Class Action Lawsuit Against Palm Beach County Claiming Uber Received Special Treatment

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 1 of 53
I-]NITED STATES DISTRICT COURT

SOUTHERN DISTzuCT OF FLORIDA
(Palm Beach Division)
CASE NO:
CLASS ACTION
VTS TRANSPORTATION, INC., A

Florida corporation, dlbl aNORTH COI-INTY
TRANSPORTATION, GASOLINERA, INC., A
Florida corporation d/b/a APOLLO
TRANSPORTATION SERVICES,
BOYCE TRANS,,INC., a Florida corporation
dlbla AIA AIRPORT and LIMOUSINE SERVICE,
ALL TRANSIT SOLUTIONS, LLC, a Florida
limited liability company, dlb I a METRO PREMIER
CAR SERVICE and PRESTIGE LIMOUSINES, INC.,
a Florida corporation,
Plaintiffs,
vs.
PALM BEACH COUNTY,

of the State of Florida,
political subdivision
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
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.
On or about March g,2015,in exchange for the payment of $15,000 from or on
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.
PART,IES, JURISDICTION, AND VENUE
4.
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.
5.
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 and
l
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
g.
sui
juris.
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 Fairness
Act (CAFA), 28 U.S.C. 1332(d)(2).
11.
Venue is proper in the Southern District of Florida, Palm Beach County, pursuant
to 18 U.S.C.l3gl,because
a substantialpartor all of the events giving rise to the claims accrued
in Palm Beach County.
ilI.
GENERAL ALLEGATIONS
A. PALM BEACH
12.
COT]NTY ORDINANCES RELATING TO VT'H SERVICES
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 a
business permit; c) maintain specific records; d) compty
with vehicle safety and
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
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'ROM
PALM BEACH COT]NTY
14.
Rasier is a subsidiary of tlber Technologies, Inc. (o'Uber"), whose address is in San
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
with which its competitors must comply.
15.
Upon information and belief lJber entered the Palm Beach County market in or
around 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 of
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
Rasier operates as a VFH company in Palm Beach County:
Staff recommends motion to: approve a Temporary Operating

Agreement (TOA) between the County and Rasier, LLC, a
subsidiary of Uber Technologies, Inc. (Llber) allowing Uber to
operate 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 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:
Background and Policy Issues:
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.
Confirming that Uber has sought and obtained special treatment
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
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 it

is...temporary. The Consumer Affairs Division has already
coflrmenced review of the current VFH ordinance and will be
making a reconmendation at alater time, presumably far before the
TOA's September 30 expiration date. While the TOA is basically
a negotiated product between the parties, any ordinance review and
revision will include all interested parties, including the taxicab
industry and the VFH Advisory Committee. If the TOA sn't
approved, Consumer Affairs wll contnue to enforce the
Ordnnce 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 true
copy 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 costs
associated with this Agteement and Rasier's operations
the effective date of this Agreement." Exhibit
2I.
in Palm Beach County for one year from
"B",l[I.Q.
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 first
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
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 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.
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
the
obligation 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 be

responsible 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.
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
such advertisements must "conspicuously disclose" the name

company, physical address
of
the
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.

e.
Section l9-zlS(a) of the Code requires a VFH company to apply to the
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.
Section l9-218(b) of the Code provides that no person owning a VFH

company shall permit any person to drive a VFH unless that person has a
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
commercial business office or residential home offrce
in Palm Beach
County. The TOA does not impose this requirement on Rasier.

h.
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.
Section l9-220(a) of the Code requires that bi-annual inspections
are
required of vehicles over seven (7) years old or that have more than 350,000
miles. The TOA does not impose this requirement on Rasier.
j.
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.
k.
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 ASE

certified automobile technician performing
vehicle inspection must utilize
a 3 part inspection
form. The TOA does not impose this requirement on
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
in commercial automobile liability insurance for injuries per occurrence or

accident; 2) atleast $125,000 for injwies per person in any one occrurence
or 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 the
Application for Vehicle for Hire Business Permit and Vehicle Permit is
attached hereto as Exhibit
"C", .
5. The TOA imposes significantly
different and significantly lesser insurance requirements on Rasier
follows:
1) $50,000 for bodily
as
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.
o.
Section l9-226(b) of the Code provides that such insurance policies shall
be issued by
insurance companies licensed and admitted
to
write
commercial 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.
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
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."
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
in Florida less than five consecutive years, a trafficldriving
recordlhistory 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.
S.
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
submit to photographing (full face exposure/without sunglasses or head

coverings) prior to the issuance of the permill.D. badge by the Division.
The TOA does not require Rasier drives to be photographed.
u.
Section l9-227(b) of the Code further requires the driver of a VFH to

conspicuously 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 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.
Section 19-227(9;) of the Code makes
it unlawful for any applicant for
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.
X.
Section l9-227(i) of the Code prohibits a driver of a VFH company from

operating one or more vehicles for hire for more than twelve cumulative
hours
of driving with any twenty-four hour period as supported by
required vehicle trip manifest prepared by the driver and maintained by the
VFH company. The TOA imposes no such limitations on Rasier drivers.
t2
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.
v.
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.
22.
CLASS ALLEGATIONS
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 Beach
County, Florida and werclare subject to the
requirements of the Code.
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
judicial officers, their immediate family members, and court staff
assigned to this case.
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
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 that
the 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
constitutional violations asserted
T4
damages
for
the
3.
28.
23(aX3) - TYPICALITY
The claims asserted by Plaintiffs herein are identical to those of the Class.
Therefore, the requirement of typicality is satisfied.
4.
29.
23(aX4l - ADEOUACY OF REPRESENTATION
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)
RISK OF VARYING ADJUDICATIONS
Prosecuting separate actions by individual members ofthe Class will create the risk
of 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.
31.
23ftX1)ft) _ RISK OF DECISION BINDING NONPARTIES
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
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.
15
7.
32.
23ftI(2) _ INJTJNCTIVE/DECLARATORY RELIEF
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)
litigation of the claims in
it is desirable to concentrate
a class action; and d) there are no unusual
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
effort that may result in thousands of separate adjudications.
COUNT I _ VIOLATION OF' U.S. CONSTITUTIONAL

RIGHT TO EQUAL PROTECTION
34.
Plaintif re-allege and incorporate herein all of the allegations contained in
Paragraphs 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.
16
37.
The TOA (previously defined) is an abridgment of Plaintiffs' right to
equal
protection of the laws.
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.
In so doing, PBC has intentionally
chosen
to carve out an exception to laws that
would 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 governmental
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.
As a direct and proximate result of PBC's violation of 42 U.S.C. $1983, Plaintiffs
have 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'
43.
""
de
:: i;ff
ems appropriate
Jr:;;;i
Plaintiffs re-allege and incorporate herein all of the allegations contained in
Paragraphs 1 through 33.
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.
Additionally, Plaintiffs also seek 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, 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 need
for 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
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'
Plaintiffs re-allege and incorporate herein all of the allegations contained in
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
will continue to operate in violation of the laws,
50.
codes, and rules applicable to Plaintiffs.
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
serve the public interest.
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.
b.
Certification of the proposed Class;
'
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 equal
protection 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
State
and 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 42
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.
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.
Respectfully submitted,
/s/ Randy Rosenblum

Randy Rosenblum, FBN 983527
Douglas F. Eaton, FBN 129577
Litigation Partners, PL
Counsel for Plaintiffs
One Biscayne Tower
2 S. Biscayne Blvd., Suite 3100
Miami, Florida 33131
Telephone: (305) 249 -1640
Facsimile: (7 86) 3 50-307 9
Email : rrosenblum@litigationpartners.net
Email : deaton@litigationpartners.net
and
Robert T. Slatoff, FBN 816116
Constantina Alexandrou Mirabile, FBN 90853
Frank, Weinberg & Black, P.L.

Counsel for Plaintiffs
Lynn Financial Center
1875 NW Corporate Blvd., Suite 100
Boca Raton,FL 33431
Telephone: (561) 989-0700
Facsimile: (954) 47 4-9850
Email : rslatoff@fivblaw.net
Email : canir abile@fivblaw.net
Email : aw aIlain@fr rblaw. net
20
EXHIBIT 6(A')
Agenda ltem
#: 5B-3
AT}D.ON
PALM BEACH COUNTY

BCIARD OF GOUNTY COJTMISSIONERS
AGENE}A ITEI SU M/IARY
il Consent ffi Regular

II Public Hearing
Meeting ate: March 10,2015
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.
Temporary Operating {greement
Recommendad by:
Approved by:
II. FlsCAL MPACT ANALYSIS
A"
Five Year Summaty of Fiscal lmpact
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
*forthe adminstration and enforement of the TOA paid for bv Uber.

# ADTITIONAL FTE
POSITIONS (Cumulative)_
ls ltem lncluded ln Current Budgef?
BudgetAccountNo.:
Yes_
No_X*
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:
=/qus
Other Department Review:
Department Director
THIS SUIIMARY S NOT TO B USED A,S A BASIS FOR PAYITENT.
Continued from page
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))
TEMPORARY OPER.ATTNG AGREBMENT
This Temporary Operating Agrec,ment (ereinater "Agreemed') is entered into this

of lvfarch, 2015, between PALM BEACII COIINTY, a political srbdivislon of the
Se 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 subsidiary
_day
of Uber Tecbnologies, Inc., conrnonly

StreL
Sn Franciscq
rcfrred
to
as *IJber." whose addtess
is
1455 lvfrket
Califomi 94103 (hueinaftor "Rasied).
WffiREAS, Rasie is a tmsporttion network company (AnC) that desfues to continue

operating in Patm Beach County; and
WUEREAS, regardless of how this form of transportation sersice is dcfined, it is the
County's position that Rsier is performing vehicle-for-hira (llF services aud is subjectto its
existing VFH
rqulatiols;
and
.\y'FH
is cr.rnerly revie.ving its

regulations as they perain specificallV t'o TNCs and agrees to allow Rasier to operate in ?al
Beach County during ths revieq subjectto the tetnrs and conditions setforth below.
IYHEREA.S, notwithstanding the above, Counry
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 noncomneroial
vehicle to provide ausportation services requested 1srrgh the Rasier digital
platform in Palm Beach Comty.
'Rasier Parher Veiole" means apersonal or noncommercial vehicle that is used

by a Rasior Partner to provide msportation services requested through the Rnsier
digitalplafom.
"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 to
provide for-hire ground tralsportation srvice,s.
"Transportation Network Corpsny
(fNC)
Seiviceso mems ansporttion of
tle passenger and preananged *'i a Rasier

Rasier platforo- TNC services begin whear a Rasier Parkrer
pa$setrger bettreen points ohosen by
Psrrer through the

aoccpfs a rcqust for broqporhtion rccEived tbrough the Uber app, TNC serviaes
continue v&ile ths Rsier Parrer bansports the passenger in the Rasier Patner's
vehicle, and rniuate when the passenger reaches his or her intended destination
and exits the Rasier Patner's ve.hicle.
Page
I of9
B,
fo, the purposes of thirs furee.men! thd Cormty has the

arfority to fftr into this Agrermrrt Rasier does not waive its dgLt to contest
the applicability of any laws or nles to Rasier, the Rasier platfom, or Rasier
Parles ofterng services throrgh the Rasier plaffom. The Courty does not
waive aay gh or auority to purslrc any available Iegal re,medies to ensur
Raser agrees solely
Rasier and Rsicr Pates opera logally in Falm Beach County.
II.
Rasier agrees as follores:
A. Ihsrance. Rasier sbll comply witk all
applicable insurance require,nffi
mardafed by Ftorida laws peaining to insumco, including but not limited to,
auomobile liability insurancq and shall provide proof of said compliance. The
following is also rerred:
t.
When_ggadilnto Rasier plafolm but not en route/wifh passerqer: The

following automobile liability insurance requircments shall apply during the
time tht a Rasu Parh is loggcd irto the Ube,r pla,tform and availahle o
receivc rqwsts for tausportation but is uot en route to pick rry s pssergor or
oonducting a hip with apseng:
(a) .tutomobile libilrty' co\nage which provides at least fifty thorsaud

dollas ($50,000) for bodily iqiuy ay ore (1) person in any one (1)
accdenf, one hunded thousand dollus ($100,000) for bodily ujury to all
psrsons
in my
one (1) accideut, and twenty-five thorsand dollars
($25,000) for property damage in any orc (1) accidcnt; in ttrc event the
Rasier 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
$1,000,000 for deatb, personal
Sury aadroperty
of at
least
damage;
(o) The coverag reqrkEnts of this paragraph 2.mny be satisfied by any of

the following: Automobile liablify iusrrance mairtained the Raser
Paltus; automobile liability isrrance maintaiued by Rasier; or
auy
combination ofthe immediate precediag two; ard

(d)
Iu ary
claircs coverage investiou, Rasie'r shall. sooperar with a

lihlity inrure,t that also istres the driver's porsonal veticle. Rasier shall
include the elevant daes and tirnes at which an incident occuned that
involvcd the Rasier Parfrner while the Rasier Paber was logged into their
digitalntwo*.
Page 2
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3.
Insurce eficiencv. In errcry instance where insumnc maintained by a

to fulfill the above insurance reguiremeats has lapsed, failed to
grovide the required coveragc, dmied a claim for the reired coveragg or
otherwiss ceased o rist, insurance maintained by Rasier shall provide the
coverage required this secton beginning witir the first dolla of claim.
Rasie,r Farher
4.
Primary Coverage, Rasiir shatl submit docrunntation to Cormty thet it has

secrred primary automobite
libility insnance coversge in the amount of at
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.
Cqtica of krsurance/.dditionat Insued. Rasier shall provide to the

County a certificate of insrrance frr the policy(ies) requircd herein, naming
Raser as the insrsd and an endorsemcrt ncludfurg the Coumy as an
additional insrred. The policy(ies) shall be accoupauied by a commitaent
om the inswer that such policy wilt not be cncled, modified, or coverage
reduced 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 to
evade the insruance requirements
ofthis Agreement.
B. Backgrowrd Chectrc Prior to allowing a driver o be on its digital nework, Rasier

shall conduct a local, state and federat srimiul bacround check and obtan and
review the criminal. hstory f each pote,utial Rasier Ptner to determine whetler
that person has been convicted 'rthin the previous fivc (5) years, regardless of
a{udication, of a ime set forth in Sect 19-277 (7}-(8) and (10){11) of ihe
Cormty's VFI{ Code or deolared to be any one of the offerders under SecL 19227 (12) aud (13). If it is determined that a person has beeq convictd of any of
the foregoiu fhat person shall not be pennitted to be a Rasier Papr. Rasier
\ryill lnaintain ectronic tecords of suoh criminal history reports for tbe druation
ofris Agreement.
c. Drjyqf Histgry. Repo. Prior to pcmritting a person
to act as a Ra.ier Parer and

qutrly thereafrer, Rasier shall obfain and rwieu a State of Florida Deparhmt
of figway Safety and Motor Vehioles tatrc/driving his0ry relnn for such
person Any person witlu (1) moe thaatbee (3) moviqg viroltions inthe theeyear period prior o zuch checg (2) a major violation in the ree-yeat period prior
to 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 "habitual
taflic offeodet'' classificaton, shall not be peunitted to be a Rsier Partner.
Rasier will maintain clcstsic records of such driving hisory rcports for te
duration of this Agree.rrent.
. 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
otherwise authorized to operste a motor ve.hicle in Florida prrsuDt to Sectiou

322.031, Florida Statutes; and possess proofofvchicle registration and cuuert
automobile tiability ismance. Rasicr must sea:re goof of Rasiq Parher's
personal irsuance. Ras'ier shall maintai astuats and uptodate recods of all
Rasier Partners provding servces tborgh the Rasier pla6o'm- Rssiff shall
provide driver-elted guid"n* materials to Rasier Partners. Rasier shall also
tke leasonable staps to notify Rasier Patners of their obligions mdu this
.A,greemenL
E,
Driwr Dnsl.Aloohol and lobacso Use. Rasiec shall implemelrt a zero-toletance

policy oo the we of drugs or alcohol applicable o any Rasicr Parher, provide
notice of the polioy on its wcbsilq as well as the procedrues to report a driver the
passenger reasonably suspects ras inder the influenc.e of drugs or alcool duing
the course of the ride, and immediate suspend said ddver upon receipt of a
passegq complaiut alleeiry a violatioa of the polcy. The suspension shall last
the drnation ofthe investigafion Furthor, Rasier Partners are required to provide
a suoke-ftee environne'nt iuside theii veliicles wheirtansporting apassenger.
F. Drivcr{Vchiclc ldc,ntifioatioa. Oncc a passenger and a Rasie Patuer have bcen

matched, Rasier's digital plarform shalt display for the pa$senger the nane ard
pbotograph of the Rnsier Ptrber as well as a description of the mke, model and
Iicense plate number of the Rasier Pataer Vehicle.
G. Vehicles Used: S cr.v'Inspeotion Rasier Partnersn Vehcles shall be steet-egal
fou-door vehcles tat ae no more fhar ten (10) model years of age. No Rasier
Parhr Vehicle shall displV a top liSht or elec'tonic identification signage aud
shall 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 cunently
operating shall have a safety inspection conifucted by an automobile techician
fhat is cetifled by the National Instie for Automotive Seryice Excsllesce

(ASE). ll Rasir Parhcr Veicles erteed into service aer thc etrective datc of
this Agreement shll b inspeoted $'ithin 30 days of eutry into seflice. Rsier
em at all times in eir

Rasicr Patner Vehicle and produce a copy of same upotr tequest by County
druing au investigation- Such procedute shsll, at a minimum* inolude an
in$rection of the following components:
Parrers shall kep proof of their vehicle inqpectir with
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
10. Brake lights;

I l. Front seat adjus&ent mechanism;
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; and
19. Safety belts for driver and passengers.
I
H.
I.
J.
Cusomer Serrice. Rsier shall maintain a websi and provide

cusom.e,r service telephone numbe or email addess.
-Srvice
Floicla.
a 24-hor
of hoeess. Rasier shall mainfain an agent for service of pmcess in
Passenger Receipl Upon completion of a tip, Rasicr shall tansmit an electonio

receipt to the passenger's e,rrail adibess or mobilo aplication documenting the
origination and destin*ion of the fr urd a descrption of the total anount pqid,
if
any.
K. No Solicion o Steet-Hails. Rssier Parilers sball onty aocept rides booked

through 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 to
determine 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 softwa

application in eas ad times of high demand, the sofvare application mrst:
(1) hovitle clear and vsible indcation that dynmic prisinC s in efiect prior to
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$iqa Zores.
Rasier Parrers shall not use any marked taxicab zoaes.
O. AcegS$ibility. Rsier sba not allow Raser Psue$ to refise to ccepl a

passergff who is disabled, orto charge a higher fare or additioal fee to aperson
vo is disabled, based on the penon's disability, usc of a $ryport anE4
ueelchb, mches, or other mobIty assishnce device. $hould exposure to a
support aninal cause a Rsier Pher an undue heal burdeq Rasie shall make
Page 5
of9
best effods b connest e passenger with &e support animal to an altemate

driver. Rasic shall set aside a srm eguivalut to fe c.rts ($0.0 for every ride
originating iu Palrt Beach Cunty W to S25,000, and sball use those frmds to
support TNC riders who require wheelchai accessible accomnodafions.
P. Copmunity Oufieac,h. Rasier shell conduct outeach to ssmmunty
with q'heelchair accssible vehicles to publicize Rasie,r's nced for wheelohair
accessible vehicles and drivers
with e goal of pa,oviding services to all
pas$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.
ta (10) days om ths effestive datc of this

Agreemenf Rasier shal pay to thc County fffeen tbousatrd dollars ($15,000) to
a. Pavment to Countv. Within
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
R.asier and Rasier Parhers shall not operate any vehcles
to o om the
Palm Beach Internatiout ltfrprr ("Airporf) r,nless $ch operations are in

compliance with the requirements of Bxhibit
"4"
to this greesent
S. ,{udt
Rasier must mantain accurats records as required rmder tis Agreement.

re1$tesE and no more tlan one time whiie this Agreement is in
effecq Rasier shall make ese records available for inspection o the Comty for
purposes 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 iD
Palm Beach County.
Uponthe Cormty's
T.
Complaint Lurnestieation In response to a speoific complain! fhe Cormf may

iospect, at Rasier's place of business or a mutually agreed setring n Palm Beach
Couoty, those rccords held by Rasier whose review is specifically neoessary for
the investigation and resoltion of the complaint
U. Rco4s:_ConfidentiatriW, The Cormty shall not discloss my records
obtaincd
ftom R.aser pursust to this Agreement or Exhbit'i4." to this Agreement rurless

the 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 tlrc
Countf for such recotds, the County shall, rpon receipt of srch rcqucsf notify
Rier that i has received a requt aird form Rasie,r of vrhcer it will release
Page 6
of9
the requested record(s) so that Rasier hs ar opportunity to tke steps to pevelrt
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.
County shall suspend enforcement of the provisors in Article )O of Chapr 19 of

Code and my ofher applicable VFH regulations against lsicr d Rasier
Paers durng the term of ths Agreement uIess such enfoceurent sms ftom a
violation of any of the provisions of this Agreement.
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.
B. Tcninqtion. Notvlithstanding arythng contained herein o the contary, ihe

County or Rasier may, with without cuse, tffminate this Agreement upon
thirty (30i days' written notice to the other party.
Coruty shall have the authoty to enforee the reguiremerrts of tlis
adhere to the rcguirements of is fureement by Rasier or
any Rasier Partuer may rasult in fines in an amormt equal to fre fines for simila
violafions undertlre County's VFII Code- otemiuation ofthis Agreemenf, atthe
County's discretiou.
C. Enforcemsnt
Agreemt Fih to
recourse shall be had against any elecd otrcial ditector,

officer, afmey, agent or eplcyee ofRasier or County, whethcr ia office on the
effective date of this Agreement o'r after such date, for any claim based upon this
Agreemern
D. No Recourse. No
E. No Other Anaugement Ceated. This
Agreeme,nt
will not be
constnred
in
auy
fornl or mflrer o establish a parhership, joint vcntur,e or agency, (press or

implied" nor any empioyer-employee or borrowed seffisnt relationship by and
betwesn Rsier anil County.
F.
Enti"ety gf -Areene. This Agreemtt, inctuding Exhibit
".{,"
constites the
County aud Rasier. Aay prerrrious agrcemcst,

assertior" statemrt, understanr{ing, or ofter comitnent before the date of this
Agreemen{ whether uitten or oraln shall havc no force or effect No agrcment,
assertiono stahffient, understanding, or other commiffient during the term of this
entke Agrernent betwee
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
Larqand venue. Tbis Agreement is made, ancf shnil be construd end

interpreted under the laws of the sta of Flodda ad venre for any larvsuit
conceraiag this Agreement shall lie in PaIn Beach Cormty, Ftorida
H. Notice. Ali official communications md
notces required to be made under tbis
Agreement shsll deemed made if sqrt, postage prepaid, to the addresses

identified above to the atttion ofte signatories below.
I'
Indemrisetipn tt is nderstood and agreed tlat Rasier end Rasier Patners ae

trot agcts, snants or employees of cormfy or its Boad of corrnty
comnissours, Rasier shall iudeannify and hold harmles the coruty ad its
electcd officers and employees ('couny parties) from any damages against "
county Perties a,rising directly om: (1) this Agreenrenfi or (2) th acts or
omissions of Rasier or Rasier Patoers or ther respeclive agents, employecs,
licensees or insitees (Rasier Pties') in cornection wth TN-c servicei in tle
counly' inctuding at th Airport, when such c6 were iatentiona! or acts of gross
negligence or willfI misconduct The foregoing indemnification me not
lramiless sball app.Iy ouly
(1) thc counff has sc,rted, at its ovn oensg the
sgvereiry imuunity defensc or sindlar go\erffrient imnnty rtosFine to the
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
indemificafiou and holdhamless sball also inohe a oosts, resonable atomey

fees, aud reasonable expenses icured for suoh loss. Notwithstanlirg anythiug
containcd herein to the contary, Rasier shall rct b obligsted to indennS oi
hold barmless the coun paties for matrs th are judicially detemined to be
toflre negligent or intentional acts or omissions of ile counry parttes.
Sby"b
This Scction shall srnive the e4piration or ealier tennintion oftbis Agreemenr
Noth'q8 contiuedheqeitr shall be cousued as a waiver of sovercign nunity or
the satutory limits of liability sst forth in section T6gag, Roriistatutes. The
foregoing indemnification obligation is conthgent upon tlre following: (i) the
9q*ty $uu provide Rasier yith prcmllt wrtter notice of any ctaimluu to
indemification herermder, and () any cosfs to be incurred by rr co*ty when it
defends and/or settles each such claim are subject to Rasier's prior conse;! which
shall bc reasonable.
flhe remander ofthis
Page
page ntentioually left blanlcl
I of9
.ATTEST:
P.ALMBEACH COUNTY, FLORIDA, by its

BOA.RD OF Counry COMMISSIONERS
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'
AIRPORT INTDRIM OPERATI\TG REQUIREMENTS
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.
In order to assist County in managing the number of conqercial vehicles utilizing

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 virtual
perimeer aound the Airyort bounded by tbe following roadways: northem edge of Belvedere
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:
Partners comply with the
A.
Each Rasier Parfter authorized to provide TNC Servces at the Airport

shall atrx the ryproved tade dess to their Rasier Patrcr Vehicte so tht
the 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
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
Department County or PaLn Beach County Office Sheriffs Deparhent

representative or ennployee ulon requesL lte electronic resennation shall
include the first uame of the person who reguested the ride, the pick
location and first name of the Rasier Paner provi tiqg the service. '
C.
Rasier Partners shall ony load and rnload passngers in those locations
designated by rhe Deparment for the piclarp and drop off passangers
utilizing pre-aranged grornd transportation servics at the Airport

(esiguated Arcas"). The Designated Areas shlT only be utilized for the
active loadng andunloadiag ofpessengers. Rasi*Parhers shll not leave
a Raser Parhner Vehicle unattended in any Designated .{rca" Rasier
aclcrowledges that the Designated "Areas may be modified from tine-totime by the Deparment in its sole and absolut disctetion.
D.
If
a Rasier Paruer is dropping a passenger off at tbe Airport, the Rser

Partrer shall exit the GeoFenee area upon completion of the drop off.
Rasicr Parrers sball not loop or circle around the Aiqport access mads or
other Airport roadways while waiting for a pick up or attempting to book a
passenger for TNC Serviees. Rasier Partners shall not stop, prk or loiter
within the Ceo-Fence while waiting for a passenger to arrurge a tip
throug the LJber app.
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.
The total number of drop-offs by Rasier Pabrers at the

preceding calendar month.
Aort
B.
The total ntocr of picknps by Rasier Pashe at the

preceding [s{ 16nth.
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
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 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))

Checklist for a Sedan, SUV, Limousine, Van/Shuttfe, Taxicab, Non-Medical
Vehic_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 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
$300,000 Combined Single Limit (CSL)
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.
Fees are non-refundable
Only- ChecUloney Order/Visa/MasterGardlDiscover

$10,000.00 Fee to start a Vehicle for Hire Business
$100,00 - Decal fee per vehicle
$225.00 - Business Fee
$25.00 - 30 Day Temporary Permit fee for rentalvehicles only
Fees: No cash is accepted
*:.u.!pATES:
"(i)
All new Taxicab companics submitting an application for a business peimit pursuant to'secton l9-2t$ 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
l2l vehicles in ite fIe!,
()
The rtes for

paStngers,n
vehicle shall not differ fiom thn ratos chatged to non'disahlsd

PALM BEACH COUNTY, FLORIDA
BOARD OF COUNTY CCIMMIS$IONERS
DIVISION OF CONSUMR AFFARS
50 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 HIRE

BUEI,NESS Fl;RMlr AND VEHICLH PERMIT
lNlTlAL FEE: $10,00CI.00
BUSIII FSS PERMIT APPLICATION FEE: $225'A0
VEHICLE DECAL FEE: SIOO.OT PER VEHIGLE
30 DAY TEMPORARy ECAL FEE: 825.A0 PER VEHICLE-RErIrAI
vEHIcL orutv
Fleose pay by check, money order, VisA lldasferard, or Discover payable to the
Board 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 DISABILITIES
ACT, THIS APPTICATON MAY BE REQUSTED IN AN ALTERNATIVE FORMAT.
PLEAS CONTACT THE DIVISION OF CONSUMER AFFAIRS AT THE ABOVEREFERENCED TELEPHONE NUMBERS.
PLEAS NOI'0: TI-IE FAILURE TO PROVIDE TI"IE REQUHSTED INTCIRMATION AND

DOCIJMENTTION WILL RESUI-T IN THE DISAPPROVA.L OF YOUR PERMIT
APPLIC"A,TION UN'IL SUCFT TIME THT THE REQUESTED INFORMATION HAS BEN
PROV]DED TO'THIS OFFICE.
PLEASE TYPE OR PFIN lN INK

1
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:
BUSINESS TELEPHONE (land line):
CELL PHONE NUMBR:

E-Mail Address:
Web Site Address:
11
lA)
\'-l
\'r
ALL OTHER VEHICLE FOR HIRE BUSINES$ NAME$I
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

2
(1). (B)
BUSINSS INFORMATIQN (continued):
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-
PAqTNERhllP,: Please list all general and limited partners.

Name:
(Lst, First, Ml)
Address:
Fax:
Work Telephone:
E-MailAddress:
Cell Phone:
statq
(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)
-/-/-

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

President:
Address:
Cell Phone:
Work Telephone:
Fax:
(Date of birth)
(Exp. date)
Federal Tax lD:
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:
E-Mail Address:
Fax:
Cell Phone;
(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
Limousine
Van/Shuttle
Taxicab
Sedan
(2)
SUV
p'ARTHHts$llrP RCORPRATION D9GUIIHNTATIQN:

PLEASE ATTACH A COPY OF THH FIRM'$ PARTHERSHIF AGREEMHNT; OR' IF
A CORPORATION, A COPY OF YOUR FIRM'S CORPORATION REG$TRATION
WITH 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
name 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 LOCAL

BUSINESS TAX RECEIPT. FAILURE TO HAVE A GURRENT PALM BEACH GOUNTY
LOCAL BUSINES$ TAX RECEIPT WILL RSULT IN THE DISAPPROVAL OF YOUR
LICENSE APPLICATION UNTIL SUCH TIME THAT A PALM BEACH COUNTY LOCAL
BUSINESS TAX RECEIPT IS OBTAINED. THE ADDRESS ON YOUR LOGAL BUSINESS
TAX RECE|PT qUST MATCH THE pf-,rYSrCAL ADJ?RES YOU ARE REGISTERING WITH
OUR OIFCE.
(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
nsurance certificates MUS:
Provide an endorsement for 30 or f 0 days written notice to Palm Beach County

onsumer Affairs of any material change, expiration or cancellation of the policy. See
Palm Beach County Code, Chapter 19, Article [X, Section 19-226.
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 per

occurrence or
accident.
o
o
At least,$l25,000 for injuries per person in any one occurrence or accident.
At least $50,000 for property damage in any one occurrence or accident.
OR; $300,000 Combined Single Limit

All insurance policies shall be issued by insurance companies licensed and admitted
to write commercial automobile liability insurance in the $tate of Florida, Palm Beach County
Code, Chapter 19, Article lX, Section 19-226.
Must show Palm Beach County Consumer Affairs, 50 S. Military Trail, Suite 201, West
Palm Beach, FL 33415 as a "ertificate Holder" on your insurance ceftificate (for
notification pu rposes).

6
(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
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 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..
lf you are requesting an AIRPORT DECAL please check
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,

YEAR
MAKE
VHICLE
*#
FLORDA
TAG
NUMBER
COLOR
TAG XP.
YOUR CAR NUMBER
MODEL
DATE
TDENTIFICATION NUMBER
SV=SUV**
PLEASE
CHECK IF
REQUESTING
AN IRPORT
DECAL FOR
THIS VEHICLE
TYPE OF
VEHICLE
**See
Legend
above

B
.(9)
REGISTR.ATION OF VEHICLES (continued):
YEAR
MAKE
MODEL
'{r+
COLOR
FLOR]DA
TAG
NUMBER
VEHICLE
IDENTFICATON NUMBER
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:
PLEASE
CHECK IF
REQUESTING
AN AIRPORT
DEGAL FOR
THS VEHICLE
TYPE OF
VEHICLE
t*See
Legend
above

o
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.
(a) otal number of drivers:

[NOTE: YOU MUST PROVIDE A STREET ADDRESS. POST OFFICE BOXES OR MAIL DROPS
wrLL NOT BE ACCEPTED.I

DRIVER'S NAME/
HOME TELEPHONE
NUMBER
HOME ADDRESS/
CITY, STATE ZIP
DRIVER'S LICENSE NO. BIRTH

DATE
,EXPIRA,TION DATE
DRIVR'$
PERMIT
mm/ddlyyyy NUMBER
(DP#l

10
(b) DSIVER LISTING

DRIVER'S NAME/
HOME TELEPHONE
NUMBER
10
11
12
13
14
15
16
17
1B
(continued)
HOME ADDRESS/
CITY, STAT, ZIP
DRIVER'S LICENSE NO. BRTH

DATE
/EXPIRATION DATE
DRIVER'S
PERMIT
mm/ddyyyy NUMBER
(DP#)

11
Agreement for Vehicle for Hire Business Application

As 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 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.
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 no
longer insured by the commercial automobile liability insurer.
5.
I understand that decals issued to vehicles no longer operating for my business

shall be removed and surrendered to the Division within 10 business days
following the removal of a vehicle from service or termination of a driver's
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.
will be grounds for revocation,

suspension or non-issuance of the vehicle for hire permit and decals.
I acknowledge that omissions or false statements
Date:
$igned:
(owner, partner, or corporate officer)
Title:
Print Name:
(owner, partner, or corporate officer)

12
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.
Name of person in your company responsible for handling consumer
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
YES, name of comPanY:
Mailing address:
State:
City:
Zip:
E-Mail address of affiliated company:
Web site address of affiliated company:
Rlonsumer A(arrsVFH\ApplicalioDs
'
Buslns & Drivert6-18-201 3VFHBuslnFssApiclonPackolchangasUP0ATEDT-1
1'1
3.docx

13
Palm Beach County

Consumer Affairs Division
50 South Military Trail, Suite 201
West Palm Beach. FL 33415
Phone: (561) 7L2-66AO Fax: (561) 7I2-66L0
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
Issuer of credit card (Exampte:
Name on Credit Card:
CRDIT CARD
T,TSCOVER
api_tqlone, wachovia. Bank of America. etc,):
Must match name on credit card
#:-
XPIRATION DATE:
Mo.
Amount: ($)
Yr.
Driver's Permit/I.D.
Airport Decals
Signature of Card Holder:
[]
Vehicle for Hire Permit /Decals

Class Action Lawsuit Against Palm Beach County Claiming Uber Received Special Treatment

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Class Action Lawsuit Against Palm Beach County Claiming Uber Received Special Treatment

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

I-]NITED STATES DISTRICT COURT

VTS TRANSPORTATION, INC., A

PALM BEACH COUNTY,

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

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

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 2 of 53

On or about March g,2015,in exchange for the payment of $15,000 from or on

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 3 of 53

PART,IES, JURISDICTION, AND VENUE

Plaintiff VTS TRANSPORTATION, INC., is a Florida corporation with

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

under the fictitious name APOLLO TRANSPORTATION SERVICES. GASOLINERA is

AlA AIRPORT and LIMOUSINE

SERVICE. BOYCE is otherwise szi

Plaintiff, ALL TRANSIT SOLUTIONS, LLC, is a Florida limited liability

is otherwise sui juris.

Plaintifl PRESTIGE LIMOUSINES, INC., is a Florida corporation with its

principal place of business in Palm Beach County, Florida and is otherwise

Defendant, PALM BEACH COUNTY ("PBC"), is a political subdivision of the

Act (CAFA), 28 U.S.C. 1332(d)(2).

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 4 of 53

a substantialpartor all of the events giving rise to the claims accrued

in Palm Beach County.

COT]NTY ORDINANCES RELATING TO VT'H SERVICES

'oPalm Beach County Vehicle

for Hire Ordinance", sets forth many conditions, restrictions and

with vehicle safety and

IX, Palm Beach County Code.

Section 19-231of the Code.

B. UBER COMES TO TOWN AND BUYS SPECIAL TREATMENT

PALM BEACH COT]NTY

Rasier is a subsidiary of tlber Technologies, Inc. (o'Uber"), whose address is in San

with which its competitors must comply.

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 5 of 53

around August 2014.

began providing vehicle for hire services in Palm Beach

The PBC Attorney submitted an Agenda Item Summary ("AIS") at a Board of

Rasier operates as a VFH company in Palm Beach County:

Staff recommends motion to: approve a Temporary Operating

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 6 of 53

Background and Policy Issues:

Confirming that Uber has sought and obtained special treatment

government legal offices in Florida and across the nation. Exhibit

"A",p. 1. Even more egregious

must be emphasized, that the TOA is exactly what is says it

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 7 of 53

copy of the TOA is attached hereto as Exhibit

The prefatory language contained in the TOA

days from the effective date of the TOA

"[t]o cover any administrative and regulatory costs

associated with this Agteement and Rasier's operations

the effective date of this Agreement." Exhibit

in Palm Beach County for one year from

The TOA imposes certain limited requirements on Rasier as a prerequisite for it to

to operate any VFH within Palm Beach County without first

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

all traffic offenses involving a driving under the influence

Case 9:15-cv-80560-RLR Document 1 Entered on FLSD Docket 05/01/2015 Page 8 of 53

controlled substance charge, or a driver license suspension/revocation

charge. The TOA merely requires Rasier to provide quarterly reports

of its drivers thus relieving it of

Section I9-214(e) of the Code provides that a VFH company shall be