badge. The TOA does not impose that requirement on Rasier;
'
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
charge, a
lThe copy of the TOA attached hereto is signed by the PBC Attorney and Rasier, LLC. PBC is
in possession of the fully executed copy of the TOA which includes a signature on behalf of PBC
by its Board of County Commissioners. Plaintiffs are not in possession of that fully executed
copy.
the
obligation to notiff the Division within 30 days as required under the Code;
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.
d.
Section l9-2I5(a) of the Code makes it unlawful for any VFH company to
advertise VFH services without obtaining and maintaining a valid VFH
business permit and vehicle decal. Moreover, the Code provides that any
of
the
number. The TOA does not address advertising at all and therefore
does
Division for a business permit and to obtain one before operating a VFH
company. The TOA does not require Rasier to apply for or obtain
business
permit.
valid VFH driver's I.D. badge. The TOA does not impose this requirement
on Rasier.
(t
.
Section l9-218(h) of the Code provides that each VFH business in Palm
Beach County must secure a business operating permit and maintain a
in Palm Beach
Section l9-218( of the Code provides that a VFH company shall sign an
affrdavit 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.
are
required of vehicles over seven (7) years old or that have more than 350,000
j.
Section l9-221(a)-(k) of the Code requires VFH companies to apply for and
ffid further
imposes additional
requirements relating to such decals. The TOA does not impose any vehicle
decal requirements on Rasier.
k.
Section 19-225 of the Code sets forth various requirements for vehicle
a 3 part inspection
Rasier.
m.
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.
n.
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
Application for Vehicle for Hire Business Permit and Vehicle Permit is
attached hereto as Exhibit
"C", .
follows:
as
2) $100,000 for bodily injury to all persons in any one accident; and 3)
$25,000 for property damage in any one accident.
o.
Section l9-226(b) of the Code provides that such insurance policies shall
be issued by
to
write
10
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
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."
q.
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.
resided
If a driver
has
Section l9-227(a)(14) of the Code fi.rther provides that all VFH drivers
with current driver I.D. badges are required to notiff the Division within ten
l1
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
Section l9-227(c) of the Code further requires that VFH drivers and the
companies 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.
w.
the
application. The TOA does not mention or impose this requirement at all.
X.
hours
required vehicle trip manifest prepared by the driver and maintained by the
t2
The TOA does not limit Rasier drivers from driving more than twelve
cumulative hours within a twenty-four hour period, require Rasier drivers
Section l9-227(k) of the Code requires that VFH drivers maintain a certain
appearance, wear a collared shirt, long pants
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.
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.
22.
CLASS ALLEGATIONS
Plaintiffs in this action are all VFH companies conducting business in Palm Beach
23.
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:
13
24.
Plaintiffs brings claims for damages, declaratory relief and injunctive relief against
PALM 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, legal
representatives, successors or wholly or partly owned subsidiaries or affiliates; (2) class coursel
and their employees; and (3) the
1.
26.
23(aX1) - NUMEROSITY
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) VFH
companies. 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.
27.
23(aX2) - COMMONALITY
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 that
the TOA violates Plaintif' and the Class' right to equal protection of law;
c.
a VFH
and
d.
T4
damages
for
the
3.
28.
23(aX3) - TYPICALITY
The claims asserted by Plaintiffs herein are identical to those of the Class.
4.
29.
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.
30.
23ft1(1Xa)
Prosecuting separate actions by individual members ofthe Class will create the risk
establish incompatible standards of conduct for PBC. Therefore, class treatment is appropriate.
6.
31.
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
dispositive
of
thei interests
be
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.
15
7.
32.
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.
33.
23ftX3) _ PRBDOMINANCE
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
the
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
34.
35.
36.
Plaintiffs have a right to equal protection under the law under the Fourteenth
16
37.
equal
38.
The TOA, on its face and as applied, is unconstitutional because it treats Plaintiffs
on 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 to
waive rules, laws, and codes for Rasier that remain in full force and effect as to Plaintif.
40.
chosen
would otherwise apply to Rasier, and has thus discriminated against Plaintiffs in favor of Rasier.
41.
interests. 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.
damages.
WHEREFORE, Plaintiffs seeks ajudgment against PBC for direct damages, consequential
damage s' intere st'
43.
""
de
:: i;ff
ems appropriate
Jr:;;;i
L7
44.
Given the aforementioned conduct and allegations, Plaintiffs seek a declaration that
PBC's agreement with Rasier violates their right to equal protection of the law, and therefore that
the TOA is unconstitutional and unenforceable.
45.
company 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
46.
Defendant's actions are ongoing, and there is a bona fide, actual, and present need
their right to equal protection of the law, and therefore the TOA is unconstitutional
unenforceable, and a declaration that Rasier is operating as a VHF company
and
in Palm Beach
County, and is therefore required to comply with all laws, codes, and rules applicable to Plaintiffs.
COUNT
47.
Paragraphs
III - INJUNCTIVE
RELIEF'
I through 33.
48.
As stated above, PBC'S agreement with Rasier violates Plaintif' right to equal
protection of the law, and therefore the TOA is unconstitutional and unenforceable.
49.
Rasier
Absent injunctive relief from this Court, Plaintiffs will suffer irreparable harm, and
50.
There is no adequate remedy at law that may serve to prohibit PBC from carving
out 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.
18
51.
The threatened injury to the Class outweighs any injury to PBC, which may not
selectively 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
TWHEREFOR-E,
will
WHEREFORE, Plaintiffs, on their behalf and on behalf of all others similarly situated,
pray for the following relief:
a.
b.
'
c.
d.
A Declaration that PBC's agreement with Rasier violates their right to equal
protection of the law, and therefore the agreement is unconstitutional and
unenforceable;
e.
f.
State
and County applicable to Plaintiffs' business for the benefit of any VFH
company willing to pay PBC to do so;
g.
u.s.c.
h.
$1983;
An order awarding Plaintiffs and the Class attorneys' fees, costs, and
expenses incurred in this action; and
19
i.
For such other and further relief as this Court deems just and proper.
I't
day of
May,20l5.
Respectfully submitted,
and
Robert T. Slatoff, FBN 816116
Constantina Alexandrou Mirabile, FBN 90853
20
EXHIBIT 6(A')
Agenda ltem
#: 5B-3
AT}D.ON
epartment
Submitted
By:
COUNTY ATTORNry
Submitted For:
. EXECUTIVE BREF
Motion and Ttlel Staff recommend motion to: approve a Temporary Operating
Agreement (TOA) behrrreen the County and Rasier, LLC, a subsidiary of Uber
Technologies, lnc. (Uber) allowing Uber to operate as a vehicle-for-hire company in Palm
Beach County.
Summary: The OA sets forth the terms and conditons that Uber agrees to comply with
ln order to operate in Palm Beadl Counff. The agreement includes insurance, background
checks, drver hstory reports and standards, and vehicle sfety reiquiremenb, as well as
other provisions, including the payment of $f 5,000 to the County for administration and
enforcement costs reJated to the TOA. couryg'ite (D!,N)
Background and Folicy lssuee: At the BCC's January 27rh workshop on network
fansportation companies, staff was directed to isue a cease and desist letter to Uber and
to file an injunction ifJhe coungs dmnd wasn't met within 10 days. The tter was
issued on January 2gh. staff wai also asked to provide an update attn'e rebruary 3d Bcc
meeting, which resutted in the Board's authorization to hold off on the filing of an injunc{ion
and fo bring back an operatig agreement on March 10th. A revised compiiance leiterrrras
snt to Uber on February 5h reflecting the BCC's direction.
County Attomey statr has extensively reviewed agreements that have been reached in
otheriurisdictions in addition to other related regulatory docurnents and information. Staff
also had numeross onversations with other local government legal offices in Florida and
across the nation- The TOA being recommended substantally addresses the concerns
raised bythe Board, n partcular, insurance and background checks. Otherareascovered
inelude, but are not limited to, driver history reports, driver requirements, drtver/vehicle
identification, vehiclesafety lnspections, surge-pricing, accessibility, communityoutreach,
administrationandenforcementpaymenttotheCounty,andindemnifrcation. Further,the
Department of Airports, after independent conversations with uber, has provided e
language ound in the TOA that specificalty addresses airport operations.
(Continued on page 3)
Attachments:
1.
Recommendad by:
Approved by:
A"
FiscalYears
20{5
2A1e
zfi
20f8
2019
Capltal Expendiurcs
Operating Gosts
($1,ooor
External Revenues
Progrcm lncome (County)
ln-Kind ltllatch (Gounty)
NET FTSCAL TMPACT
+($tS,OOOr
BudgetAccountNo.:
Yes_
No_X*
Gategory-
f *ra se rR.t'rs.5
III.
RIEUT COMMENTS
=/qus
Department Director
THIS SUIIMARY S NOT TO B USED A,S A BASIS FOR PAYITENT.
f:
It must be emphasized that the TOA is exaclly what it says it is...temporary' The
Consumer Affairs Division has already commenced revew of the cunent VFH ordinance
and will be making a recommendation at a later time, presumably far before the TOA's
September 30m expiration date. While the TOA is basically a negotiated produc't betvueen
the parties, any ordinance review and revision will incfude all nterested parties, including
the 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 including
Uber. 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 regufatory
framework consistent wi&r the TNC modelfor the County to allow Uber to operate and,
therefore, approval of the TOA is recommended.
EXHIBIT
onB))
_day
Sn Franciscq
rcfrred
to
is
1455 lvfrket
rqulatiols;
and
.\y'FH
NOW THEREFOE:
I.
A.
digitalplafom.
(fNC)
Page
I of9
B,
II.
mardafed by Ftorida laws peaining to insumco, including but not limited to,
auomobile liability insurancq and shall provide proof of said compliance. The
t.
psrsons
in my
($25,000) for property damage in any orc (1) accidcnt; in ttrc event the
Rasier Paer's owu insurauce is not available;
2.
'
Sury aadroperty
of at
least
damage;
auy
Iu ary
Page 2
of9
3.
4.
least S1$00,000 per occurrertce for tbe driver for incidens invoiving the
driver while providiug TNC'serviccs. Rasier's policy shall provide blaket
coverage for non-o'umed afomobilcs active on the Rier pla.fom.
5.
6. No contractral
ofthis Agreement.
ofris Agreement.
. Driver Re$lrEmen. Rier shall esure that all Rier Partners are at least
tweaty-one (21) yes of age; possess a valid Florida drver's license or is
Page 3
of9
E,
t. Footbrrakes;
2. Emergeucy parking brake;
J. Suspenson/steering meohauim;
4. Wirylshield;
5. Rea windowaud other glass;
6. Windshield wers;
7. Headlights;
8.
9.
Tai[iehts;
T\rm irdicatorlights;
Page 4
of9
H.
I.
J.
a 24-hor
if
any.
L.
ren a porental ddc rcqusts a ride; (2) Inolude a feture that requir riders to
conftmthd thuy rndcmtandthatdlmamio pncing will be appliedin oder forthe
o be completed; and (3) kovide afarc estimator that enables the rxer
to estimate the cost nnder dyaamic pricng prior to equestfug re rid.
ride request
N. T$iqa Zores.
Page 5
of9
pas$engers. Rasier shall also coudrct ouueach to commrrities that ate of lovcn
social eonomic sfratawitho adcquate taosit options with the goat of increased
access to traxspoation options. Raser shail rcpoEt to the Cormty the
effestiveness ofboth outeash effor on or before Septenrber 30, 2015.
covr any administative antl regulatory costs associatod wfth rhis Agrent and
Rsier's operatons in Palm Beach County for one yar om the effcctive date of
this greemerr Ia the sye! rhis Agreemnt is not extended beyoud
Septenrber 30, 2015, Rsier's pymeut shall be edifd toward ay fee that t is
rcquired to pay under a zubseent Agrcement or Cormty ordinnce govenring
TNC operatiors in the County such at Rasie('s S15,000 paymert will app
toward one year of operations omte effective date of ths Agreemeart.
R. Airgo{t
to o om the
"4"
to this greesent
S. ,{udt
Uponthe Cormty's
T.
obtaincd
Page 6
of9
disclose.
Corrnty agrees as follous:
A.
Rasier may opra in Palm Beach Courty so long as Rasier and Rasier Pahqs
complywiththe terms and corditions sef forth inthis Agreemerf,
B.
ie VFH
ry.
Genersl Provisions:
A.
trsctive Dteferft. This Agreement goes into effect on the date of approval by
the Board of County Commissioters on behlf ofthc Coumy and coutinues infill
force md effect ttil and through Sepember 30,2015, udess othennise extended
by both parties in writiug.
C. Enforcemsnt
Agreemt Fih to
D. No Recourse. No
Agreeme,nt
will not be
constnred
in
auy
F.
".{,"
constites the
Page 7
of9
or afr the te, of this .Agreeent, slrlt harve any legal forc or
cffect unless properly executed iu witing by Rasier and the Couuty.
G' Appliceble
I'
claim if such defes is relevant and a oourt has determined thie defense does
not bar the claim; or (2) the cormty is not covered for the claim rmder the
lnsyancg policy described in section I(,{X of this Agrcemonr. Ths
Page
I of9
.ATTEST:
SHARONR.BOCK
CLRKE COMPTROLLER
By;
Bvl
Deputy Clerk
SHBLLEYVAA'lv{AYOR
(sEAL)
COUNTYATTORNEY
DATED:
,3 | oo,ltntd
ATTEST:
RS&rLC
Bv:
'Acolof\*
hx,t [aw+ittt*
Tlpe or kintNarne:
Leunas.-r
'
Title/Position:
Page 9
of9
EXHIBIT
"A'
L. Rasier acknowledges fhat Cormty ows and operates the Plm Beach lternational
Airport ("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 this
Agreement Rasier d Rasier Partners shall conply with all applicable require,nents of the Palm
Beach Couty Airport Rules and Regulations adopd by County Resolution No. R-98-220, as
no or hereafter amende4 and any succssor ordinance or resolution regulafing activties or
operations on the Airpod (Airpod Regul*ionsJ, while engaeing in ground tasportation.
activities onthe Aort, subject to theprovisions offhis Agreemeirt.
2.
tle Airpon
Road (North bounday); westem edge of Militaqy Trail (rest boundary); eastem edge of
Australia* 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 Rasier
Partrer is illegalty siaging on any adjacent Corrnty-owned properties, including but not limited, to
the Arport Cenhe complex [ocated northwest comer of I-95 and Southem Boulevad or the
County-oumed propelies locatcd north of Belvedere Road and west of Mitiry Trait, the
Deparffient may rcquest the suspenson or termination of the Rasier Padner in accordance with
Sec'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 locatod
anywhere within the Geo-Fence. A,t all times during the tcrm of this Agreement, County shall be
capable of veri$ing that Resier has incorporated the Geo-Fence throug the ber app. Rasier
shall noti$ 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 RaEier
Paten to provide appropriate eas for the staging of Rasier Partner Vehicles while waiting for
potential passengers.
3.
Within fiftee (15) days of the date of this Agreement Rasier shalt issue ro each
Rasier Parbrer authorized to provide TNC Services on the Airport with tade dress that shall be
affixed to a Rasier Partrer Vehicle and shall identify the Rasier Parrer providing TNC Services
for Rier. Trade dress shqll allow County to identify Rasier Partner Vehicles at a distanc of up
to fty (50) feet at all times q'hen such vehicles are within the Geo-Fence. Prior to issuance of the
kade dress, the size, format ard cbntent ofthe trade dess shall be provided by Rasier to the
Deparnent for review and approvatr.
4.,
\trhen pmvidinC TNC Services on the ,A.ort, Rasier shall snsure that Rsier
following quiremen:
A.
Pa I of3
B.
or
dopped
off
shall be documented by
an
electronic reserrtion before the Rasier Patner crosses the Airpon's GeoFence. Rasier Parfrprs sball not enter the Airport's Geo-Ferce without a
valid elecuonis restrcslion. Each Rasier Parher sball present his or her
any
driver's license and electronic reservatiou for inspec'tio
to
C.
Rasier Partners shall ony load and rnload passngers in those locations
designated by rhe Deparment for the piclarp and drop off passangers
D.
If
5.
In order o assis{ Couty in deteunining the impact of the TNC Sersices by Rasier
Partrers on the Airport roadways ad facilitiEs, Rasicr shall provide to the Departuent a report
tat contains ttie following infonnation on or before the twentieth (20) day of each and every
month while this Agremrent remains n effect ('Monthly Report'):
A.
Aort
B.
Aort drling
during the
the
The form and substauce of the Montrly Regort shsJl b reasonably ccptble to the
Deparment.
6. The Monthly Report shail bc delivered to fhe following addcss: Palm Beach
County 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 om
time to time. The Departnent may require the Monthly Rport to b submitted elechonicall to
E\hibit"A"
Pe2 of3
Deparurenf
'1" Rasier shall pay to County an aort access fee of One Thousand Two Hundred
Fiffy Dollars ($150.00) per month ("Airport Access Fee') for fhe uos-exclusive right of ingress
and egress acoss the Aort access roadways by Resier Partners for tlre condrct their pennitted
grouud transportation oper'ations hereunder in accodance with the terms, conditions and
limitatious 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 throughout
the term of this Agreement atd any extenson thereof, If the effective date of this Agreement
occlrs on any day other than th first (t} V of the montlr, Rasier shall pay the r4,ort ccess
Fee 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 date
occws)- Any payment due hereunder for any othEr fractonal month shall likewise be calcutded
aud paid on a per diein basis. The Airport Accesg Fee shall be made payable to Palm Beach County
and deliveed the following address: Palm Beach County epartuent of Airports, Attn: Finance
ivision, 846 Palrn Beach Intematioual - rpor! West Palrn Beach, Florida 33406, or to such ot}er
address as may be direcd by Dqartment from time to time.
8.
the eve,r the Departnent has reasonably determined that a Rasier Parher has
violated fhe requirements of this Exhibit "'4", Rsief, shall suspen o,r terminate the Rasier
Partner's authorization to egage inpiok-ups at the Airport as diected by the Departnrenr The
Deparmenfs determination of \hether to suspend or terminate the Rasier Parlerns
authorization to engage in pick*ups the Airport shall depend o the natue ofthe violation aad
whether the Rasier Partrer has previously violated tbe requiremcnts of this Exhibit *4",
9. Couny, with the Deparhent acting on behaH of County, may terminate the
provisions ofthis Ertibit "A", wth or without cause, qpon thirfy (30) days prior written notice to
Rasier,
E!(bibit'n
Page 3
of3
EXHIBIT
$C))
1.
Palm Beach County Local Business Tax Receipt from'thc Tax Colleotor's Office (561)'355-226+ (wwW.pbcqov.co{n/tax)
available from the following locations (address MUST match the physical address of your business):
301 N. Olive Ave, 3r Floor, West Palm Beach (Governmentalente$ 501 S. Congress Ave, Delray Beach
200 Civic Cenler Way, Royal Palm Beach
3188 PGA Blvd., Palm Beach Gardens
3551 S. Military Trail, Wesl Palm Beach (south of 10r'Ave N)
Z"
3.
Articles of lncorporation AN/OR Fictitious f'lame Registration (whichever is applicable * from the State of Florida), (850)
488-9000 or www.sunbir.orq
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
$50,00 for property damage in any one occurrence or accident
OR
The Certificate of insurance must have the following lisfed: vehicles and drivers rnsured and as a certificate holder:
PBC Consumer Affairs Division
50 S. Military Trail, Ste 201
West Palm Beach, FL 33415
The Certificate of lnsurance must come directly from the lnsurance Agent/Company by fax, email or US Mail.
4.
5.
Copies of Vehicle Registrations for each vehicle to be permitted with our office.
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. The
orm 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 service
business, must submit to the Division wth thlr initial application, thrce (3) cotor photographs, not less than 8" x 10" size on
photographic 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 the
company 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 transportation
services at Palm Beach lntemationalAirport (PBIA) will be requhed to have an airport ground transportalion decal affixed to
every vehicle. lf you re requiring an Ahport Decal, please submit documentation showing which vehicle(s) you are registering
for an airport decal, Airport Decal Fee is $50,00 per vehicle.
*:.u.!pATES:
"(i)
All new Taxicab companics submitting an application for a business peimit pursuant to'secton l9-2t$ on or after June 1, 2013, shall have a minimum of seven l7l
!e-s'tit-c-flpJ'(3}AltnewVanlShuttlocompaniessubmitlinganapplicatlonforabuslness
permit pursuant lo seclion 19.218 on or after Jue t, 2013, shall have hil,ntli'pt'pllfi;lll $Ft#$,,r '
submlnS n application
alication
iho rates for
hntinn accessible
anqsibtc vehicles shall not
nor dffer lrom lhe rates
rls charged
charoed to non.disablod passengts,
assenorc, (41All
l4l All new Limousine
LimoUsine companies submlng
The
'rc rar handicap
for 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
()
vEHIcL orutv
Fleose pay by check, money order, VisA lldasferard, or Discover payable to the
Board af Gounty Commissioners. ICASH WILL NOT BE ACCEPTE/
Business Name:
dba:
IN ACCRT}ANCE WTH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES
ACT, THIS APPTICATON MAY BE REQUSTED IN AN ALTERNATIVE FORMAT.
PLEAS CONTACT THE DIVISION OF CONSUMER AFFAIRS AT THE ABOVEREFERENCED TELEPHONE NUMBERS.
u.qr^rss tJqqRnt
no,\I
:
(1) qpSNESS INFORMATIONI Please eheck box below noting present legal status of business,
Corporation
Partnership
Sole Proprietorship
(lndlvldual or Ficlitious Nme
Ownership)
[NoTE: Yop MUSJ PFV|,DFA STEEr ADPRES$. Posr oFFlcE BoxEs oR MAIL RoPs
wtLL NOT B ACCEPTE.!
NAME OF BUSINE$$:
D/B/A:
tf operttng udl fitde nme, please attach a copy of your Fictitious Name Registration with
the Florida Department of State.
RESS:
MAILING ADRESS:
FAX NUMBER:
11
lA)
\'-l
\'r
Do you the individua, the partnership or corportion currently operate or have you previously
operated under any business names other than the name you are presently using?
YES
lf YES, please list such names below:
NO
(1). (B)
lf Sole Proprietorship (lndividual or Fictitious Name Ownership), please provide the following:
Name:
Address:
Fax:
Work Telephone:
E-MailAddress:
Cell Phone:
Statq
(Driver's license number)
-J-l-(Exp. date)
(Date of birth)
-l-l-
Address:
Fax:
Work Telephone:
E-MailAddress:
Cell Phone:
statq
(Driver's license number)
(Exp.
-l-l-
date)
-J-l(Date of birth)
Name:
(Last, First, Ml)
Address:
Fax:
Work Telephone:
E-Mail Address:
Cell Phone:
State:
(Driver's license numbor)
(Exp.
date)
(Date of birth)
-/-/-
(r) (B)
Cell Phone:
Work Telephone:
Fax:
(Date of birth)
(Exp. date)
E-Mail Address:
Vice President:
Address:
Fax:
Cell Phone:
Work Telephone:
State:
(Drive/s license nurnber)
I
(Date of birth)
(Exp. date)
E-MailAddress:
Secretary/Treasurer:
Address:
Fax:
Cefl Phone:
Work Telephone:
t___J_
State:
(Exp. date)
_t**J_
(Date of bir{h)
-Mail Address:
Director:
Address:
Work Telephone:
(Driver's license number)
E-Mail Address:
Fax:
Cell Phone;
(Exp. date)
(Date of irth)
(1)
Non-Medical Transport
Limousine
Van/Shuttle
Taxicab
Sedan
(2)
SUV
I3I
\- /
(4)
(5)
flrf$UtsANcE FYERAGH:
Please have v,guf, insqtpnce aqent/cgmpanY fax, e-mailor send by U.S. Mail the required
insurance certificate for your business PRIOR TO SUBMI$$lON OF APPLICATION.
I
List each and every driver and vehicle (Year, Make and Vehicle ldentification Number VIN) regstered with Consumer Affairs.
cl
o
o
(6)
(1 )
SUSPENSION/REVOCATION:
Have you ever had a vehicle for hire permiVlicense suspended or revoked by a government
agency? (Please include suspension for expiration of insurance coverage.)
YES
NO
Agency/Location:
Date(s):
AcnoN oR PENALTY:
Have you/your business, or any of your directors, officers, owner$ or general partners have or
had any unsatisfied civil penalties, judgments or administrative orders in any action brought by
Palm Beach County Consumer Affairs, or any governmenl agency, under the requirements of
this 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 and
signage 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 model
year. Each vehicle (that is older than 1 model year) must be inspected by an AS Certified
Mechanic. The inspection forms are available online at: www,bcgov.comlco-nsumef or
from the Consumer Affairs'Office. Any vehicle older than seven (7) years based on the
registration 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 age
limlt on model year.
(9)
,REGISTRATION OF V,HICLE(S)
the appropriate box..
MAKE
VHICLE
*#
FLORDA
TAG
NUMBER
COLOR
TAG XP.
MODEL
DATE
TDENTIFICATION NUMBER
SV=SUV**
PLEASE
CHECK IF
REQUESTING
AN IRPORT
DECAL FOR
THIS VEHICLE
TYPE OF
VEHICLE
**See
Legend
above
.(9)
YEAR
MAKE
MODEL
'{r+
COLOR
FLOR]DA
TAG
NUMBER
VEHICLE
IDENTFICATON NUMBER
TAG EXP.
DATE
PLEASE
CHECK IF
REQUESTING
AN AIRPORT
DEGAL FOR
THS VEHICLE
TYPE OF
VEHICLE
t*See
Legend
above
vEHtcLE
pRlY,FE
F',oR HIRF
INF9,FMAoN
(10) pRlvERrNoRMAiloN:
Please list the following information on each vehicle for hire driver working on a contract, lease, parttime, or full-time basis with your firm. Each Driver listed with your business must have a Palm Beach
County Driver's lD Badge.
HOME ADDRESS/
CITY, STATE ZIP
,EXPIRA,TION DATE
DRIVR'$
PERMIT
mm/ddlyyyy NUMBER
(DP#l
11
12
13
14
15
16
17
1B
(continued)
HOME ADDRESS/
CITY, STAT, ZIP
DRIVER'S
PERMIT
mm/ddyyyy NUMBER
(DP#)
1"
I agree to abide by the conditions and requirements of the Palm Beach County
Code, Chapter 19, Article lX - Vehicles for Hire.
2.
This is to attest that all drivers have been approved by a commercial automobile
liability insurer.
3.
This is to attest that all vehicles registered with the Division have the required
commercial automobile liability insurance,
4.
5.
employment/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 permit
through the Palm Beach County Consumer Affairs Division.
Date:
$igned:
(owner, partner, or corporate officer)
Title:
Print Name:
(owner, partner, or corporate officer)
Addendum 1
Palm Beach County Vehicle for Hire Fermits
Please complete and return with your application.
The Consumer Affairs Division is n the process of expanding the information we maintain concerning
your business. This additional information will be provided to consumers who request your "Business
information Report" and some of the information will be posied on our Internet Web site where we
list all vehicle for hire companies licensed/permitted to operate in Pafm Beach County.
For those companies with an Inlernet site - we are planning to have a direct link from the Consumer
will be interested n
Affairs'site (listing licensed vehicle for hire companies) to your site. You
*hits" each month'
knowing tfrai ttre Consumer Affairs Web site has from 30,000 to 40,000
please complete the following informaton and return this with your application:
l.
disputes:
Phone number of person handling disputes:
2.
year your business was established and has been operating continuously in
Palm*tsea"h.punf,y since:
3.
(-)
Does your vehicle for hire company have a business/official affiliation with another company
(i.e., limousine company, etc.)?
If
Mailing address:
State:
City:
Zip:
Rlonsumer A(arrsVFH\ApplicalioDs
'
1'1
3.docx
If you wish to pay by credit card, complete the "Authorization for payment by Credit
Card" in its entirety.
AUTHORTZATION FCIR PAYMENT BY CREDIT CARD
TYPE OF CREDIT CARD: (Please X type of credit card payment)
VTSA
MASTERCARD
CRDIT CARD
T,TSCOVER
#:-
XPIRATION DATE:
Mo.
Amount: ($)
Yr.
Driver's Permit/I.D.
Airport Decals
[]