Long Beach Airport (LGB) restricts passenger pick ups but not drop offs, according to a telephone conversation I had with the airport security manager this morning.
I contacted LYFT regarding a recent text that said LYFT drivers may no longer drop off at LGB.
By their response this appears to be a policy of LYFT, not Long Beach Airport.
Tuesday, June 30, 2015
From LYFT: New Airport Restrictions
California Airport Information
As a driver on the Lyft platform, it's important that you know and follow airport regulations. While we've worked hard to reach agreements with certain California airports like San Francisco, there are other California airports where we do not currently have permission to operate.
If you conduct any operations at a prohibited airport (see Prohibited Airports section below), officials are issuing citations and Lyft is prevented from covering any costs for those prohibited airport rides.
Even if you conduct permitted operations at an authorized airport (see Permitted Operations section below), you still must follow airport regulations (e.g., trade dress). If you get cited for violating airport regulations, Lyft is not responsible for these citations. As a driver, you are responsible for the cost of any such citation from the airport. Failure to comply with airport regulations may result in a deactivation of your driver account.
Thank you for staying compliant, and respecting our agreements with airport officials. Let airport administrators know that you want Lyft rides reinstated in all California airports by signing the petition.
Permitted Operations
Click the list below to see the status of our operations at California airports with permitted drop-offs or pickups.
Click the airport's name to see specific rules and regulations for providing pickups and drop-offs.
City Airport Pickups Drop-offs
San Francisco SFO OK with placard OK with placard
John Wayne (Orange County) SNA OK OK
Burbank BUR OK OK
Los Angeles LAX Prohibited OK
Van Nuys VNY Prohibited OK
Ontario ONT Prohibited OK
San Diego SAN Prohibited OK
Silicon Valley SJC Prohibited OK
Napa & Sonoma County STS Prohibited OK
Prohibited Airports
At all other California airports, operations are currently prohibited — including pickups and drop-offs. This includes (but is not limited to) all airports in the list below.
Oakland Int'l Airport (OAK)
Sacramento Int'l Airport (SMF)
Long Beach Int'l (LGB)
Palm Springs (PSP)
Santa Monica Muni Airport (SMO)
Santa Barbara Muni Airport (SBA)
Fresno Yosemite Int'l Airport (FAT)
Bakersfield Airport (BFL)
Brown Field Muni (SDM)
Buchanan Field Airport (CCR)
Cable Airport (CCB)
Camarillo Airport (KCMA)
Carlsbad Airport (CRQ)
Chico Municipal Airport (CIC)
French Valley Airport (RBK)
Gillespie Field Airport (SEE)
Hayward Executive Airport (HWD)
Imperial County Airport (IPL)
Jacqueline Cochran Rgn Airport (TRM)
Lake Tahoe Airport (TVL)
Livermore Muni (LVK)
Merced Regional Airport (MCE)
Modesto Airport (MOD)
Mojave Airport (MHV)
Monterey Regional Airport (MRY)
Montgomery Field Airport (MYF)
Napa County Airport (APC)
Oceanside Airport (OCN)
Ramona Airport (KRNM)
Sacramento Executive (SAC)
Sacramento Mather Airport (MHR)
San Bernardino Int'l (SBD)
San Luis Obispo Regional Airport (SBP)
Santa Maria Airport (SMX)
Southern California Logistics Airport (VCV)
Stockton Metropolitan (SCK)
Truckee-Tahoe Airport (TRK)
Ventura County Airport (OXR)
Visalia Muni (VIS)
Drivers: How to Redirect a Prohibited Airport Request
If your city's airport is prohibited for pickups, the app will prevent airport pickup requests from being made. If a passenger moves their pin outside airport property, and asks you to come pick them up at the airport, kindly inform them that you are not authorized to, and they'll need to find alternate means of transportation.
Drop-offs can be trickier. Click below for tips on how to handle requests for prohibited airport drop-offs.
Redirecting airport drop-offs
If a passenger asks you to take them to a prohibited airport, here’s what to do to make the conversation go smoothly.
Offer to take them to a nearby destination.
Apologize, and politely cancel the ride. Worried about your acceptance rate? Let us know if you had a cancellation. We'll remove it from that day's summary.
As a driver on the Lyft platform, it's important that you know and follow airport regulations. While we've worked hard to reach agreements with certain California airports like San Francisco, there are other California airports where we do not currently have permission to operate.
If you conduct any operations at a prohibited airport (see Prohibited Airports section below), officials are issuing citations and Lyft is prevented from covering any costs for those prohibited airport rides.
Even if you conduct permitted operations at an authorized airport (see Permitted Operations section below), you still must follow airport regulations (e.g., trade dress). If you get cited for violating airport regulations, Lyft is not responsible for these citations. As a driver, you are responsible for the cost of any such citation from the airport. Failure to comply with airport regulations may result in a deactivation of your driver account.
Thank you for staying compliant, and respecting our agreements with airport officials. Let airport administrators know that you want Lyft rides reinstated in all California airports by signing the petition.
Permitted Operations
Click the list below to see the status of our operations at California airports with permitted drop-offs or pickups.
Click the airport's name to see specific rules and regulations for providing pickups and drop-offs.
City Airport Pickups Drop-offs
San Francisco SFO OK with placard OK with placard
John Wayne (Orange County) SNA OK OK
Burbank BUR OK OK
Los Angeles LAX Prohibited OK
Van Nuys VNY Prohibited OK
Ontario ONT Prohibited OK
San Diego SAN Prohibited OK
Silicon Valley SJC Prohibited OK
Napa & Sonoma County STS Prohibited OK
Prohibited Airports
At all other California airports, operations are currently prohibited — including pickups and drop-offs. This includes (but is not limited to) all airports in the list below.
Oakland Int'l Airport (OAK)
Sacramento Int'l Airport (SMF)
Long Beach Int'l (LGB)
Palm Springs (PSP)
Santa Monica Muni Airport (SMO)
Santa Barbara Muni Airport (SBA)
Fresno Yosemite Int'l Airport (FAT)
Bakersfield Airport (BFL)
Brown Field Muni (SDM)
Buchanan Field Airport (CCR)
Cable Airport (CCB)
Camarillo Airport (KCMA)
Carlsbad Airport (CRQ)
Chico Municipal Airport (CIC)
French Valley Airport (RBK)
Gillespie Field Airport (SEE)
Hayward Executive Airport (HWD)
Imperial County Airport (IPL)
Jacqueline Cochran Rgn Airport (TRM)
Lake Tahoe Airport (TVL)
Livermore Muni (LVK)
Merced Regional Airport (MCE)
Modesto Airport (MOD)
Mojave Airport (MHV)
Monterey Regional Airport (MRY)
Montgomery Field Airport (MYF)
Napa County Airport (APC)
Oceanside Airport (OCN)
Ramona Airport (KRNM)
Sacramento Executive (SAC)
Sacramento Mather Airport (MHR)
San Bernardino Int'l (SBD)
San Luis Obispo Regional Airport (SBP)
Santa Maria Airport (SMX)
Southern California Logistics Airport (VCV)
Stockton Metropolitan (SCK)
Truckee-Tahoe Airport (TRK)
Ventura County Airport (OXR)
Visalia Muni (VIS)
Drivers: How to Redirect a Prohibited Airport Request
If your city's airport is prohibited for pickups, the app will prevent airport pickup requests from being made. If a passenger moves their pin outside airport property, and asks you to come pick them up at the airport, kindly inform them that you are not authorized to, and they'll need to find alternate means of transportation.
Drop-offs can be trickier. Click below for tips on how to handle requests for prohibited airport drop-offs.
Redirecting airport drop-offs
If a passenger asks you to take them to a prohibited airport, here’s what to do to make the conversation go smoothly.
Offer to take them to a nearby destination.
Apologize, and politely cancel the ride. Worried about your acceptance rate? Let us know if you had a cancellation. We'll remove it from that day's summary.
Monday, June 29, 2015
New bill could legalize paid carpooling
Source: Los Angeles Times 4/20/15
http://www.latimes.com/business/technology/la-fi-tn-tnc-carpooling-20150420-story.html
Carpooling is one of the most popular services transport network companies like Uber, Lyft and Sidecar offer, but it faces a problem. Under California law, paid carpooling is prohibited.
Assemblyman Phil Ting (D-San Francisco) is hoping to change that.
Introducing AB 1360 on Monday, Ting said the bill would change a Californian law written in 1961 that doesn’t allow passengers in a commercial ride to each be charged separately for sharing the ride.
Lyft and Uber launch carpool-like services in San Francisco
“We have long encouraged public transit and carpooling to reduce traffic and air pollution,” Ting said. “We cannot extend this mindset to ride-sharing without changing a 50-year-old law predating the Internet.”
Transport network companies such as Uber, Lyft and SideCar launched their carpooling services in California last summer. Shortly afterward, they were notified by the Public Utilities Commission that existing law did not allow their carpooling business model. While the PUC did not outright prohibit TNCs from continuing their carpooling services, it recognized that the Legislature had to update state law to authorize multiple passengers to share rides and split fares.
Ting described the existing law as “archaic,” and said the new bill would be “win, win, win” for consumers, drivers, and the environment.
“[The bill] accomplishes what needs to be done, which is allowing multiple people to share a vehicle that are heading in the same direction,” said Lyft’s director of public affairs, David Mack. “I think there’s going to be pretty swift adoption of it.”
“In less than a year, thousands of California residents have helped get cars off the road, lessen congestion and improve our environment and now the California Legislature has the opportunity to embrace this innovation by codifying this service and adopting AB 1360,” said Uber spokeswoman Eva Behrend.
Lauren Faber, the Environmental Defense Fund’s West Coast political director, described the bill as “common sense” and praised Ting for introducing a bill that would ultimately benefit the environment.
AB 1360 is one of several Transport network company-, or TNC-, focused bills introduced to the California Legislature this session. It joins AB 24, a bill that increases the safety and background check requirements for TNC drivers; AB 886, a passenger privacy bill that requires TNCs to destroy personal data associated with terminated customer accounts; and AB 1422, which allows TNCs to participate in the DMV Employer Pull Notice System and check the driving records of its partner drivers.
http://www.latimes.com/business/technology/la-fi-tn-tnc-carpooling-20150420-story.html
Carpooling is one of the most popular services transport network companies like Uber, Lyft and Sidecar offer, but it faces a problem. Under California law, paid carpooling is prohibited.
Assemblyman Phil Ting (D-San Francisco) is hoping to change that.
Introducing AB 1360 on Monday, Ting said the bill would change a Californian law written in 1961 that doesn’t allow passengers in a commercial ride to each be charged separately for sharing the ride.
Lyft and Uber launch carpool-like services in San Francisco
“We have long encouraged public transit and carpooling to reduce traffic and air pollution,” Ting said. “We cannot extend this mindset to ride-sharing without changing a 50-year-old law predating the Internet.”
Transport network companies such as Uber, Lyft and SideCar launched their carpooling services in California last summer. Shortly afterward, they were notified by the Public Utilities Commission that existing law did not allow their carpooling business model. While the PUC did not outright prohibit TNCs from continuing their carpooling services, it recognized that the Legislature had to update state law to authorize multiple passengers to share rides and split fares.
Ting described the existing law as “archaic,” and said the new bill would be “win, win, win” for consumers, drivers, and the environment.
“[The bill] accomplishes what needs to be done, which is allowing multiple people to share a vehicle that are heading in the same direction,” said Lyft’s director of public affairs, David Mack. “I think there’s going to be pretty swift adoption of it.”
“In less than a year, thousands of California residents have helped get cars off the road, lessen congestion and improve our environment and now the California Legislature has the opportunity to embrace this innovation by codifying this service and adopting AB 1360,” said Uber spokeswoman Eva Behrend.
Lauren Faber, the Environmental Defense Fund’s West Coast political director, described the bill as “common sense” and praised Ting for introducing a bill that would ultimately benefit the environment.
AB 1360 is one of several Transport network company-, or TNC-, focused bills introduced to the California Legislature this session. It joins AB 24, a bill that increases the safety and background check requirements for TNC drivers; AB 886, a passenger privacy bill that requires TNCs to destroy personal data associated with terminated customer accounts; and AB 1422, which allows TNCs to participate in the DMV Employer Pull Notice System and check the driving records of its partner drivers.
Rating the Riders - The Best Way to Get 5 Stars
When your passenger gets out of your car, thank him for riding with you and tell them that you are giving them 5 Stars.
This will remind them that drivers rate them and if they got good service from you they will hopefully give you 5 Stars too.
This will remind them that drivers rate them and if they got good service from you they will hopefully give you 5 Stars too.
Our Riders May Not Be The Sharpest Crayons in the Box
This post on a Uber Driver Facebook page caught my eye and it goes to proves something that I have been saying to fellow ride share drivers for the past 6 months.
Communicate with the passenger.
The LA area has a feature on Uber called Uber Pool. It allows multiple riders to split the cost of the ride as long as they are going in the same general direction.
A passenger requested an Uber Pool ride and when he got in was surprised to see another rider in the car. He reported it to Uber.
The problem is here is that when it comes to driver relations, Uber lacks not only people skills but in many cases people with brains. An Uber worker may read this, not fully understand that this was an Uber Pool related issue and send the driver a warning or, at worst, deactivate him for having another rider in the car.
When someone jumps in to join in the Uber Pool trip, it might be advisable to introduce him to the other Uber Pool rider and say that he is traveler in the same direction sharing the cost of the ride with your new passenger.
If the new passenger balks suggest he steps out and cancels the ride and order an Uber X for a private trip but warn him that he might be charged for the cancellation.
Communicate with the passenger.
The LA area has a feature on Uber called Uber Pool. It allows multiple riders to split the cost of the ride as long as they are going in the same general direction.
A passenger requested an Uber Pool ride and when he got in was surprised to see another rider in the car. He reported it to Uber.
The problem is here is that when it comes to driver relations, Uber lacks not only people skills but in many cases people with brains. An Uber worker may read this, not fully understand that this was an Uber Pool related issue and send the driver a warning or, at worst, deactivate him for having another rider in the car.
When someone jumps in to join in the Uber Pool trip, it might be advisable to introduce him to the other Uber Pool rider and say that he is traveler in the same direction sharing the cost of the ride with your new passenger.
If the new passenger balks suggest he steps out and cancels the ride and order an Uber X for a private trip but warn him that he might be charged for the cancellation.
Friday, June 26, 2015
Shattered Display Sparks Terror in Hearts and Minds of Drivers
Two days ago the most feared thing that could ever happen to a TNC driver happened to me, I dropped my smart phone on the sidewalk and shattered the display. Fortunately I had a scratch protector on the display and a cover but because the city had recently paved the street there was gravel on the sidewalk, which shattered my display screen.
I called a Star Tek in Long Beach and they told me to bring it down. When I got there I found out that the screen was not in stock but they offered to order a replacement. The next day when the replacement arrived I got a call from them, Ubered on over and they replaced the shattered screen in a matter of 30 minutes.
If you are in Long Beach, CA and the same thing happens to you, fear not. For about $160 you can be up and running again.
For more information of Star Tek check out their website:
http://www.startekrepair.com/
Los Angeles: Lyft Zone at Beverly Center
Lyft has announced that they have partnered with the Beverly Center shopping mall to create a Lyft Zone: an area where passengers can conveniently get picked up and dropped off.
Thursday, June 25, 2015
Start Driving and Earn Cash!
Drive for LYFT and earn $$$
Drivers in Long Beach are earning from $20 to $35 (or more) an hour.
Riders can TIP drivers right from the app.
Much less stressful than driving for that other ride share app.
Increase your ride potential if you drive for that other ride share app.
This is like fishing with two baited lines.
Run both apps and shut down the other as soon as you get a ride request.
Much less waiting between rides!!
Use this link to sign up and get a sign in bonus!
Bonus rates vary at time of sign in.
Rumor debunked: Uber deactivating drivers for not signing up with Farmers
A rumor were posted on the Uberdrivers group on Facebook this morning alleging that Farmer Insurance agents were telling drivers that Uber was going to deactivate them if they are not covered with the new GAP policy, which was mandated by the state as of July 1, 2015.
As an iRumorMill.com Internet investigator, this caught my eye so I sent an inquiry to the Uber Partners office in Los Angeles.
This appears to be a hoax after they sent me the response below:
As an iRumorMill.com Internet investigator, this caught my eye so I sent an inquiry to the Uber Partners office in Los Angeles.
This appears to be a hoax after they sent me the response below:
Thanks for writing in.
No worries, I have checked on your concern and can confirm that there will be no deactivation for drivers happening in line with the issue of mandatory gap plan. We will surely send you emails for any updates on Uber.
If I can help with anything else, please let me know.
Mary
help.uber.com
help.uber.com
Deactivation: A Sad Reality
Maintaining a 5 Star rating appears to be the biggest challenge for drivers. If ratings drop below 4.6 drivers could face deactivation. Uber floods the market with drivers and are very happy to finance their new cars, at a cost of $125 a week and up, but if the driver rating drops below the high performance expectations it could mean game over for the driver.
Some tips on keeping high ratings.
Communication:
Contrary to what the training videos say, call the rider when you get the request as you are driving toward them. Sometimes the NAV apps are inaccurate so a call to confirm their pick up location betters your chances of a happy rider.
When you get to the pick up and they are not outside waiting, call them after a minute to say you are there, give your location, and switch on your emergency flashers. Telling the rider you got the flashers blinking helps them to find you better.
Hospitality:
When the riders get in the car, welcome them and ask their name. I usually say, "Welcome aboard (rider name), I am (driver name) and if there is anything I can do to make your ride more confortable please let me know.
Accuracy:
When you begin the ride confirm the destination. Do not rely on the NAV apps to get you there. Ask the rider if they would like to navigate you to the destination.
Snacks and water:
You do not get paid enough to supply snack and water. Also if you do airport runs you do not need to clutter up the trunk with a snack shop. I usually keep one bottle of water in the trunk for emergencies.
Safety:
The number one mission is to get the rider to the destination in a safe manner. Do not speed, obey the laws and drive defensively.
Know when to talk and when to shut up:
Sometimes riders are in the back seat conducting business on mobiles. Be observant of what they are doing and if they want to chat go ahead and do so.
Commit to driving:
If a driver can only work 4 hours a week, Uber is not for that driver. All it takes is a 1 Star review from a rider to toss you out of the ball game if you only do 4 or 5 rides. Uber will deactivate the driver, suggest a $60 class and a probationary period for the driver to bring up the ratings. If this happens to you and you wish to continue driving for Uber you must be ready to drive 25 to 30 hours a week to bring up and maintain high ratings.
I know of a case where a preschool teacher started driving during Spring break. She had 5 passengers one weekend, got 4 five star reviews and 1 one star review from a foreign business man who did not know the area and expected to be taken to his destination and a fraction of time that it normally takes. Her rating dropped way be low the average and got deactivated. She took the class, took up her ratings but after Spring break returned to teaching school with anticipation to drive Uber over the Summer break. Two weeks before the end of school she got a deactivation from Uber because she did not maintain her driving over the weekends.
Dealing with Uber is like the old "Computer Says No" sketch from Little Britain:
Sometimes the a trip to the local Uber office to plead your case may get the driver reactivated. Local staff are nice but they do not have the power to make any changes.
Some tips on keeping high ratings.
Communication:
Contrary to what the training videos say, call the rider when you get the request as you are driving toward them. Sometimes the NAV apps are inaccurate so a call to confirm their pick up location betters your chances of a happy rider.
When you get to the pick up and they are not outside waiting, call them after a minute to say you are there, give your location, and switch on your emergency flashers. Telling the rider you got the flashers blinking helps them to find you better.
Hospitality:
When the riders get in the car, welcome them and ask their name. I usually say, "Welcome aboard (rider name), I am (driver name) and if there is anything I can do to make your ride more confortable please let me know.
Accuracy:
When you begin the ride confirm the destination. Do not rely on the NAV apps to get you there. Ask the rider if they would like to navigate you to the destination.
Snacks and water:
You do not get paid enough to supply snack and water. Also if you do airport runs you do not need to clutter up the trunk with a snack shop. I usually keep one bottle of water in the trunk for emergencies.
Safety:
The number one mission is to get the rider to the destination in a safe manner. Do not speed, obey the laws and drive defensively.
Know when to talk and when to shut up:
Sometimes riders are in the back seat conducting business on mobiles. Be observant of what they are doing and if they want to chat go ahead and do so.
Commit to driving:
If a driver can only work 4 hours a week, Uber is not for that driver. All it takes is a 1 Star review from a rider to toss you out of the ball game if you only do 4 or 5 rides. Uber will deactivate the driver, suggest a $60 class and a probationary period for the driver to bring up the ratings. If this happens to you and you wish to continue driving for Uber you must be ready to drive 25 to 30 hours a week to bring up and maintain high ratings.
I know of a case where a preschool teacher started driving during Spring break. She had 5 passengers one weekend, got 4 five star reviews and 1 one star review from a foreign business man who did not know the area and expected to be taken to his destination and a fraction of time that it normally takes. Her rating dropped way be low the average and got deactivated. She took the class, took up her ratings but after Spring break returned to teaching school with anticipation to drive Uber over the Summer break. Two weeks before the end of school she got a deactivation from Uber because she did not maintain her driving over the weekends.
Dealing with Uber is like the old "Computer Says No" sketch from Little Britain:
Sometimes the a trip to the local Uber office to plead your case may get the driver reactivated. Local staff are nice but they do not have the power to make any changes.
French Uber protests block Paris and Marseille transport
This came from the BBC today:
French taxi drivers have blocked the roads to Paris airports and the main ring road around the city in a protest against Uber, prompting riot police to fire tear gas at some.
The drivers set up blockades and burned tyres as part of a nationwide strike.
Barriers also appeared around Marseilles and Aix-en-Provence in southeast France.
Uber, a US taxi app, has been expanding its UberPOP ride-sharing service in France despite government objections.
Images from Marseille and Paris showed cars overturned and tyres burning in the street.
Aeroports de Paris, the operator of the French capital's Charles de Gaulle (CDG) and Orly airports, warned passengers to travel by train.
"Access by road is completely blocked," the company said on its website. "The only way to get to CDG is (by train)."
With traffic at a standstill in places, some travellers walked along the side of the motorway to reach the airport.
Musician Courtney Love Cobain appeared to have been caught up in the violence. She tweeted saying her taxi had been ambushed and protesters were "beating the cars with metal bats". She also of her taxi spattered with egg.
Taxi drivers also blocked access to Marseille and Aix train stations and protested on the main access to Marseilles-Provence airport.
The drivers - who have to pay thousands of euros for a licence - say they are being unfairly undercut by Uber, which is not licensed by the authorities.
Prosecutors have cracked down on Uber, filing almost 500 legal cases involving complaints about UberPOP. About 100 attacks on Uber drivers and passengers have been reported in recent weeks.
"Many taxis drivers are infuriated," Abdelkader Morghad, a representative of the FTI taxi union, told Bloomberg.
"We're demanding that the Thevenoud law, which clearly forbids unlicensed drivers, be implemented. There's a lack of political will to do it."
The law, which came into force in October, bans services that put passengers in touch with unregistered drivers. Uber has appealed against the rule, arguing that it gives licensed taxis an unfair advantage.
According to Mr Morghad, France's licensed drivers have lost between 30% and 40% of their income over two years because of the growth of Uber.
The San Francisco-based firm says it has a million users in France, including 250,000 for its basic UberPOP service. Uber also operates a luxury service which is not banned.
Uber has faced similar teething problems in cities all over the world, with traditional taxi drivers protesting against being undercut by the unlicensed company.
But licensed taxi drivers have been criticised for being slow to adopt the app-based geolocation technology behind Uber's success.
Monday, June 22, 2015
Question of the week: Should I report a ticket for driving and using a cell phone to Uber?
This question was asked in the Facebook Uber Drivers group:
Has anyone ever gotten a ticket for using their cell phone while driving for Uber? Should I report it to Uber, fight it, or just pay the fine?
Personally, I wouldn't because I do not think it is Uber's responsibility to pay a driver's ticket if he breaks the law.
The primary mission of Uber is safety and as drivers we should know our local laws.
Phone mounts are not that costly. There is a nice variety of them to mount on windshields, dashes and air conditioning vents. There are also a nice variety of hands free devices that a driver can use with a cellphone.
I personally like the LG hand free blue tooth device that hangs around my neck. It has an easy to access on switch so I can switch from speaker to head set.
I found this one at: http://www.esurebuy.com/lg-tone-pro-hbs-750-bluetooth-stereo-headset/
Bottom line, I think it is cheaper to invest in a hands free unit than risk getting a ticket.
Some states have fines as low as $25 ticket, but what the news media fails to report is that some municipalities add on fine assessments. I got a ticket about 8 years ago that put me into sticker shock. The city of Long Beach added assessments that took my fine to about $70.
Driving passengers is an awesome responsibility, which many of us may take for granted. We should always place safety first.
Has anyone ever gotten a ticket for using their cell phone while driving for Uber? Should I report it to Uber, fight it, or just pay the fine?
Personally, I wouldn't because I do not think it is Uber's responsibility to pay a driver's ticket if he breaks the law.
The primary mission of Uber is safety and as drivers we should know our local laws.
Phone mounts are not that costly. There is a nice variety of them to mount on windshields, dashes and air conditioning vents. There are also a nice variety of hands free devices that a driver can use with a cellphone.
I personally like the LG hand free blue tooth device that hangs around my neck. It has an easy to access on switch so I can switch from speaker to head set.
I found this one at: http://www.esurebuy.com/lg-tone-pro-hbs-750-bluetooth-stereo-headset/
Bottom line, I think it is cheaper to invest in a hands free unit than risk getting a ticket.
Some states have fines as low as $25 ticket, but what the news media fails to report is that some municipalities add on fine assessments. I got a ticket about 8 years ago that put me into sticker shock. The city of Long Beach added assessments that took my fine to about $70.
Driving passengers is an awesome responsibility, which many of us may take for granted. We should always place safety first.
California Mandates Gap Coverage for Rideshare Drivers
Here is the text of the bill found at:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2293
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2293
Assembly Bill No. 2293 |
CHAPTER 389 |
An act to add Article 7 (commencing with Section 5430) to Chapter 8 of Division 2 of the Public Utilities Code, relating to transportation.
[ Approved by Governor September 17, 2014. Filed with Secretary of State September 17, 2014. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2293, Bonilla. Transportation network companies: insurance coverage.
Existing law, the Passenger Charter-party Carriers’ Act, provides for the regulation of charter-party carriers of passengers by the Public Utilities Commission, and makes it unlawful for a charter-party carrier to operate without first obtaining a permit or certificate, from the commission, except as specified. The act requires a charter-party carrier to, among other things, comply with specified vehicle identification and accident liability protection requirements. A violation of the act is generally a misdemeanor, punishable by a specified fine or term of imprisonment, or both, depending on the violation.
This bill would amend the Passenger Charter-party Carriers’ Act to enact specified requirements for liability insurance coverage for transportation network companies, as defined, and their participating drivers. These requirements would become operative on July 1, 2015. The bill would describe 2 distinct time periods and would specify the insurance requirements for each of those time periods and alternative methods of compliance with those requirements. The bill would require uninsured and underinsured motorist coverage to be provided for specified time periods. The bill would, in the event a driver’s insurance policy ceases to exist or has been canceled, or under certain other circumstances, require a transportation network company’s insurance policy to provide the required coverage.
The bill, beginning July 1, 2015, would provide that a participating driver’s or vehicle owner’s personal automobile insurance policy does not provide coverage to the participating driver, vehicle owner, or any 3rd party unless the policy so provides. The bill, beginning July 1, 2015, would require certain written disclosures by transportation network companies to their participating drivers on the insurance coverage provided by the company and to advise that the driver’s personal automobile insurance policy will not provide coverage. The bill would authorize a personal automobile insurer to offer such coverage at its discretion to cover private vehicles, as specified. The bill would require participating drivers to carry proof of insurance coverage, as specified. The bill would require the commission and the Department of Insurance to collaborate on a study of transportation network company insurance, as specified, and would prohibit a transportation network company from disclosing the personally identifiable information of a passenger, except as specified. The bill would specify the Legislature’s intent relating to expediting the approval of transportation network company insurance products, and would set forth related legislative findings and declarations.
Because a violation of the bill’s provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yesBILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Article 7 (commencing with Section 5430) is added to Chapter 8 of Division 2 of the Public Utilities Code, to read:Article 7. Transportation Network Companies
5430.
Notwithstanding any other provision of this chapter, this article shall apply to transportation network companies.5431.
(a) As used in this article, a “transportation network company” is an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle.
(b) As used in this article, “participating driver” or “driver” is any person who uses a vehicle in connection with a transportation network company’s online-enabled application or platform to connect with passengers.
(c) As used in this article, “transportation network company insurance” is a liability insurance policy that specifically covers liabilities arising from a driver’s use of a vehicle in connection with a transportation network company’s online-enabled application or platform.
5432.
(a) A transportation network company shall disclose in writing to participating drivers, as part of its agreement with those drivers, the insurance coverage and limits of liability that the transportation network company provides while the driver uses a vehicle in connection with a transportation network company’s online-enabled application or platform, and shall advise a participating driver in writing that the driver’s personal automobile insurance policy will not provide coverage because the driver uses a vehicle in connection with a transportation network company’s online-enabled application or platform.
(b) A transportation network company shall also disclose in writing to participating drivers, as part of its agreement with those drivers, that the driver’s personal automobile insurance policy will not provide collision or comprehensive coverage for damage to the vehicle used by the driver from the moment the driver logs on to the transportation network company’s online-enabled application or platform to the moment the driver logs off the transportation network company’s online-enabled application or platform.
(c) This section shall become operative on July 1, 2015.
5433.
(a) A transportation network company and any participating driver shall maintain transportation network company insurance as provided in this section.
(b) The following requirements shall apply to transportation network company insurance from the moment a participating driver accepts a ride request on the transportation network company’s online-enabled application or platform until the driver completes the transaction on the online-enabled application or platform or until the ride is complete, whichever is later:
(1) Transportation network company insurance shall be primary and in the amount of one million dollars ($1,000,000) for death, personal injury, and property damage. The requirements for the coverage required by this subdivision may be satisfied by any of the following:
(A) Transportation network company insurance maintained by a participating driver.
(B) Transportation network company insurance maintained by a transportation network company.
(C) Any combination of subparagraphs (A) and (B).
(2) Transportation network company insurance coverage provided under this subdivision shall also provide for uninsured motorist coverage and underinsured motorist coverage in the amount of one million dollars ($1,000,000) from the moment a passenger enters the vehicle of a participating driver until the passenger exits the vehicle. The policy may also provide this coverage during any other time period, if requested by a participating driver relative to insurance maintained by the driver.
(3) The insurer, in the case of insurance coverage provided under this subdivision, shall have the duty to defend and indemnify the insured.
(4) A transportation network company may meet its obligations under this subdivision through a policy obtained by a participating driver pursuant to subparagraph (A) or (C) of paragraph (1) only if the transportation network company verifies that the policy is maintained by the driver and is specifically written to cover the driver’s use of a vehicle in connection with a transportation network company’s online-enabled application or platform.
(c) The following requirements shall apply to transportation network company insurance from the moment a participating driver logs on to the transportation network company’s online-enabled application or platform until the driver accepts a request to transport a passenger, and from the moment the driver completes the transaction on the online-enabled application or platform or the ride is complete, whichever is later, until the driver either accepts another ride request on the online-enabled application or platform or logs off the online-enabled application or platform:
(1) Transportation network company insurance shall be primary and in the amount of at least fifty thousand dollars ($50,000) for death and personal injury per person, one hundred thousand dollars ($100,000) for death and personal injury per incident, and thirty thousand dollars ($30,000) for property damage. The requirements for the coverage required by this paragraph may be satisfied by any of the following:
(A) Transportation network company insurance maintained by a participating driver.
(B) Transportation network company insurance maintained by a transportation network company that provides coverage in the event a participating driver’s insurance policy under subparagraph (A) has ceased to exist or has been canceled, or the participating driver does not otherwise maintain transportation network company insurance pursuant to this subdivision.
(C) Any combination of subparagraphs (A) and (B).
(2) A transportation network company shall also maintain insurance coverage that provides excess coverage insuring the transportation network company and the driver in the amount of at least two hundred thousand dollars ($200,000) per occurrence to cover any liability arising from a participating driver using a vehicle in connection with a transportation network company’s online-enabled application or platform within the time periods specified in this subdivision, which liability exceeds the required coverage limits in paragraph (1).
(3) The insurer providing insurance coverage under this subdivision shall be the only insurer having the duty to defend any liability claim arising from an accident occurring within the time periods specified in this subdivision.
(4) A transportation network company may meet its obligations under this subdivision through a policy obtained by a participating driver pursuant to subparagraph (A) or (C) of paragraph (1) only if the transportation network company verifies that the policy is maintained by the driver and is specifically written to cover the driver’s use of a vehicle in connection with a transportation network company’s online-enabled application or platform.
(d) Coverage under a transportation network company insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.
(e) In every instance where transportation network company insurance maintained by a participating driver to fulfill the insurance obligations of this section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.
(f) This article shall not limit the liability of a transportation network company arising out of an automobile accident involving a participating driver in any action for damages against a transportation network company for an amount above the required insurance coverage.
(g) This section shall become operative on July 1, 2015.
5434.
(a) Nothing in this section shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage during the period of time from the moment a participating driver in a transportation network company logs on to the transportation network company’s online-enabled application or platform until the driver logs off the online-enabled application or platform or the passenger exits the vehicle, whichever is later.
(b) During the period of time from the moment a participating driver in a transportation network company logs on to the transportation network company’s online-enabled application or platform until the driver logs off the online-enabled application or platform or the passenger exits the vehicle, whichever is later, all of the following shall apply:
(1) The participating driver’s or the vehicle owner’s personal automobile insurance policy shall not provide any coverage to the participating driver, vehicle owner, or any third party, unless the policy expressly provides for that coverage during the period of time to which this subdivision is applicable, with or without a separate charge, or the policy contains an amendment or endorsement to provide that coverage, for which a separately stated premium is charged.
(2) The participating driver’s or the vehicle owner’s personal automobile insurance policy shall not have the duty to defend or indemnify for the driver’s activities in connection with the transportation network company, unless the policy expressly provides otherwise for the period of time to which this subdivision is applicable, with or without a separate charge, or the policy contains an amendment or endorsement to provide that coverage, for which a separately stated premium is charged.
(c) Notwithstanding any other law, a personal automobile insurer may, at its discretion, offer an automobile liability insurance policy, or an amendment or endorsement to an existing policy, that covers a private passenger vehicle, station wagon type vehicle, sport utility vehicle, or similar type of vehicle with a passenger capacity of eight persons or less, including the driver, while used in connection with a transportation network company’s online-enabled application or platform only if the policy expressly provides for the coverage during the time period specified in subdivision (b), with or without a separate charge, or the policy contains an amendment or an endorsement to provide that coverage, for which a separately stated premium may be charged.
(d) This section shall become operative on July 1, 2015.
5435.
In a claims coverage investigation, a transportation network company or its insurer shall cooperate with insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of dates and times at which an accident occurred that involved a participating driver and the precise times that the participating driver logged on and off the transportation network company’s online-enabled application or platform.5436.
The commission and the Department of Insurance shall collaborate on a study of transportation network company insurance to assess whether coverage requirements are appropriate to the risk of transportation network company services in order to promote data-driven decisions on insurance requirements, and shall report the findings of this study to the Legislature no later than December 31, 2017.5437.
A transportation network company shall not disclose to a third party any personally identifiable information of a transportation network company passenger unless one of the following applies:
(1) The customer knowingly consents.
(2) Pursuant to a legal obligation.
(3) The disclosure is to the commission in order to investigate a complaint filed with the commission against a transportation network company or a participating driver and the commission treats the information under confidentiality protections.
5438.
It is the intent of the Legislature that the Department of Insurance expedite review of any application for approval of transportation network company insurance products, and that these products become available for purchase on or before July 1, 2015.5439.
Transportation network company insurance that meets the requirements of Section 5433 shall be deemed to satisfy the financial responsibility requirements of Sections 16054 and 16056 of the Vehicle Code.5440.
The Legislature makes the following findings:
(a) The commission has initiated regulation of transportation network companies as a new category of charter-party carriers and continues to develop appropriate regulations for this new service.
(b) Given the rapidly evolving transportation network company service, it is the intent of the Legislature to continue ongoing oversight of the commission’s regulation of these services in order to enact legislation to adjust commission authority and impose specific requirements or prohibitions as deemed necessary as these services evolve.
5441.
The Legislature does not intend, and nothing in this article shall be construed, to prohibit the commission from exercising its rulemaking authority in a manner consistent with this article, or to prohibit enforcement activities related to transportation network companies.5442.
A participating driver of a transportation network company shall carry proof of transportation network company insurance coverage with him or her at all times during his or her use of a vehicle in connection with a transportation network company’s online-enabled application or platform. In the event of an accident, a participating driver shall provide this insurance coverage information to any other party involved in the accident, and to a police officer, upon request.5443.
Notwithstanding Section 11580.9 of the Insurance Code, or any other law affecting whether one or more policies of insurance that may apply with respect to an occurrence is primary or excess, this article determines the obligations under insurance policies issued to transportation network companies and, if applicable, drivers using a vehicle in connection with a transportation network company’s online-enabled application or platform.SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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Wednesday, June 17, 2015
Uber drivers are employees, not contractors -Calif. Labor Commission
Just stumbled on this on Yahoo news:
http://finance.yahoo.com/news/uber-drivers-employees-not-contractors-143252024.html
Here is the court document:
https://www.scribd.com/doc/268947596/Uber-Filing
http://finance.yahoo.com/news/uber-drivers-employees-not-contractors-143252024.html
WASHINGTON, DC, June 17 (Reuters) - A San Francisco-based driver for ride-hailing service Uber is an employee, according to a ruling by the California Labor Commission.
The ruling earlier this month and filed Tuesday in state court in San Francisco, said Uber is "involved in every aspect of the operation." Uber has argued its drivers are contractors, not employees.
Uber is appealing a labor commissioner award of about $4,000 in expenses to the driver.
The California ruling came in response to a claim brought by San Francisco-based driver Barbara Ann Berwick.
(Reporting by Sarah McBride; Editing by Jeffrey Benkoe)
https://www.scribd.com/doc/268947596/Uber-Filing
Friday, June 12, 2015
Dealing with Navigation Challenges
Depending on Navigation Apps can sometimes result in disaster.
Often, riders will pin their locations instead of manually typing in the address where they are. This could cost precious time locating them. It is a good habit to call the rider to tell them you are on the way and to confirm the pick up location.
When the rider gets in the car, welcome them aboard and ask them to confirm the destination, which hopefully they have already entered into the app. Ask them if they prefer a route or would like to navigate you. Tap the navigate button on your app and mention that sometimes the navigation app will suggest an alternate route when there is a build up of traffic.
Always go with the rider's preferred route.
Some apps are better than others and so far Waze seems to offer the best information for drivers.
Waze allows drivers to enter pot holes, vehicles along the side of the road, and police activity. If you are suddenly in traffic it may even suggest a quicker alternate route to get your destination in a more timely manner.
Thursday, June 11, 2015
New Drivers Say The Darndest Things
I recently pulled into the IHOP parking lot across the street from John Wayne Airport to use the rest room and I saw a Uber driver sitting in his car with the engine running as he was waiting for a ride request from the airport.
I introduced myself and we talked for a while about business while all the time his engine was running with the air conditioner keeping him cool.
I asked him how he liked his BMW for driving TNC and he said that he hated it. The dealer told him he would get 29 MPG but now it seems that he is only getting 19 MPG.
I had to wonder if he will ever catch on that you have to shut off the motor to improve mileage.
I introduced myself and we talked for a while about business while all the time his engine was running with the air conditioner keeping him cool.
I asked him how he liked his BMW for driving TNC and he said that he hated it. The dealer told him he would get 29 MPG but now it seems that he is only getting 19 MPG.
I had to wonder if he will ever catch on that you have to shut off the motor to improve mileage.
Wednesday, June 10, 2015
John Wayne Airport - Rules and Regulations
Drivers picking up and dropping off passengers at John Wayne Airport should know the rules.
Otherwise, one of the many officers stationed there will be happy to tell you about them.
Tonight I got off with a warning for picking up a passenger at the departure terminal.
Basics:
1 Uber, Lyft and Wingz are the only permitted TNC's at John Wayne Airport.
2 Trade dress must be visible on lower right corner of windshield.
3 When dropping off, drivers must exit the airport.
4 Waiting at the airport for passenger requests are not permitted.
5 Passengers may only be picked up at the Arrivals level.
Update 6/11/15: Rules found at:
http://www.ocair.com/commissions/ocairportcommission/archive/2015/2015-01-21/item3.pdf
Original:
I found 22 pages of rules on the web. They were found on the Google cache site and these rules are nowhere found on the present OCAIR.COM website. Sorry about the formatting...
Otherwise, one of the many officers stationed there will be happy to tell you about them.
Tonight I got off with a warning for picking up a passenger at the departure terminal.
Basics:
1 Uber, Lyft and Wingz are the only permitted TNC's at John Wayne Airport.
2 Trade dress must be visible on lower right corner of windshield.
3 When dropping off, drivers must exit the airport.
4 Waiting at the airport for passenger requests are not permitted.
5 Passengers may only be picked up at the Arrivals level.
Update 6/11/15: Rules found at:
http://www.ocair.com/commissions/ocairportcommission/archive/2015/2015-01-21/item3.pdf
Original:
I found 22 pages of rules on the web. They were found on the Google cache site and these rules are nowhere found on the present OCAIR.COM website. Sorry about the formatting...
Agenda
Item
AGENDA
STAFF REPORT
ASR
Control 15-000042
MEETING
DATE:
02/03/15
LEGAL
ENTITY TAKING ACTION:
Board
of Supervisors
BOARD
OF SUPERVISORS DISTRICT(S):
2
SUBMITTING
AGENCY/DEPARTMENT:
John
Wayne Airport (Approved)
DEPARTMENT
CONTACT PERSON(S):
Alan
L. Murphy (949) 252-5183
Scott
Hagen (949) 252-5241
SUBJECT: Transportation
Network Company Ground Transportation Operating Permit
CEO
CONCUR
COUNTY COUNSEL REVIEW
CLERK
OF THE BOARD
Pending
Review
Approved
Agreement to Form
Discussion
3
Votes Board Majority
Budgeted: N/A
Current Year
Cost: N/A
Annual
Cost: N/A
Staffing
Impact: No
#
of Positions:
Sole
Source: N/A
Current
Fiscal Year Revenue: N/A
Funding
Source: N/A
County Audit
in last 3 years: No
Prior Board
Action: N/A
RECOMMENDED
ACTION(S):
1. Find that
the proposed project is Categorically Exempt from the California
Environmental Quality
Act (CEQA),
Class 1 (Existing Facilities) pursuant to CEQA Guidelines Section
15301.
2. Approve the
attached Transportation Network Company (TNC) Charter Operator
Commercial
Ground
Transportation Operating Permit.
3. Upon the
Airport’s verification of all permit requirements, authorize the
issuance of the TNC
Operating
Permit to interested Transportation Network Companies.
4. Authorize
Airport Director to make amendments to the TNC Permit to address
evolving operational
and regulatory
issues associated with initiation of TNC Services at John Wayne
Airport.
SUMMARY:
Approve the
Transportation Network Company (TNC) Charter Operator Commercial
Ground
Transportation
Operating Permit, and authorize necessary amendments to address
evolving operational
and regulatory
issues associated with initiation of TNC Services at John Wayne
Airport (JWA).
Page 1
BACKGROUND
INFORMATION:
John Wayne
Airport passengers are picked-up from and delivered to the airport by
several different types
of ground
transportation providers. Historically, these providers have included
metered taxis as well as
Charter-party
Carriers such as limousines, town cars, door-to-door shuttles, and
courtesy hotel and rental
car shuttles.
Orange County Codified Ordinance Section 2-1-42 requires that
taxicabs and other
commercial
carriers obtain a contract prior to carrying passengers for hire at
JWA. All Charter-party
Carriers that
operate at JWA do so pursuant to an airport-issued ground
transportation permit.
In recent
years, a new form of ground transportation provider has arisen. These
providers were initially
referred to as
“ridesharing” companies, but have since become known as
Transportation Network
Companies
(TNCs). The California Public Utilities Commission (CPUC) has defined
a TNC as a
company or
organization that “provide prearranged transportation services for
compensation using an
online-enabled
application or platform (such as smart phone apps) to connect drivers
using their personal
vehicles with
passengers.”
On September
19, 2013, the California Public Utilities Commission (CPUC) ruled
that TNCs fall under
the broad grant
of authority of the CPUC pursuant to Article XII of the California
Constitution and,
further,
determined that TNCs are Charter-party Passenger Carriers under the
Passenger Charter-party
Carriers’
Act. The CPUC also adopted rules and regulations for TNCs including,
but not limited to:
insurance
requirements, criminal background checks, zero tolerance substance
abuse policies, driver age
and training
requirements, and vehicle inspections. In addition, the regulations
state that TNCs may not
conduct any
operations on the property of or into any airport unless such
operations are authorized by the
airport
authority involved. On September 17, 2014, Assembly Bill 2293, which
codified specific TNC
insurance
requirements in California, was chaptered. To date, the CPUC has
issued permits to six (6)
TNCs
authorizing their operation in California.
JWA’s
existing ground transportation permits neither anticipated nor were
structured to accommodate the
TNC operational
model. Therefore, it was necessary to create a new ground
transportation permit
specifically
for TNCs. JWA and County Counsel, in consultation with CEO/Risk
Management, have
developed a TNC
Ground Transportation Operating Permit that ensures that TNC
operations at JWA are
operated: (1)
in compliance with California Law and CPUC rules and regulations; (2)
consistent with
County/Airport
Rules and Regulations; (3) fairly and equitably with other JWA ground
transportation
providers; and
(4) in a manner that protects the safety and security of airport
passengers and the County as
the owner and
operator of John Wayne Airport. The proposed TNC Ground
Transportation Operating
Permit
incorporates the existing rates and fees charged to permitted ground
transportation providers (As
approved by the
Board of Supervisors on March 12, 2002. See Resolution 02-062). It is
important to note
that, on
multiple occasions during the development of the new permit, JWA
solicited, considered and
incorporated
input from TNCs.
Compliance
with CEQA: The proposed project is Categorically Exempt
(Class 1) from the provisions
of CEQA
pursuant to Section 15301 because it consists of issuance of an
operating permit for ground
transportation
services similar to existing services already provided at JWA.
FINANCIAL
IMPACT:
Approval of the
Transportation Network Company (TNC) Charter Operator Commercial
Ground
Transportation
Operating Permit will enable TNCs to legally pick-up passengers from
JWA and enable
Page 2
JWA to recover
the existing Board approved Ground Transportation trip fee of $2.25,
to recover costs
associated with
operation, administration, security, and upkeep and maintenance of
the airport roadways
and ensure
equal treatment of all Charter-party Carriers operating at JWA.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment A -
Transportation Network Company
Charter
Operator Commercial Ground Transportation Operating Permit
Page 3
Attachment
A
Page
1 of 22
(TNC)
Transportation Operating Permit
Page 1
TRANSPORTATION
NETWORK COMPANY (TNC)
CHARTER
OPERATOR
COMMERCIAL
GROUND TRANSPORTATION OPERATING PERMIT
JOHN
WAYNE AIRPORT
ORANGE
COUNTY
Permittee is
hereby authorized and permitted by the County of Orange, hereinafter
referred to as
"County",
acting by and through its Airport Director, hereinafter referred to
as "Director", to
operate its
business or a phase thereof at the John Wayne Airport, hereinafter
referred to as
“JWA”
or "Airport", on a non-exclusive basis, for the following
purposes only and subject to the
terms and
conditions hereinafter set forth.
The following
specific terms and conditions are hereby mutually agreed to between
County
and___________________________________________________________________________
(hereinafter
referred to as "Permittee"):
1. Definitions:
A.
Transportation Network Company (TNC): A company or organization,
whether a
corporation,
partnership, sole proprietor or other form, operating in California
pursuant to
a California
Public Utilities Commission (CPUC) TNC Permit, that provides
prearranged
transportation
services using an Online-Enabled Platform, Mobile Device or
Application
to connect
passengers with drivers using personal vehicles. (For purposes of
this Permit,
the terms “TNC”
and “Permittee” are used interchangeably.)
B.
Online-Enabled Platform, Mobile Device or Application: The device
used by Drivers
and prospective
passengers to arrange for transport. (e.g. A mobile smart phone
application
(App)) (hereinafter referred to as “App” or “TNC Application”)
C. “TNC
Services”: As used in this Permit, “TNC Services” are the
provision of
Transportation
Network Company services by Permittee and its Drivers while on
Airport
Property. “TNC Services” authorized in this Permit include the
following
scenarios:
•
Match
accepted – but passenger not yet picked up (i.e., Driver is on
his/her way to
pick-up the
passenger on Airport Property.)
•
Matched
passenger is in the vehicle on Airport Property and until the
passenger is
dropped off and
safely exits the vehicle and vehicle has exited Airport Property.
For
purposes of determining Permittee’s Insurance and Indemnification
obligations,
Permittee specifically agrees that the Waybill associated with the
last
passenger drop-off controls until a vehicle without a new matched
passenger
has exited Airport Property.
•
Upon
Drop-off of a passenger, TNC Driver shall immediately exit Airport
Property,
unless TNC Driver has an existing waybill for another Passenger Pick-
Attachment
A
Page
2 of 22
(TNC)
Transportation Operating Permit
Page 2
up. TNC
Drivers are prohibited from scheduling Passenger Pick-ups while
on
Airport Property.
D. Geo-fence
Tracking Area: An electronic fence covering a specified geographic
area
around the
Airport, including but not limited to the terminal roadway, approved
by the
Director, which
tracks all Driver ingress, egress, pick-up and drop-off activity
within the
Geo-Fence
Tracking Area. The Geo-Fence shall be comprised of one or more
polygons
whose points
are geographic coordinates defined by the Airport on Airport-owned
property under
the Airport’s management. (For purposes of this Permit, the terms
“Geo-
fence Tracking
Area” and “Airport Property” are used interchangeably.)
E. TNC Driver:
Any person providing “TNC Services” pursuant to Permittee’s
authority
provided in
this Permit. The term “TNC Driver” applies at all times that a
TNC Driver is
on Airport
property by reason of the driver’s relationship with Permittee,
regardless of
whether the TNC
Vehicle is carrying a passenger.
F. TNC Vehicle:
The vehicle being driven by the Driver while providing “TNC
Services.”
G. TNC Vehicle
Trade Dress or Trade Dress: Trade Dress that makes Driver’s vehicle
readily
identifiable within fifty (50) feet as being operated by Permittee as
a TNC.
Vehicle Trade
Dress shall include but not be limited to symbols and/or signs on
vehicle
doors, roofs,
side mirrors and/or grill, which can be readily identifiable within
fifty (50)
feet. Trade
Dress and location must be approved by The California Public
Utilities
Commission
(“CPUC”).
H. Passenger
Pick-up: A Passenger Pick-up made in conjunction with provision of
“TNC
Services”,
shall be defined as each time one of Permittee's Drivers picks up a
passenger
on Airport
Property. (“Passenger Pick-up” and “Pick-up” are used
interchangeably)
I. Passenger
Drop-off: A Passenger Drop-off made in conjunction with provision of
“TNC
Services”,
shall be defined as each time one of Permittee’s Driver’s
drops-off a passenger
on Airport
Property. (“Passenger Drop-off” and “Drop-off” are used
interchangeably)
J. Trip Fee:
The Orange County Board of Supervisors approved fee charged to
Permittee
for each
Passenger Pick-up made by its Drivers.
K. Waybill: The
prearranged reservation made between passenger and Driver.
Prearranged
Waybills are
required prior to Driver entrance onto Airport Property for purposes
of
Passenger
Pick-up or Drop-off. In lieu of a physical waybill, every Passenger
Pick-up
or drop-off
shall be documented (and viewable upon request by Airport Operations
Staff
or Law
Enforcement) on the TNC Application.
Attachment
A
Page
3 of 22
(TNC)
Transportation Operating Permit
Page 3
2. Use Purpose
Defined:
This Permit
authorizes Permitte’s provision of “TNC Services” to passengers
at John
Wayne Airport.
•
Passenger
Drop-offs, in conjunction with provision of “TNC Services”, shall
be
made at the
curbside vehicle loading zones on the Departure (Upper) Level of the
Terminal
roadways.
•
Passenger
Pick-ups, in conjunction with provision of “TNC Services”, shall
be
made at the
curbside vehicle loading zones on the Arrival (Lower) Level of the
Terminal
roadways.
3. Term of
Permit:
Upon receipt of
all required documentation and proof of compliance with the terms
herein,
this permit
shall become effective on ______________, 20____, and shall continue
on a
thirty (30)
day, month-to-month basis, until revoked or cancelled as hereinafter
provided.
4. Reporting
Requirements:
A. Geo-Fence:
Prior to commencement of operation under this Permit, Permittee will
establish a
Director approved Geo-Fence that tracks all Driver ingress, egress,
Pick-up
and Drop-off
activity on Airport Property.
B. Permittee
shall provide monthly reports, in an Airport approved format, that
identify the
following
information, herein after referred to as “Report Data”:
•
ALL
Driver ingress, egress, Pick-up and Drop-off activity at the Airport.
The
monthly report
shall provide the following information for all individual Pick-ups
and Drop-offs:
i. TNC Company
identification;
ii. Date and
time of Driver entry into the Geo-Fence;
iii. Date, time
and geographic location of individual Pick-ups and Drop-offs.
iv. Date and
time of Driver exit from the Geo-Fence;
v. Unique
identifier for each Driver (See Data Interface Agreement,
Appendix B)
vi. TNC Vehicle
license plate number;
vii. Number of
active rides in TNC Vehicle upon entry and exit.
•
In
the event the Airport determines that it requires TNC Driver
identification
information for
permit and/or Rules and Regulation enforcement, Permittee shall
promptly
provide such information to Airport as requested.
Attachment
A
Page
4 of 22
(TNC)
Transportation Operating Permit
Page 4
C. Vehicle
Tracking: Permittee has been advised that JWA is in the process of
implementing an
Automated Data Exchange system similar to that used by San Francisco
International
Airport (SFO) wherein Report Data will be automatically submitted to
JWA. TNC
vehicle tracking shall comply with the requirements of the Data
Interface
Agreement set
forth in Appendix B and be established as follows:
i.
Unique
Identifiers and License Plate Numbers: All TNC Vehicles shall be
identified
electronically for each TNC trip by a unique number and the TNC
Vehicle license
plate number. The unique number shall be linked by Permittee to
the Driver in a
manner that allows Airport staff to audit Permittee’s compliance
with the permit
terms and the operating requirements established by the CPUC.
ii.
Tracking
Triggers:
•
Upon
Entry: Upon entry into the Geo-Fence, Permittee shall electronically
notify
(“ping”)
the Airport, in real time with the unique identifier and license
plate
number of each
TNC Vehicle, including date, time, geographic location, TNC
identification,
driver-based unique identifier, vehicle license plate number and the
number of
active rides in the vehicle at the time of entry. The ping shall be
transmitted by
Permittee to the Airport at the moment each TNC Vehicle crosses
the Geo-Fence.
•
Upon
Ride Completion (on Airport Property): When the Driver completes a
Drop-off trip
by indicating on his or her smart phone app that the ride is
complete,
Permittee shall
instantaneously send a second ping to the Airport, including date,
time,
geographic location of Drop-off, TNC identification, driver-based
unique
identifier, TNC
vehicle license plate number and the number of active TNC rides
remaining in
the TNC Vehicle following ride completion.
•
Upon
Passenger Pick-Up (on Airport Property): When a Driver Picks-up a
passenger on
Airport property by indicating on his or her smart phone app that a
passenger has
been Picked up, Permittee shall instantaneously send a ping to the
Airport,
including date, time, geographic location of Pick-up, TNC
identification,
driver-based
unique identifier, TNC vehicle license plate number and the number
of active TNC
rides remaining in the TNC Vehicle following Passenger Pick-up.
•
Exiting
the Geo-Fence: Upon exiting the Geo-Fence, Permittee shall
instantaneously
send a final ping to the Airport, including date, time, geographic
location, TNC
identification, driver based unique identifier, TNC vehicle license
plate number
and the number of active TNC rides remaining in the TNC Vehicle
following
Passenger Pick-up or Drop-off.
When requested
by JWA, Permittee agrees to work with assigned Airport personnel, at
Permittee’s
sole expense, to develop a vehicle tracking protocol based on a
Director
approved
Geo-Fence and consistent with the Data Interface Agreement set forth
in
Appendix B of
this permit. Failure by Permittee to cooperate (when requested) in
the
Attachment
A
Page
5 of 22
(TNC)
Transportation Operating Permit
Page 5
development of
a vehicle tracking protocol that complies with the Data Interface
Agreement will
result in termination of this Permit.
D. At the
Airport’s request, Permittee shall provide a list of all complaints
generated from
passengers
being picked up and/or dropped off at Airport. List shall include
information
regarding what
steps (if any) were taken to resolve the passenger complaint.
E. Prior to
commencement of operation under this Permit, Permittee shall provide
Airport
with a
photograph of Permittee’s Trade Dress along with a description of
the designated
Trade Dress
Location on TNC Vehicles, which Trade Dress and location must be
approved by the
CPUC.
5. Vehicle
Requirements:
A. TNC Vehicles
must be in compliance with California State law and all current CPUC
rules and
regulations governing TNCs as well as Airport Rules and Regulations.
B. Approved TNC
Vehicle Trade Dress must be applied AT ALL TIMES while providing
“TNC
Services” on Airport Property so as to be readily identifiable as
being operated as
a TNC within
fifty (50) feet.
6. Operating
Requirements:
A. TNC
Applications shall be activated AT ALL TIMES while TNC Driver is on
Airport
Property.
B. Upon request
from Airport Operations Staff or Law Enforcement, all Drivers will
immediately
comply with requests including but not limited to requests to see
proof of
insurance,
license and registration, prearranged Waybill or confirmation that
TNC
Application is
activated while on Airport Property.
C. Drivers are
prohibited from sharing a vehicle or TNC Application Driver ID with
unauthorized
drivers.
D. Failure of
Drivers to comply with Permit terms or Airport Rules and Regulations
may
result in
citation and/or fine and may be prosecuted as a misdemeanor as
provided in
Orange County
Codified Ordinances 2-1-66. Repeated failures to comply with Permit
terms or
Airport Rules and Regulations may result in termination of this
Airport
operating
Permit.
Prior to
termination, Permittee will be provided written notice of failures
and be provided
an opportunity
to cure such failures within a specified time frame through further
Driver
education or
other means. Specified time to cure will depend on the seriousness of
violation.
Attachment
A
Page
6 of 22
(TNC)
Transportation Operating Permit
Page 6
7.
Consideration for Permit:
As
consideration for this Permit, Permittee hereby agrees:
A. To comply
with all applicable Federal, State and Local Legislative and
Regulatory
requirements
and maintain in good standing a TNC Permit issued by the CPUC;
B. To comply
with the terms of this Permit and the terms of the Airport Rules and
Regulations;
C. Geo Fence:
Prior to initiation of TNC service under this Permit, Permittee will
establish
a Director
approved Geo-Fence as described in Section 4 of this Permit.
D. To submit to
County, a monthly fee determined by the number of Passenger Pick-ups
conducted per
month by Permittee under this Permit within 30 days after the end of
the
month. The
Passenger Pick-up fee (or Trip Fee) shall be established by the
Orange
County Board of
Supervisors and listed in the Airport's Rules and Regulations.
Passenger
Pick-up Fees may be amended from time to time by the Board of
Supervisors.
(Trip Fees are
not charged for Drop-offs.)
In the event of
a Geo-fence Tracking Area System failure (“Downtime”) by
Permittee,
County shall
determine Permittee's monthly fee for such Downtime based upon the
highest monthly
number of Passenger Pick-ups made in the last 12 months for the same
amount of time
(taking into account time of day and day of week).
Permittee
agrees to promptly resolve Geo-fence Tracking Area System failures.
Failure
to resolve
failures within five (5) business days may result in a suspension or
termination
of this Permit.
E. Payments
shall be made in lawful money of the United States, free from all
claims,
demands,
set-offs, or counter claims of any kind against County. Payments and
monthly
reports should
be submitted to:
John Wayne
Airport
18601 Airport
Way, #116
Santa Ana, CA
92707
Attn: Landside
Operations
Permittee
hereby acknowledges that the late payments will cause County to incur
costs
not
contemplated by this Permit, the exact amount of which will be
extremely difficult to
ascertain. Such
costs include, but are not limited to, administrative processing of
delinquent
notices, increased accounting costs, and lost interest income.
Attachment
A
Page
7 of 22
(TNC)
Transportation Operating Permit
Page 7
Accordingly,
late payments of monthly Passenger Pick-up fees or of any other sum
due to
County which is
not received by the due date will be subject to a late charge of one
and
one-half
percent (1.5%) of the payment due and unpaid plus one hundred dollars
($100)
per month shall
be added to the payment, and the total sum shall become immediately
due and payable
to COUNTY. An additional charge of one and one-half percent (1.5%)
of said
payment, excluding late charges, shall be added for each additional
month that
said payment
remains unpaid.
Permittee and
County hereby agree that such late charges represent a fair and
reasonable
estimate of the
costs that County will incur by reason of Permittee’s late payment.
Acceptance of
such late charges (and/or any portion of the overdue payment) by
County
shall in no
event constitute a waiver of Permittee’s default with respect to
such overdue
payment, or
prevent County from exercising any of the other rights and remedies
granted
hereunder.
F. Prior to
issuance of this Permit, Permittee shall provide County with a copy
of its current
CPUC Permit and
certify that it has met all CPUC Safety Requirements, including but
not limited to:
•
Every
TNC Driver has a valid California Driver’s License and valid
automobile
insurance
meeting the minimum requirements for the State of California;
•
Permittee
has completed a Department of Motor Vehicles record check and
criminal
history check of each TNC Driver, in compliance with State Law and/or
CPUC Regulation
as applicable;
•
Permittee
has completed all vehicle safety inspections in compliance with State
Law and/or CPUC
Regulations as applicable.
8. Books and
Records:
Permittee shall
maintain for a period of four years or, in the event of claim by
County, until
such claim of
County for payments hereunder shall have been fully ascertained,
fixed and
paid, separate
and accurate daily records of all Report Data, and Permittee shall
enter all
receipts
arising from such business in regular books of account, and all
entries in any such
records or
books shall be made at or about the time the transactions
respectively occur. In
addition,
Permittee shall maintain monthly and annual reports of all Report
Data, using a
form and method
as is determined by Director. Such forms and methods shall be
employed
by Permittee
throughout the term of this Permit. Such books and records shall be
maintained at
Permittee's principal place of business unless otherwise permitted by
Director
in writing.
Upon Director's
written request of at least two (2) weeks advance notice, Permittee
shall
make available
at Airport (or a mutually agreed upon location) any and all books,
records
and accounts
pertaining to its operations under this Permit. The intent and
purpose of the
Attachment
A
Page
8 of 22
(TNC)
Transportation Operating Permit
Page 8
provisions of
this section are that Permittee shall keep and maintain records which
will
enable County
to ascertain, determine and audit, if so desired by County, clearly
and
accurately, all
Report Data, and that the form and method of Permittee's reporting
will be
adequate to
provide a control and test check of all revenues derived by Permittee
under this
Permit.
Should any
examination, inspection, and audit of Permittee's books and records
by County
disclose an
underpayment by Permittee in excess of five percent (5%) of the
consideration
due, Permittee
shall promptly pay County the amount of such underpayment and shall
reimburse
County all costs incurred in the conduct of such examination,
inspection, and
audit. In the
event that County deems it necessary to utilize the services of legal
counsel in
connection with
collecting the reimbursement for such examination, inspection, and
audit,
then Permittee
shall reimburse County for reasonable attorney's fees and litigation
expenses
as part of the
aforementioned costs incurred.
Not later than
ninety (90) days after the annual anniversary of the commencement of
this
Permit, when
required by Director, Permittee shall furnish to County a report,
certified by
Permittee to be
true and correct, of all Report Data.
Said report
shall not be made public except as required by law.
9. Other
Charges and Fees:
Permittee shall
pay all other charges, penalties or fees occasioned with Permittee's
operations or
activities on or about the Airport.
10. Indemnity:
A. Permittee,
on behalf of itself and its Drivers agrees to indemnify, defend with
counsel
approved in
writing by County, and hold County, its elected and appointed
officials,
officers,
employees, agents and those special districts and agencies which
County’s
Board of
Supervisors acts as the governing Board (“County Indemnitees”)
harmless from
any claims,
demands, obligations, suits, judgments, penalties, causes of action,
losses or
liability of
any kind or nature, including but not limited to personal injury to
or deaths of
persons or
damage to property proximately caused by or arising out of acts,
omission,
use, occupancy
or operation arising from or related to the use of this Permit. If
judgment
is
entered against
Permittee and County by a court of competent jurisdiction because of
the
concurrent
active negligence of County or County Indemnitees, Permittee and
County
agree that
liability will be apportioned as determined by the court. Neither
party shall
request a jury
apportionment.
Permittee’s
indemnification obligations shall not apply if caused solely by the
gross
negligence or
willful misconduct of County.
Attachment
A
Page
9 of 22
(TNC)
Transportation Operating Permit
Page 9
B. Permittee
agrees that its obligation to indemnify County applies at all times
while TNC
Driver is on
Airport Property by reason of the driver’s relationship with
Permittee,
regardless of
whether the TNC Vehicle is carrying a passenger.
C. Each party
hereto shall give to the other prompt and timely written notice of
any claim
made or suit
instituted coming to its knowledge which in any way, directly or
indirectly,
contingently or
otherwise, affects or might affect either, and each shall have the
right to
participate in
the defense of the same to the extent of its own interest.
11. Insurance:
Permittee
agrees that it shall not operate on Airport Property at any time the
required insurance
is not in full
force and effect as evidenced by a certificate of insurance and
necessary
endorsements
or, in the interim, an official binder being in the possession of
Airport Director. In
no case shall
assurances by Permittee, its employees, agents, including any
insurance agent, be
construed as
adequate evidence of insurance. Airport Director will only accept
valid certificates
of insurance
and endorsements, or in the interim, an insurance binder as adequate
evidence of
insurance.
Permittee also
agrees that upon cancellation, termination, or expiration of
Permittee's insurance,
County may take
whatever steps are necessary to interrupt any operation from or on
the Airport
Premises until
such time as the Airport Director reinstates the Permit.
If Permittee
fails to provide Airport Director with a valid certificate of
insurance and
endorsements,
or binder at any time during the term of the Permit, County and
Permittee agree
that this shall
constitute a material breach of the Permit. Whether or not a notice
of default has
or has not been
sent to Permittee, said material breach shall permit County to take
whatever steps
necessary to
interrupt any operation from or on the Airport Property, and to
prevent any persons,
including, but
not limited to, members of the general public, and Permittee
employees and
agents, from
entering the Airport Property until such time as Airport Director is
provided with
adequate
evidence of insurance required herein. Permittee further agrees to
hold County
harmless for
any damages resulting from such interruption of business and
possession, including,
but not limited
to, damages resulting from any loss of income or business resulting
from the
county's
action.
All
self-insured retentions (SIRs) and deductibles shall be clearly
stated on the Certificate of
Insurance. If
no SIRs or deductibles apply, indicate this on the Certificate of
Insurance with a
zero (0) by the
appropriate line of coverage. A self-insured retention (SIR) or
deductible in
excess of
$5,000 for Commercial Automobile liability shall specifically be
approved by the
COUNTY
Executive Office (CEO)/Office of Risk Management.
If the
Permittee fails to maintain insurance as provided herein for the full
term of this Permit,
the County may
terminate this Permit.
Attachment
A
Page
10 of 22
(TNC)
Transportation Operating Permit
Page 10
Qualified
Insurer
The policy or
policies of insurance must be issued by an insurer with a minimum
rating of
A- (Secure A.M.
Best’s Rating) and VIII (Financial Size Category as determined by
the
most current
edition of the Best’s Key Rating
Guide/Property-Casualty/United States or
ambest.com).
It is preferred, but not mandatory, that the insurer be admitted to
do business
in the state of
California (California Admitted Carrier).
If the
insurance carrier does not have an A.M. Best rating of A-/VIII or
higher, the CEO
/Office of Risk
Management retains the right to approve or reject a carrier after a
review of
the company’s
performance and financial ratings.
The policy or
policies of insurance maintained by the Permittee shall be Primary
Commercial
Liability
insurance coverage and provide the minimum limits and coverage as
required by
California law
and CPUC Regulation, but shall not fall below the coverage and limits
outlined
below.
Insurance coverage and limits shall be in place prior to operation on
Airport Property
and subject to
airport review for verification.
Coverage
Minimum
Limits
CPUC defines
TNC services as having three periods:
•
Period
One: App open – waiting for a match
•
Period
Two: Match accepted – but passenger not yet picked up (i.e., driver
is on
his/her way to
pick up the passenger)
•
Period
Three: Passenger in the vehicle and until the passenger safely exits
the
vehicle.
Period One
Limits:
$50,000
death/bodily injury per person.
$100,000
death/bodily injury per incident.
$30,000
property damage.
$200,000 excess
liability per occurrence.
Period Two and
Three Limits:
$1,000,000
death/bodily injury/prop damage.
$1,000,000
uninsured/underinsured motorist.
Workers
Compensation/Employers Liability
Statutory/$1,000,000
per occurrence
Required
Coverage Forms
The Business
Auto Liability coverage shall be written on ISO form CA 00 01, CA 00
05, CA
00 12, CA 00 20
or a substitute form providing liability coverage as broad.
Attachment
A
Page
11 of 22
(TNC)
Transportation Operating Permit
Page 11
Required
Endorsements
1. An
Additional Insured endorsement using ISO form CA 2048, JA 5204 or a
form
at least as
broad naming the County of Orange, its elected and appointed
officials,
officers,
employees, agents as Additional Insureds.
2. The Workers’
Compensation policy shall contain a W aiver of S ubrogation
endorsement
waiving all rights of subrogation against the County of Orange, and
members of the
Board of Supervisors, its elected and appointed officials, officers,
agents and
employees.
Note: A
Workers Compensation “Request for Waiver” can be submitted if the
company has no
employees.
All insurance
policies required by this Permit shall waive all rights of
subrogation against the
COUNTY of
Orange and members of the Board of Supervisors, its elected and
appointed
officials,
officers, agents and employees when acting within the scope of their
appointment or
employment.
Permittee shall
notify County in writing within thirty (30) days of any policy
cancellation and
ten (10) days
for non-payment of premium and provide a copy of the cancellation
notice to
County. Failure
to provide written notice of cancellation may constitute a material
breach of
the Permit,
upon which the County may suspend or terminate this Permit.
Insurance
certificates should be forwarded to the County or to an address
provided by Airport
Director.
Permittee has ten (10) business days to provide adequate evidence of
insurance or this
Permit may be
cancelled.
County
expressly retains the right to require Permittee to increase or
decrease insurance of any
of the above
insurance types throughout the term of this Permit as authorized by
law. Any
increase or
decrease in insurance will be as deemed by County of Orange Risk
Manager as
appropriate to
adequately protect County.
County shall
notify Permittee in writing of changes in the insurance requirements.
If
Permittee does
not deposit copies of acceptable certificates of insurance and
endorsements
with County
incorporating such changes within thirty (30) days of receipt of such
notice,
this Permit may
be in breach without further notice to Permittee, and County shall be
entitled to all
legal remedies.
The procuring
of such required policy or policies of insurance shall not be
construed to limit
Permittee's
liability hereunder or to fulfill the indemnification provisions and
requirements
of this Permit,
nor in any way to reduce the policy coverage and limits available
from the
insurer.
Attachment
A
Page
12 of 22
(TNC)
Transportation Operating Permit
Page 12
12. Multiple
TNC Authority Drivers:
Permittee
acknowledges that some Drivers may provide services to more than one
permitted
transportation
network company and that such drivers may have multiple TNC
Applications
active at one
time. In light of this fact, Permittee agrees that its
responsibilities to provide
insurance
coverage and indemnity, as provided in this Permit apply at all times
when “TNC
Services” are
being provided on Airport Property. For purposes of
Permittee’s Insurance
and
Indemnification obligations, Permittee specifically agrees that the
Waybill
associated
with the last Passenger Drop-off controls until a vehicle without a
new
matched
passenger has exited Airport Property.
13. Security
Deposit:
Permittee
agrees that upon execution of this Permit, it will, at its own
expense, deliver to
Director a
surety bond or bonds in the amount of One Thousand Dollars ($1,000),
payable
to County,
naming “County of Orange/John Wayne Airport” as obligee and
issued by a
surety company
or companies acceptable to County, and in such form as approved by
County, which
surety bond or bonds may be renewed annually, and shall be maintained
in
full force and
effect during the term of this Permit at the expense of the
Permittee, to insure
the faithful
performance by Permittee of all the covenants, terms and conditions
of this
Permit,
inclusive of but not restricted to the payment of all considerations
provided therein.
The surety
company issuing said bond or bonds shall give Director notice in
writing by
registered mail at least sixty (60) days prior to an anniversary date
of its intention
not to renew
said bond or bonds.
In lieu of such
surety bond or bonds, Permittee may deposit with County an
Irrevocable
Letter of
Credit, Treasury Bonds of the United States of America, Certificates
of Deposit,
Cash or a
Certified Check, in a form acceptable to County, in the agreed
amounts as security
for faithful
performance by Permittee as herein above provided, and Permittee may
have the
right to
reserve to itself interest payable on said United States Bonds, or
Certificates of
Deposit.
If Permittee
fails to pay a Monthly Permit Fee, other charge or penalty or
otherwise defaults
with respect to
any provision of this Permit, Airport may use, apply or retain all or
any
portion of the
Security Deposit for the payment of sums due. If Airport applies all
or any
portion of the
Security Deposit, Permittee, within ten (10) days after demand
therefor, shall
deposit other
security acceptable to Director in an amount sufficient to restore
the Security
Deposit to the
full amount thereof.
On an annual
basis, County reserves the right to adjust the amount of the Security
Deposit to
reflect
approximately three (3) times the estimated monthly fees as
determined by the
Director to
guarantee the faithful performance by Permittee of its obligations
under this
Permit and the
payment of all fees due hereunder. Within thirty (30) days after
notification
Attachment
A
Page
13 of 22
(TNC)
Transportation Operating Permit
Page 13
of any change
in required Security Deposit amount from County, Permittee shall
submit to
County any
additional Security Deposit as may be required.
14. Right of
Access:
During the
existence of the Permit and subject to Permittee’s compliance with
all applicable
Federal, State
and Local Laws and Regulations, and subject to the Airport's Rules
and
Regulations,
Permittee, and its TNC Drivers shall possess the right of ingress to
and egress
from and about
the Airport by authorized vehicles bearing valid Trade Dress and
activated
TNC
Applications, as required by Permittee's operations hereunder;
provided that such right
shall not be
exercised in a manner and to such extent as to impede or interfere
with the
operation of
the Airport by County, its lessees, or other Permittees, and shall be
subject to
the rules and
regulations of the Airport.
15. Waybills:
All TNC Driver
activity on Airport Property shall be documented by a Waybill
prepared
prior to
entering Airport Property. The Waybill shall state the passenger's
name, the
location of the
Pick-up, the time the charter was scheduled.
Permittee’s
Drivers are required to immediately present the mobile device that
contains the
prearranged
Waybill to any Airport Operations Staff or Law Enforcement who
requests to
inspect it.
16. Default by
Permittee:
Permittee shall
be in default under this Permit if:
A. Permittee or
its Drivers fail to keep, perform or observe any of the terms set
forth in
this Permit
after receiving written notice of such failures from County and being
provided an
opportunity to cure such failures through further Driver education,
training or
other means;
B. Permittee
shall fail duly and punctually to pay the fees, or to make any other
payment
required
hereunder, when due to County;
C. The interest
of Permittee under this Permit shall be transferred, without the
approval of
the County, by
reason of death, operation of law, assignment, sub-lease or
otherwise,
to any person,
firm or corporation;
D. Permittee
shall voluntarily abandon, desert or fail to use its rights
hereunder;
Attachment
A
Page
14 of 22
(TNC)
Transportation Operating Permit
Page 14
E. Permittee
shall use or give its permission to any person to use any portion of
Airport,
used by
Permittee under this Permit, for any illegal purpose.
17. County
Remedies:
If Permittee or
its Drivers default on any of the covenants, terms and conditions
herein
contained,
County may elect to:
A. Allow this
Permit to continue in full force and effect and to enforce all of the
County's
rights and
remedies hereunder, including, without limitation, the right to
collect fees as
they become due
together with late charges of one and one-half percent (1.5%) of the
payment due and
unpaid plus one hundred dollars ($100) per month;
B. Terminate
this Permit as herein provided without prejudice to any other remedy
or right
of action for
arrearages of fees;
C. Direct that
defaulting Driver’s authority to operate under this Permit and on
Airport
Property be
cancelled.
Upon such
termination by County all rights, powers and privileges of Permittee
hereunder
shall cease and
Permittee shall have no claim of any kind whatsoever against County,
Board
of Supervisors,
or any members thereof, or their employees or agents by reason of
such
termination, or
by reason of any act by County incidental or related thereto. In the
event of
the exercise by
County of such option to terminate, Permittee shall have no right to
or claim
upon any
improvements or the value thereof, which may have been previously
installed by
Permittee in or
on the Airport's premises.
County will not
have deemed to have terminated this Permit in the absence of service
of
written notice
upon Permittee to that effect.
Revocation or
termination of this Permit may be appealed to Director. Such appeal
may be
initiated by
Permittee filing a written request for appeal to the Airport Director
within ten
(10) days of
Permittee's receipt of Notice of Termination. Permittee's request
shall
specifically
state the grounds upon which the appeal is based. The Airport
Director (or
his/her
designee) will act on this appeal within thirty (30) days of written
request for appeal.
All appeals
should be sent to the JWA address listed in the “Notices and
Written
Correspondence”
section 29 of this Permit.
The exercise by
County of any remedy provided in this Permit shall be cumulative and
shall
in no way
affect any other remedy available to County under law or equity.
Attachment
A
Page
15 of 22
(TNC)
Transportation Operating Permit
Page 15
18. Monetary
Damages:
In the event
County elects to terminate this Permit due to Permittee default,
Permittee shall
pay to the
County an amount equal to the sum of:
A. All amounts
owing at the time of termination on account of breach of any term,
covenant
or condition of
this Permit including but not limited to unpaid fees plus interest
thereon
on all such
amounts from the date due until paid at the rate of one and one-half
percent
(1.5%) per
month plus one hundred dollars ($100);
B. Any other
amount to compensate County fully for all detriment proximately
caused by
Permittee's
failure to perform its obligations hereunder or which in the ordinary
course
would likely
result therefrom.
19. No Waiver
of Subsequent Breaches or Defaults:
The failure of
County at any time to insist upon a strict performance of any of the
terms,
conditions and
covenants herein shall not be deemed a waiver of any subsequent
breach or
default in the
terms, conditions and covenants herein.
20. Prohibition
Against Advertising:
No advertising
or solicitation of “TNC Services” shall occur on Airport
Property.
No advertising
or solicitation, including the posting of room rates or
transportation fares,
shall be
allowed on any of Permittee's or Driver’s vehicles, unless
specifically approved in
writing by
Director; except that a vehicle may display Permittee's authorized
TNC Trade
Dress.
21. Prohibited
Conduct:
The following
activities are prohibited while operating under this Permit:
A. Violating
any term or obligation found in this Permit;
B. Picking up
or discharging passengers or their baggage at any terminal level
other than
those
designated for such purpose;
C. Leaving the
vehicle unattended;
D. Failing to
give, upon a passenger's request, the driver's correct name, the name
of the
Permittee, the
Driver’s TNC identification number or vehicle number, if any;
Attachment
A
Page
16 of 22
(TNC)
Transportation Operating Permit
Page 16
E. Failing to
immediately comply with requests Airport Staff or Law Enforcement, to
see
proof of
insurance, license and registration, prearranged Waybill or
confirmation that
TNC application
is activated while on Airport Property or within the Geo-Fence
Tracking Area;
F. Littering of
the loading zone;
G. Providing
false information to authorized Airport Operations Staff or Law
Enforcement;
H. Operating on
Airport Property without an activated TNC Application or approved
TNC Trade
Dress;
I. Waiting for
a passenger match while on Airport Property, including but not
limited to
Airport parking
lots, parking structures, cell phone lots or commercial hold
lots. TNC
Drivers
are prohibited from scheduling Passenger Pick-ups while on Airport
Property.
J. Solicitation
of passengers on Airport Property without a prearranged Waybill;
K. The use or
possession of any alcoholic beverage, or any dangerous drug or
narcotic,
while operating
a vehicle on Airport Property;
L. Failing to
operate a vehicle in a safe manner as required by the California
Vehicle
Code;
M. Failing to
comply with posted speed limits and traffic control signs;
N. Use of
profane or vulgar language directed to or at the public;
O. Any attempt
to bypass the TNC Application and solicit cash payment for Passenger
Pick-ups;
P. Any
solicitation for or on behalf of any hotel, motel, club or nightclub;
Q. Any
solicitation of any activity prohibited by the Penal Code of the
State of California;
R. Operating a
vehicle which is not in a safe mechanical condition or which lacks
mandatory
safety equipment as defined in the California Vehicle Code;
S.
Disconnecting any pollution control equipment;
T. Engaging in
any conduct or activity intended to or apparently intended to ask,
implore
Attachment
A
Page
17 of 22
(TNC)
Transportation Operating Permit
Page 17
or persuade a
passenger to alter his or her previously chosen mode of ground
transportation
or specific ground transportation operator, except as otherwise
provided
by contract or
permit with the Airport.
22. Compliance
with Rules and Regulations:
Permittee and
its TNC Drivers shall abide by and conform to all laws, governmental
orders,
rules and
regulations, including any future amendments thereto, controlling or
in any
manner
affecting the use or occupancy of Airport Property. Permittee and its
TNC Drivers
shall abide by
and conform to all Airport Rules and Regulations, operational notices
or
bulletins now
and hereafter in force and effect. (Airport Rules and Regulations and
other
relevant
information
can
be
found
at
23. Changes to
CPUC Decision, Regulation or Law:
Permittee
understands and agrees that the CPUC may modify its Decision from
time-to-
time, and/or a
local, state or federal statute or regulations may be enacted that
affect the
requirements
for TNC operation in the State of California.
Subject to the
defined term “TNC Services” and insurance provisions found in
this Permit,
the terms of
this Permit shall be modified to be consistent with all such Decision
modifications
and/or local, state and federal regulations and statutes, and all
such Permit
modifications
shall be self-executing.
24.
Nonassignability:
This Permit is
not assignable, in whole or in part without the written consent of
the Director
or designee.
25. Revocation,
Amendment and Cancellation:
This permit is
revocable at any time, in the absolute discretion of the Director.
Such
revocation
shall be accomplished by giving 24 hours prior written notice to the
Permittee.
Should
Permittee, at any time, fail to provide or maintain the insurance or
Security Deposit
required under
this Permit, then the Director may, by 24 hour prior written notice,
revoke
this Permit.
Permittee may terminate this Permit by giving thirty (30) days prior
written
notice to the
Director. Director may amend this Permit as required for airport
operational
needs require
with thirty (30) days written notice to Permittee. This Permit may be
cancelled by
the mutual written consent of the parties at any time without the
aforesaid
written notice.
(TNC)
Transportation Operating Permit
Page 18
26. Section
Headings:
The section
headings contained herein are for convenience in reference and are
not intended
to define or
limit the scope of any provision of this Permit.
27.
Severability:
In the event
any term, covenant or condition herein contained is held to be
invalid by any
court of
competent jurisdiction, such invalidity shall not affect any other
valid term,
covenant or
condition herein contained.
28. Disclosure
of Records.
Permittee
acknowledges that, as a local agency, records in the County’s
possession may be
subject to
disclosure under the California Public Records Act (PRA) (California
Government Code
§§6250 et seq.).
County
understands that certain data which may be provided by Permittee
pursuant to this
Permit may be
considered non-public, trade secret, proprietary, and/or confidential
(“Confidential
Information”) by Permittee.
In the event
County receives a PRA request for documents considered “Confidential
Information”
by Permittee, County agrees to promptly notify Permittee of said
request and
shall not make
an immediate disclosure in order to provide Permittee with a
reasonable
opportunity to
seek judicial intervention concerning the potential disclosure of
Permittee’s
Confidential
Information. If Permittee informs County in writing of its intent to
seek a
court order
barring disclosure, County agrees to withhold requested information
as
permitted by
law.
29. Notice and
Written Correspondence.
JWA
Permittee
John Wayne
Airport
Name:
__________________________
18601 Airport
Way, #116
Santa Ana, CA
92707
Address:_________________________
Attn: Landside
Operations
(949) 252-5116
_________________________
Phone:
__________________________
Signature
Page to Follow
Attachment
A
Page
19 of 22
(TNC)
Transportation Operating Permit
Page
19
IN
WITNESS WHEREOF, the parties hereto have executed this Permit in
duplicate by their duly
authorized
officers.
PERMITTEE*:
Authorized
Signature
Title
____________
Dated
____________
PERMITTEE*:
Authorized
Signature
Title
____________
Dated
___________
COUNTY
OF ORANGE:
Airport
Director Signature
Dated
___________
COUNTY
COUNSEL
~--
Dated __/
_-_/ _f _-_2_t:Y,_!I_:s-_ _ __
*If
CONTRACTOR is a corporatio11, sig11atures oftwo specific corporate
officers are required
as
further set forth:
• The
first sig11ature must be o11e of the followillg: a) the Chairma11 of
the Board,· b)
Preside11t;
or c) a11y Vice Preside11t.
• The
seco11d sig11ature must be o11e of the followillg: a) Secretary; b)
the Cllief
Fi11a11cial
Officer; c) a11y Assista11t Secretary; or d) a11y Assista11t
Treasurer.
• lit
the altemative, a single corporate signature is acceptable whe11
accompa11ied by a
corporate
resolutio11 dem01tstrating the legal authority of the sig11ature to
bind the
company.
405
FROM
NORTH
55
ONLY
TO
NORTH 55 AND MAIN STREET PARKING
TO
NORTH
55
FROM
405 SOUTH
TO
405 SOUTH
MICHELSON
DR
MacARTHUR
BOULEVARD
MAIN
S
TREET
PARKING
B2
PARKING
A2
PARKING
B1
PARKING
A1
PARKING
C
TERMINAL
B
TERMINAL
A
CAMPUS
DRIVE
AIRPORT
WAY
N
DOUGLA
S
THOMAS
F. RILEY TERMINAL
TO
CAMPUS DR
FROM
SOUTH 55 ONLY
MAIN
STREET
PARKING
405
55
73
Ground
Transportation Center
Buses/Courtesy
Shuttles
Taxis
Rental
Cars
Valet
Parking
Parking
Entrance
TERMINAL
C
Ground
Transportation
Center
(GTC)
UPPER
LEVEL
LOWER
LEVEL
Terminal
C
Main
Street Shuttle Pick-up
Statue
Attachment
A
Page
20 of 22
APPENDIX A
Attachment
A
Page
21 of 22
APPENDIX
B
DATA
INTERFACE AGREEMENT
THIS DATA
INTERFACE AGREEMENT is entered into as of this ____ day of
___________, 2015 (the
“Effective
Date”), by _________________, with a principal place of business at
________________
___________________________
(“Recipient”) and the County of Orange, John Wayne Airport (the
“Airport”)
concerning Confidential Information. This Data Interface Agreement is
made with
reference to
the Recipient’s Permit to Operate as a Transportation Network
Company on Airport
property. This
Data Interface Agreement shall be attached and incorporated by
reference into the
John Wayne
Airport “Transportation Network Company (TNC) Charter
Operator Commercial
Ground
Transportation Operating Permit.”
The
parties hereby agree as follows:
1.
DATA REQUIREMENTS
The
data exchange between Recipient and JWA shall conform to the
following formats:
Name
Format
Description
Samples
uid
<Driver
id + trip id>
Driver
id concatenated with the trip id.
<Recipient
to
provide
samples
and
format>
Alphanumeric
characters
only.
tnc_id
Five
digit number
The
assigned TCP number for Recipient.
“32111”
license_plate
Seven character string
For
California, seven characters or less,
numerical
and alphabetic, that represents the
vehicle
license plate.
“ABC1234”
timestamp
[YYYY]-[MM]-
[DD]T[hh]:[mm]:[ss]Z
The
current time of the event or “ping”
expressed
in ISO 8601 combined date and
time
in UTC using 24-hour clock.
http://en.wikipedia.org/wiki/ISO_8601#UTC
“2014-09-
10T14:12:05Z”
txn_type
Literal
String
The
type of event or “ping” as defined by the
permit.
“ENTRY”
“DROP-OFF”
“PICK-UP”
“EXIT”
ride_count
Integer
Number
of active TNC rides in the vehicle
following
the transaction event/ping. Value
will
be either “0” (no active ride) or “1”
(active
ride).
“0”
“1”
lon
World
Geodetic System
1984
(WGS8
Agenda
Item
AGENDA
STAFF REPORT
ASR
Control 15-000042
MEETING
DATE:
02/03/15
LEGAL
ENTITY TAKING ACTION:
Board of
Supervisors
BOARD
OF SUPERVISORS DISTRICT(S):
2
SUBMITTING
AGENCY/DEPARTMENT:
John Wayne
Airport (Approved)
DEPARTMENT
CONTACT PERSON(S):
Alan L. Murphy
(949) 252-5183
Scott Hagen
(949) 252-5241
SUBJECT: Transportation
Network Company Ground Transportation Operating Permit
CEO
CONCUR
COUNTY COUNSEL REVIEW
CLERK
OF THE BOARD
Pending Review
Approved
Agreement to Form
Discussion
3 Votes Board
Majority
Budgeted: N/A
Current Year
Cost: N/A
Annual
Cost: N/A
Staffing
Impact: No
#
of Positions:
Sole
Source: N/A
Current
Fiscal Year Revenue: N/A
Funding
Source: N/A
County Audit
in last 3 years: No
Prior Board
Action: N/A
RECOMMENDED
ACTION(S):
1. Find that
the proposed project is Categorically Exempt from the California
Environmental Quality
Act (CEQA),
Class 1 (Existing Facilities) pursuant to CEQA Guidelines Section
15301.
2. Approve the
attached Transportation Network Company (TNC) Charter Operator
Commercial
Ground
Transportation Operating Permit.
3. Upon the
Airport’s verification of all permit requirements, authorize the
issuance of the TNC
Operating
Permit to interested Transportation Network Companies.
4. Authorize
Airport Director to make amendments to the TNC Permit to address
evolving operational
and regulatory
issues associated with initiation of TNC Services at John Wayne
Airport.
SUMMARY:
Approve the
Transportation Network Company (TNC) Charter Operator Commercial
Ground
Transportation
Operating Permit, and authorize necessary amendments to address
evolving operational
and regulatory
issues associated with initiation of TNC Services at John Wayne
Airport (JWA).
Page 1
BACKGROUND
INFORMATION:
John Wayne
Airport passengers are picked-up from and delivered to the airport by
several different types
of ground
transportation providers. Historically, these providers have included
metered taxis as well as
Charter-party
Carriers such as limousines, town cars, door-to-door shuttles, and
courtesy hotel and rental
car shuttles.
Orange County Codified Ordinance Section 2-1-42 requires that
taxicabs and other
commercial
carriers obtain a contract prior to carrying passengers for hire at
JWA. All Charter-party
Carriers that
operate at JWA do so pursuant to an airport-issued ground
transportation permit.
In recent
years, a new form of ground transportation provider has arisen. These
providers were initially
referred to as
“ridesharing” companies, but have since become known as
Transportation Network
Companies
(TNCs). The California Public Utilities Commission (CPUC) has defined
a TNC as a
company or
organization that “provide prearranged transportation services for
compensation using an
online-enabled
application or platform (such as smart phone apps) to connect drivers
using their personal
vehicles with
passengers.”
On September
19, 2013, the California Public Utilities Commission (CPUC) ruled
that TNCs fall under
the broad grant
of authority of the CPUC pursuant to Article XII of the California
Constitution and,
further,
determined that TNCs are Charter-party Passenger Carriers under the
Passenger Charter-party
Carriers’
Act. The CPUC also adopted rules and regulations for TNCs including,
but not limited to:
insurance
requirements, criminal background checks, zero tolerance substance
abuse policies, driver age
and training
requirements, and vehicle inspections. In addition, the regulations
state that TNCs may not
conduct any
operations on the property of or into any airport unless such
operations are authorized by the
airport
authority involved. On September 17, 2014, Assembly Bill 2293, which
codified specific TNC
insurance
requirements in California, was chaptered. To date, the CPUC has
issued permits to six (6)
TNCs
authorizing their operation in California.
JWA’s
existing ground transportation permits neither anticipated nor were
structured to accommodate the
TNC operational
model. Therefore, it was necessary to create a new ground
transportation permit
specifically
for TNCs. JWA and County Counsel, in consultation with CEO/Risk
Management, have
developed a TNC
Ground Transportation Operating Permit that ensures that TNC
operations at JWA are
operated: (1)
in compliance with California Law and CPUC rules and regulations; (2)
consistent with
County/Airport
Rules and Regulations; (3) fairly and equitably with other JWA ground
transportation
providers; and
(4) in a manner that protects the safety and security of airport
passengers and the County as
the owner and
operator of John Wayne Airport. The proposed TNC Ground
Transportation Operating
Permit
incorporates the existing rates and fees charged to permitted ground
transportation providers (As
approved by the
Board of Supervisors on March 12, 2002. See Resolution 02-062). It is
important to note
that, on
multiple occasions during the development of the new permit, JWA
solicited, considered and
incorporated
input from TNCs.
Compliance
with CEQA: The proposed project is Categorically Exempt
(Class 1) from the provisions
of CEQA
pursuant to Section 15301 because it consists of issuance of an
operating permit for ground
transportation
services similar to existing services already provided at JWA.
FINANCIAL
IMPACT:
Approval of the
Transportation Network Company (TNC) Charter Operator Commercial
Ground
Transportation
Operating Permit will enable TNCs to legally pick-up passengers from
JWA and enable
Page 2
JWA to recover
the existing Board approved Ground Transportation trip fee of $2.25,
to recover costs
associated with
operation, administration, security, and upkeep and maintenance of
the airport roadways
and ensure
equal treatment of all Charter-party Carriers operating at JWA.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment A -
Transportation Network Company
Charter
Operator Commercial Ground Transportation Operating Permit
Page 3
Attachment A
Page 1 of 22
(TNC)
Transportation Operating Permit
Page 1
TRANSPORTATION
NETWORK COMPANY (TNC)
CHARTER
OPERATOR
COMMERCIAL
GROUND TRANSPORTATION OPERATING PERMIT
JOHN
WAYNE AIRPORT
ORANGE
COUNTY
Permittee is
hereby authorized and permitted by the County of Orange, hereinafter
referred to as
"County",
acting by and through its Airport Director, hereinafter referred to
as "Director", to
operate its
business or a phase thereof at the John Wayne Airport, hereinafter
referred to as
“JWA”
or "Airport", on a non-exclusive basis, for the following
purposes only and subject to the
terms and
conditions hereinafter set forth.
The following
specific terms and conditions are hereby mutually agreed to between
County
and___________________________________________________________________________
(hereinafter
referred to as "Permittee"):
1. Definitions:
A.
Transportation Network Company (TNC): A company or organization,
whether a
corporation,
partnership, sole proprietor or other form, operating in California
pursuant to
a California
Public Utilities Commission (CPUC) TNC Permit, that provides
prearranged
transportation
services using an Online-Enabled Platform, Mobile Device or
Application
to connect
passengers with drivers using personal vehicles. (For purposes of
this Permit,
the terms “TNC”
and “Permittee” are used interchangeably.)
B.
Online-Enabled Platform, Mobile Device or Application: The device
used by Drivers
and prospective
passengers to arrange for transport. (e.g. A mobile smart phone
application
(App)) (hereinafter referred to as “App” or “TNC Application”)
C. “TNC
Services”: As used in this Permit, “TNC Services” are the
provision of
Transportation
Network Company services by Permittee and its Drivers while on
Airport
Property. “TNC Services” authorized in this Permit include the
following
scenarios:
•
Match
accepted – but passenger not yet picked up (i.e., Driver is on
his/her way to
pick-up the
passenger on Airport Property.)
•
Matched
passenger is in the vehicle on Airport Property and until the
passenger is
dropped off and
safely exits the vehicle and vehicle has exited Airport Property.
For
purposes of determining Permittee’s Insurance and Indemnification
obligations,
Permittee specifically agrees that the Waybill associated with the
last
passenger drop-off controls until a vehicle without a new matched
passenger
has exited Airport Property.
•
Upon
Drop-off of a passenger, TNC Driver shall immediately exit Airport
Property,
unless TNC Driver has an existing waybill for another Passenger Pick-
Attachment A
Page 2 of 22
(TNC)
Transportation Operating Permit
Page 2
up. TNC
Drivers are prohibited from scheduling Passenger Pick-ups while
on
Airport Property.
D. Geo-fence
Tracking Area: An electronic fence covering a specified geographic
area
around the
Airport, including but not limited to the terminal roadway, approved
by the
Director, which
tracks all Driver ingress, egress, pick-up and drop-off activity
within the
Geo-Fence
Tracking Area. The Geo-Fence shall be comprised of one or more
polygons
whose points
are geographic coordinates defined by the Airport on Airport-owned
property under
the Airport’s management. (For purposes of this Permit, the terms
“Geo-
fence Tracking
Area” and “Airport Property” are used interchangeably.)
E. TNC Driver:
Any person providing “TNC Services” pursuant to Permittee’s
authority
provided in
this Permit. The term “TNC Driver” applies at all times that a
TNC Driver is
on Airport
property by reason of the driver’s relationship with Permittee,
regardless of
whether the TNC
Vehicle is carrying a passenger.
F. TNC Vehicle:
The vehicle being driven by the Driver while providing “TNC
Services.”
G. TNC Vehicle
Trade Dress or Trade Dress: Trade Dress that makes Driver’s vehicle
readily
identifiable within fifty (50) feet as being operated by Permittee as
a TNC.
Vehicle Trade
Dress shall include but not be limited to symbols and/or signs on
vehicle
doors, roofs,
side mirrors and/or grill, which can be readily identifiable within
fifty (50)
feet. Trade
Dress and location must be approved by The California Public
Utilities
Commission
(“CPUC”).
H. Passenger
Pick-up: A Passenger Pick-up made in conjunction with provision of
“TNC
Services”,
shall be defined as each time one of Permittee's Drivers picks up a
passenger
on Airport
Property. (“Passenger Pick-up” and “Pick-up” are used
interchangeably)
I. Passenger
Drop-off: A Passenger Drop-off made in conjunction with provision of
“TNC
Services”,
shall be defined as each time one of Permittee’s Driver’s
drops-off a passenger
on Airport
Property. (“Passenger Drop-off” and “Drop-off” are used
interchangeably)
J. Trip Fee:
The Orange County Board of Supervisors approved fee charged to
Permittee
for each
Passenger Pick-up made by its Drivers.
K. Waybill: The
prearranged reservation made between passenger and Driver.
Prearranged
Waybills are
required prior to Driver entrance onto Airport Property for purposes
of
Passenger
Pick-up or Drop-off. In lieu of a physical waybill, every Passenger
Pick-up
or drop-off
shall be documented (and viewable upon request by Airport Operations
Staff
or Law
Enforcement) on the TNC Application.
Attachment A
Page 3 of 22
(TNC)
Transportation Operating Permit
Page 3
2. Use Purpose
Defined:
This Permit
authorizes Permitte’s provision of “TNC Services” to passengers
at John
Wayne Airport.
•
Passenger
Drop-offs, in conjunction with provision of “TNC Services”, shall
be
made at the
curbside vehicle loading zones on the Departure (Upper) Level of the
Terminal
roadways.
•
Passenger
Pick-ups, in conjunction with provision of “TNC Services”, shall
be
made at the
curbside vehicle loading zones on the Arrival (Lower) Level of the
Terminal
roadways.
3. Term of
Permit:
Upon receipt of
all required documentation and proof of compliance with the terms
herein,
this permit
shall become effective on ______________, 20____, and shall continue
on a
thirty (30)
day, month-to-month basis, until revoked or cancelled as hereinafter
provided.
4. Reporting
Requirements:
A. Geo-Fence:
Prior to commencement of operation under this Permit, Permittee will
establish a
Director approved Geo-Fence that tracks all Driver ingress, egress,
Pick-up
and Drop-off
activity on Airport Property.
B. Permittee
shall provide monthly reports, in an Airport approved format, that
identify the
following
information, herein after referred to as “Report Data”:
•
ALL
Driver ingress, egress, Pick-up and Drop-off activity at the Airport.
The
monthly report
shall provide the following information for all individual Pick-ups
and Drop-offs:
i. TNC Company
identification;
ii. Date and
time of Driver entry into the Geo-Fence;
iii. Date, time
and geographic location of individual Pick-ups and Drop-offs.
iv. Date and
time of Driver exit from the Geo-Fence;
v. Unique
identifier for each Driver (See Data Interface Agreement,
Appendix B)
vi. TNC Vehicle
license plate number;
vii. Number of
active rides in TNC Vehicle upon entry and exit.
•
In
the event the Airport determines that it requires TNC Driver
identification
information for
permit and/or Rules and Regulation enforcement, Permittee shall
promptly
provide such information to Airport as requested.
Attachment A
Page 4 of 22
(TNC)
Transportation Operating Permit
Page 4
C. Vehicle
Tracking: Permittee has been advised that JWA is in the process of
implementing an
Automated Data Exchange system similar to that used by San Francisco
International
Airport (SFO) wherein Report Data will be automatically submitted to
JWA. TNC
vehicle tracking shall comply with the requirements of the Data
Interface
Agreement set
forth in Appendix B and be established as follows:
i.
Unique
Identifiers and License Plate Numbers: All TNC Vehicles shall be
identified
electronically for each TNC trip by a unique number and the TNC
Vehicle license
plate number. The unique number shall be linked by Permittee to
the Driver in a
manner that allows Airport staff to audit Permittee’s compliance
with the permit
terms and the operating requirements established by the CPUC.
ii.
Tracking
Triggers:
•
Upon
Entry: Upon entry into the Geo-Fence, Permittee shall electronically
notify
(“ping”)
the Airport, in real time with the unique identifier and license
plate
number of each
TNC Vehicle, including date, time, geographic location, TNC
identification,
driver-based unique identifier, vehicle license plate number and the
number of
active rides in the vehicle at the time of entry. The ping shall be
transmitted by
Permittee to the Airport at the moment each TNC Vehicle crosses
the Geo-Fence.
•
Upon
Ride Completion (on Airport Property): When the Driver completes a
Drop-off trip
by indicating on his or her smart phone app that the ride is
complete,
Permittee shall
instantaneously send a second ping to the Airport, including date,
time,
geographic location of Drop-off, TNC identification, driver-based
unique
identifier, TNC
vehicle license plate number and the number of active TNC rides
remaining in
the TNC Vehicle following ride completion.
•
Upon
Passenger Pick-Up (on Airport Property): When a Driver Picks-up a
passenger on
Airport property by indicating on his or her smart phone app that a
passenger has
been Picked up, Permittee shall instantaneously send a ping to the
Airport,
including date, time, geographic location of Pick-up, TNC
identification,
driver-based
unique identifier, TNC vehicle license plate number and the number
of active TNC
rides remaining in the TNC Vehicle following Passenger Pick-up.
•
Exiting
the Geo-Fence: Upon exiting the Geo-Fence, Permittee shall
instantaneously
send a final ping to the Airport, including date, time, geographic
location, TNC
identification, driver based unique identifier, TNC vehicle license
plate number
and the number of active TNC rides remaining in the TNC Vehicle
following
Passenger Pick-up or Drop-off.
When requested
by JWA, Permittee agrees to work with assigned Airport personnel, at
Permittee’s
sole expense, to develop a vehicle tracking protocol based on a
Director
approved
Geo-Fence and consistent with the Data Interface Agreement set forth
in
Appendix B of
this permit. Failure by Permittee to cooperate (when requested) in
the
Attachment A
Page 5 of 22
(TNC)
Transportation Operating Permit
Page 5
development of
a vehicle tracking protocol that complies with the Data Interface
Agreement will
result in termination of this Permit.
D. At the
Airport’s request, Permittee shall provide a list of all complaints
generated from
passengers
being picked up and/or dropped off at Airport. List shall include
information
regarding what
steps (if any) were taken to resolve the passenger complaint.
E. Prior to
commencement of operation under this Permit, Permittee shall provide
Airport
with a
photograph of Permittee’s Trade Dress along with a description of
the designated
Trade Dress
Location on TNC Vehicles, which Trade Dress and location must be
approved by the
CPUC.
5. Vehicle
Requirements:
A. TNC Vehicles
must be in compliance with California State law and all current CPUC
rules and
regulations governing TNCs as well as Airport Rules and Regulations.
B. Approved TNC
Vehicle Trade Dress must be applied AT ALL TIMES while providing
“TNC
Services” on Airport Property so as to be readily identifiable as
being operated as
a TNC within
fifty (50) feet.
6. Operating
Requirements:
A. TNC
Applications shall be activated AT ALL TIMES while TNC Driver is on
Airport
Property.
B. Upon request
from Airport Operations Staff or Law Enforcement, all Drivers will
immediately
comply with requests including but not limited to requests to see
proof of
insurance,
license and registration, prearranged Waybill or confirmation that
TNC
Application is
activated while on Airport Property.
C. Drivers are
prohibited from sharing a vehicle or TNC Application Driver ID with
unauthorized
drivers.
D. Failure of
Drivers to comply with Permit terms or Airport Rules and Regulations
may
result in
citation and/or fine and may be prosecuted as a misdemeanor as
provided in
Orange County
Codified Ordinances 2-1-66. Repeated failures to comply with Permit
terms or
Airport Rules and Regulations may result in termination of this
Airport
operating
Permit.
Prior to
termination, Permittee will be provided written notice of failures
and be provided
an opportunity
to cure such failures within a specified time frame through further
Driver
education or
other means. Specified time to cure will depend on the seriousness of
violation.
Attachment A
Page 6 of 22
(TNC)
Transportation Operating Permit
Page 6
7.
Consideration for Permit:
As
consideration for this Permit, Permittee hereby agrees:
A. To comply
with all applicable Federal, State and Local Legislative and
Regulatory
requirements
and maintain in good standing a TNC Permit issued by the CPUC;
B. To comply
with the terms of this Permit and the terms of the Airport Rules and
Regulations;
C. Geo Fence:
Prior to initiation of TNC service under this Permit, Permittee will
establish
a Director
approved Geo-Fence as described in Section 4 of this Permit.
D. To submit to
County, a monthly fee determined by the number of Passenger Pick-ups
conducted per
month by Permittee under this Permit within 30 days after the end of
the
month. The
Passenger Pick-up fee (or Trip Fee) shall be established by the
Orange
County Board of
Supervisors and listed in the Airport's Rules and Regulations.
Passenger
Pick-up Fees may be amended from time to time by the Board of
Supervisors.
(Trip Fees are
not charged for Drop-offs.)
In the event of
a Geo-fence Tracking Area System failure (“Downtime”) by
Permittee,
County shall
determine Permittee's monthly fee for such Downtime based upon the
highest monthly
number of Passenger Pick-ups made in the last 12 months for the same
amount of time
(taking into account time of day and day of week).
Permittee
agrees to promptly resolve Geo-fence Tracking Area System failures.
Failure
to resolve
failures within five (5) business days may result in a suspension or
termination
of this Permit.
E. Payments
shall be made in lawful money of the United States, free from all
claims,
demands,
set-offs, or counter claims of any kind against County. Payments and
monthly
reports should
be submitted to:
John Wayne
Airport
18601 Airport
Way, #116
Santa Ana, CA
92707
Attn: Landside
Operations
Permittee
hereby acknowledges that the late payments will cause County to incur
costs
not
contemplated by this Permit, the exact amount of which will be
extremely difficult to
ascertain. Such
costs include, but are not limited to, administrative processing of
delinquent
notices, increased accounting costs, and lost interest income.
Attachment A
Page 7 of 22
(TNC)
Transportation Operating Permit
Page 7
Accordingly,
late payments of monthly Passenger Pick-up fees or of any other sum
due to
County which is
not received by the due date will be subject to a late charge of one
and
one-half
percent (1.5%) of the payment due and unpaid plus one hundred dollars
($100)
per month shall
be added to the payment, and the total sum shall become immediately
due and payable
to COUNTY. An additional charge of one and one-half percent (1.5%)
of said
payment, excluding late charges, shall be added for each additional
month that
said payment
remains unpaid.
Permittee and
County hereby agree that such late charges represent a fair and
reasonable
estimate of the
costs that County will incur by reason of Permittee’s late payment.
Acceptance of
such late charges (and/or any portion of the overdue payment) by
County
shall in no
event constitute a waiver of Permittee’s default with respect to
such overdue
payment, or
prevent County from exercising any of the other rights and remedies
granted
hereunder.
F. Prior to
issuance of this Permit, Permittee shall provide County with a copy
of its current
CPUC Permit and
certify that it has met all CPUC Safety Requirements, including but
not limited to:
•
Every
TNC Driver has a valid California Driver’s License and valid
automobile
insurance
meeting the minimum requirements for the State of California;
•
Permittee
has completed a Department of Motor Vehicles record check and
criminal
history check of each TNC Driver, in compliance with State Law and/or
CPUC Regulation
as applicable;
•
Permittee
has completed all vehicle safety inspections in compliance with State
Law and/or CPUC
Regulations as applicable.
8. Books and
Records:
Permittee shall
maintain for a period of four years or, in the event of claim by
County, until
such claim of
County for payments hereunder shall have been fully ascertained,
fixed and
paid, separate
and accurate daily records of all Report Data, and Permittee shall
enter all
receipts
arising from such business in regular books of account, and all
entries in any such
records or
books shall be made at or about the time the transactions
respectively occur. In
addition,
Permittee shall maintain monthly and annual reports of all Report
Data, using a
form and method
as is determined by Director. Such forms and methods shall be
employed
by Permittee
throughout the term of this Permit. Such books and records shall be
maintained at
Permittee's principal place of business unless otherwise permitted by
Director
in writing.
Upon Director's
written request of at least two (2) weeks advance notice, Permittee
shall
make available
at Airport (or a mutually agreed upon location) any and all books,
records
and accounts
pertaining to its operations under this Permit. The intent and
purpose of the
Attachment A
Page 8 of 22
(TNC)
Transportation Operating Permit
Page 8
provisions of
this section are that Permittee shall keep and maintain records which
will
enable County
to ascertain, determine and audit, if so desired by County, clearly
and
accurately, all
Report Data, and that the form and method of Permittee's reporting
will be
adequate to
provide a control and test check of all revenues derived by Permittee
under this
Permit.
Should any
examination, inspection, and audit of Permittee's books and records
by County
disclose an
underpayment by Permittee in excess of five percent (5%) of the
consideration
due, Permittee
shall promptly pay County the amount of such underpayment and shall
reimburse
County all costs incurred in the conduct of such examination,
inspection, and
audit. In the
event that County deems it necessary to utilize the services of legal
counsel in
connection with
collecting the reimbursement for such examination, inspection, and
audit,
then Permittee
shall reimburse County for reasonable attorney's fees and litigation
expenses
as part of the
aforementioned costs incurred.
Not later than
ninety (90) days after the annual anniversary of the commencement of
this
Permit, when
required by Director, Permittee shall furnish to County a report,
certified by
Permittee to be
true and correct, of all Report Data.
Said report
shall not be made public except as required by law.
9. Other
Charges and Fees:
Permittee shall
pay all other charges, penalties or fees occasioned with Permittee's
operations or
activities on or about the Airport.
10. Indemnity:
A. Permittee,
on behalf of itself and its Drivers agrees to indemnify, defend with
counsel
approved in
writing by County, and hold County, its elected and appointed
officials,
officers,
employees, agents and those special districts and agencies which
County’s
Board of
Supervisors acts as the governing Board (“County Indemnitees”)
harmless from
any claims,
demands, obligations, suits, judgments, penalties, causes of action,
losses or
liability of
any kind or nature, including but not limited to personal injury to
or deaths of
persons or
damage to property proximately caused by or arising out of acts,
omission,
use, occupancy
or operation arising from or related to the use of this Permit. If
judgment
is
entered against
Permittee and County by a court of competent jurisdiction because of
the
concurrent
active negligence of County or County Indemnitees, Permittee and
County
agree that
liability will be apportioned as determined by the court. Neither
party shall
request a jury
apportionment.
Permittee’s
indemnification obligations shall not apply if caused solely by the
gross
negligence or
willful misconduct of County.
Attachment A
Page 9 of 22
(TNC)
Transportation Operating Permit
Page 9
B. Permittee
agrees that its obligation to indemnify County applies at all times
while TNC
Driver is on
Airport Property by reason of the driver’s relationship with
Permittee,
regardless of
whether the TNC Vehicle is carrying a passenger.
C. Each party
hereto shall give to the other prompt and timely written notice of
any claim
made or suit
instituted coming to its knowledge which in any way, directly or
indirectly,
contingently or
otherwise, affects or might affect either, and each shall have the
right to
participate in
the defense of the same to the extent of its own interest.
11. Insurance:
Permittee
agrees that it shall not operate on Airport Property at any time the
required insurance
is not in full
force and effect as evidenced by a certificate of insurance and
necessary
endorsements
or, in the interim, an official binder being in the possession of
Airport Director. In
no case shall
assurances by Permittee, its employees, agents, including any
insurance agent, be
construed as
adequate evidence of insurance. Airport Director will only accept
valid certificates
of insurance
and endorsements, or in the interim, an insurance binder as adequate
evidence of
insurance.
Permittee also
agrees that upon cancellation, termination, or expiration of
Permittee's insurance,
County may take
whatever steps are necessary to interrupt any operation from or on
the Airport
Premises until
such time as the Airport Director reinstates the Permit.
If Permittee
fails to provide Airport Director with a valid certificate of
insurance and
endorsements,
or binder at any time during the term of the Permit, County and
Permittee agree
that this shall
constitute a material breach of the Permit. Whether or not a notice
of default has
or has not been
sent to Permittee, said material breach shall permit County to take
whatever steps
necessary to
interrupt any operation from or on the Airport Property, and to
prevent any persons,
including, but
not limited to, members of the general public, and Permittee
employees and
agents, from
entering the Airport Property until such time as Airport Director is
provided with
adequate
evidence of insurance required herein. Permittee further agrees to
hold County
harmless for
any damages resulting from such interruption of business and
possession, including,
but not limited
to, damages resulting from any loss of income or business resulting
from the
county's
action.
All
self-insured retentions (SIRs) and deductibles shall be clearly
stated on the Certificate of
Insurance. If
no SIRs or deductibles apply, indicate this on the Certificate of
Insurance with a
zero (0) by the
appropriate line of coverage. A self-insured retention (SIR) or
deductible in
excess of
$5,000 for Commercial Automobile liability shall specifically be
approved by the
COUNTY
Executive Office (CEO)/Office of Risk Management.
If the
Permittee fails to maintain insurance as provided herein for the full
term of this Permit,
the County may
terminate this Permit.
Attachment A
Page 10 of 22
(TNC)
Transportation Operating Permit
Page 10
Qualified
Insurer
The policy or
policies of insurance must be issued by an insurer with a minimum
rating of
A- (Secure A.M.
Best’s Rating) and VIII (Financial Size Category as determined by
the
most current
edition of the Best’s Key Rating
Guide/Property-Casualty/United States or
ambest.com).
It is preferred, but not mandatory, that the insurer be admitted to
do business
in the state of
California (California Admitted Carrier).
If the
insurance carrier does not have an A.M. Best rating of A-/VIII or
higher, the CEO
/Office of Risk
Management retains the right to approve or reject a carrier after a
review of
the company’s
performance and financial ratings.
The policy or
policies of insurance maintained by the Permittee shall be Primary
Commercial
Liability
insurance coverage and provide the minimum limits and coverage as
required by
California law
and CPUC Regulation, but shall not fall below the coverage and limits
outlined
below.
Insurance coverage and limits shall be in place prior to operation on
Airport Property
and subject to
airport review for verification.
Coverage
Minimum
Limits
CPUC defines
TNC services as having three periods:
•
Period
One: App open – waiting for a match
•
Period
Two: Match accepted – but passenger not yet picked up (i.e., driver
is on
his/her way to
pick up the passenger)
•
Period
Three: Passenger in the vehicle and until the passenger safely exits
the
vehicle.
Period One
Limits:
$50,000
death/bodily injury per person.
$100,000
death/bodily injury per incident.
$30,000
property damage.
$200,000 excess
liability per occurrence.
Period Two and
Three Limits:
$1,000,000
death/bodily injury/prop damage.
$1,000,000
uninsured/underinsured motorist.
Workers
Compensation/Employers Liability
Statutory/$1,000,000
per occurrence
Required
Coverage Forms
The Business
Auto Liability coverage shall be written on ISO form CA 00 01, CA 00
05, CA
00 12, CA 00 20
or a substitute form providing liability coverage as broad.
Attachment A
Page 11 of 22
(TNC)
Transportation Operating Permit
Page 11
Required
Endorsements
1. An
Additional Insured endorsement using ISO form CA 2048, JA 5204 or a
form
at least as
broad naming the County of Orange, its elected and appointed
officials,
officers,
employees, agents as Additional Insureds.
2. The Workers’
Compensation policy shall contain a W aiver of S ubrogation
endorsement
waiving all rights of subrogation against the County of Orange, and
members of the
Board of Supervisors, its elected and appointed officials, officers,
agents and
employees.
Note: A
Workers Compensation “Request for Waiver” can be submitted if the
company has no
employees.
All insurance
policies required by this Permit shall waive all rights of
subrogation against the
COUNTY of
Orange and members of the Board of Supervisors, its elected and
appointed
officials,
officers, agents and employees when acting within the scope of their
appointment or
employment.
Permittee shall
notify County in writing within thirty (30) days of any policy
cancellation and
ten (10) days
for non-payment of premium and provide a copy of the cancellation
notice to
County. Failure
to provide written notice of cancellation may constitute a material
breach of
the Permit,
upon which the County may suspend or terminate this Permit.
Insurance
certificates should be forwarded to the County or to an address
provided by Airport
Director.
Permittee has ten (10) business days to provide adequate evidence of
insurance or this
Permit may be
cancelled.
County
expressly retains the right to require Permittee to increase or
decrease insurance of any
of the above
insurance types throughout the term of this Permit as authorized by
law. Any
increase or
decrease in insurance will be as deemed by County of Orange Risk
Manager as
appropriate to
adequately protect County.
County shall
notify Permittee in writing of changes in the insurance requirements.
If
Permittee does
not deposit copies of acceptable certificates of insurance and
endorsements
with County
incorporating such changes within thirty (30) days of receipt of such
notice,
this Permit may
be in breach without further notice to Permittee, and County shall be
entitled to all
legal remedies.
The procuring
of such required policy or policies of insurance shall not be
construed to limit
Permittee's
liability hereunder or to fulfill the indemnification provisions and
requirements
of this Permit,
nor in any way to reduce the policy coverage and limits available
from the
insurer.
Attachment A
Page 12 of 22
(TNC)
Transportation Operating Permit
Page 12
12. Multiple
TNC Authority Drivers:
Permittee
acknowledges that some Drivers may provide services to more than one
permitted
transportation
network company and that such drivers may have multiple TNC
Applications
active at one
time. In light of this fact, Permittee agrees that its
responsibilities to provide
insurance
coverage and indemnity, as provided in this Permit apply at all times
when “TNC
Services” are
being provided on Airport Property. For purposes of
Permittee’s Insurance
and
Indemnification obligations, Permittee specifically agrees that the
Waybill
associated
with the last Passenger Drop-off controls until a vehicle without a
new
matched
passenger has exited Airport Property.
13. Security
Deposit:
Permittee
agrees that upon execution of this Permit, it will, at its own
expense, deliver to
Director a
surety bond or bonds in the amount of One Thousand Dollars ($1,000),
payable
to County,
naming “County of Orange/John Wayne Airport” as obligee and
issued by a
surety company
or companies acceptable to County, and in such form as approved by
County, which
surety bond or bonds may be renewed annually, and shall be maintained
in
full force and
effect during the term of this Permit at the expense of the
Permittee, to insure
the faithful
performance by Permittee of all the covenants, terms and conditions
of this
Permit,
inclusive of but not restricted to the payment of all considerations
provided therein.
The surety
company issuing said bond or bonds shall give Director notice in
writing by
registered mail at least sixty (60) days prior to an anniversary date
of its intention
not to renew
said bond or bonds.
In lieu of such
surety bond or bonds, Permittee may deposit with County an
Irrevocable
Letter of
Credit, Treasury Bonds of the United States of America, Certificates
of Deposit,
Cash or a
Certified Check, in a form acceptable to County, in the agreed
amounts as security
for faithful
performance by Permittee as herein above provided, and Permittee may
have the
right to
reserve to itself interest payable on said United States Bonds, or
Certificates of
Deposit.
If Permittee
fails to pay a Monthly Permit Fee, other charge or penalty or
otherwise defaults
with respect to
any provision of this Permit, Airport may use, apply or retain all or
any
portion of the
Security Deposit for the payment of sums due. If Airport applies all
or any
portion of the
Security Deposit, Permittee, within ten (10) days after demand
therefor, shall
deposit other
security acceptable to Director in an amount sufficient to restore
the Security
Deposit to the
full amount thereof.
On an annual
basis, County reserves the right to adjust the amount of the Security
Deposit to
reflect
approximately three (3) times the estimated monthly fees as
determined by the
Director to
guarantee the faithful performance by Permittee of its obligations
under this
Permit and the
payment of all fees due hereunder. Within thirty (30) days after
notification
Attachment A
Page 13 of 22
(TNC)
Transportation Operating Permit
Page 13
of any change
in required Security Deposit amount from County, Permittee shall
submit to
County any
additional Security Deposit as may be required.
14. Right of
Access:
During the
existence of the Permit and subject to Permittee’s compliance with
all applicable
Federal, State
and Local Laws and Regulations, and subject to the Airport's Rules
and
Regulations,
Permittee, and its TNC Drivers shall possess the right of ingress to
and egress
from and about
the Airport by authorized vehicles bearing valid Trade Dress and
activated
TNC
Applications, as required by Permittee's operations hereunder;
provided that such right
shall not be
exercised in a manner and to such extent as to impede or interfere
with the
operation of
the Airport by County, its lessees, or other Permittees, and shall be
subject to
the rules and
regulations of the Airport.
15. Waybills:
All TNC Driver
activity on Airport Property shall be documented by a Waybill
prepared
prior to
entering Airport Property. The Waybill shall state the passenger's
name, the
location of the
Pick-up, the time the charter was scheduled.
Permittee’s
Drivers are required to immediately present the mobile device that
contains the
prearranged
Waybill to any Airport Operations Staff or Law Enforcement who
requests to
inspect it.
16. Default by
Permittee:
Permittee shall
be in default under this Permit if:
A. Permittee or
its Drivers fail to keep, perform or observe any of the terms set
forth in
this Permit
after receiving written notice of such failures from County and being
provided an
opportunity to cure such failures through further Driver education,
training or
other means;
B. Permittee
shall fail duly and punctually to pay the fees, or to make any other
payment
required
hereunder, when due to County;
C. The interest
of Permittee under this Permit shall be transferred, without the
approval of
the County, by
reason of death, operation of law, assignment, sub-lease or
otherwise,
to any person,
firm or corporation;
D. Permittee
shall voluntarily abandon, desert or fail to use its rights
hereunder;
Attachment A
Page 14 of 22
(TNC)
Transportation Operating Permit
Page 14
E. Permittee
shall use or give its permission to any person to use any portion of
Airport,
used by
Permittee under this Permit, for any illegal purpose.
17. County
Remedies:
If Permittee or
its Drivers default on any of the covenants, terms and conditions
herein
contained,
County may elect to:
A. Allow this
Permit to continue in full force and effect and to enforce all of the
County's
rights and
remedies hereunder, including, without limitation, the right to
collect fees as
they become due
together with late charges of one and one-half percent (1.5%) of the
payment due and
unpaid plus one hundred dollars ($100) per month;
B. Terminate
this Permit as herein provided without prejudice to any other remedy
or right
of action for
arrearages of fees;
C. Direct that
defaulting Driver’s authority to operate under this Permit and on
Airport
Property be
cancelled.
Upon such
termination by County all rights, powers and privileges of Permittee
hereunder
shall cease and
Permittee shall have no claim of any kind whatsoever against County,
Board
of Supervisors,
or any members thereof, or their employees or agents by reason of
such
termination, or
by reason of any act by County incidental or related thereto. In the
event of
the exercise by
County of such option to terminate, Permittee shall have no right to
or claim
upon any
improvements or the value thereof, which may have been previously
installed by
Permittee in or
on the Airport's premises.
County will not
have deemed to have terminated this Permit in the absence of service
of
written notice
upon Permittee to that effect.
Revocation or
termination of this Permit may be appealed to Director. Such appeal
may be
initiated by
Permittee filing a written request for appeal to the Airport Director
within ten
(10) days of
Permittee's receipt of Notice of Termination. Permittee's request
shall
specifically
state the grounds upon which the appeal is based. The Airport
Director (or
his/her
designee) will act on this appeal within thirty (30) days of written
request for appeal.
All appeals
should be sent to the JWA address listed in the “Notices and
Written
Correspondence”
section 29 of this Permit.
The exercise by
County of any remedy provided in this Permit shall be cumulative and
shall
in no way
affect any other remedy available to County under law or equity.
Attachment A
Page 15 of 22
(TNC)
Transportation Operating Permit
Page 15
18. Monetary
Damages:
In the event
County elects to terminate this Permit due to Permittee default,
Permittee shall
pay to the
County an amount equal to the sum of:
A. All amounts
owing at the time of termination on account of breach of any term,
covenant
or condition of
this Permit including but not limited to unpaid fees plus interest
thereon
on all such
amounts from the date due until paid at the rate of one and one-half
percent
(1.5%) per
month plus one hundred dollars ($100);
B. Any other
amount to compensate County fully for all detriment proximately
caused by
Permittee's
failure to perform its obligations hereunder or which in the ordinary
course
would likely
result therefrom.
19. No Waiver
of Subsequent Breaches or Defaults:
The failure of
County at any time to insist upon a strict performance of any of the
terms,
conditions and
covenants herein shall not be deemed a waiver of any subsequent
breach or
default in the
terms, conditions and covenants herein.
20. Prohibition
Against Advertising:
No advertising
or solicitation of “TNC Services” shall occur on Airport
Property.
No advertising
or solicitation, including the posting of room rates or
transportation fares,
shall be
allowed on any of Permittee's or Driver’s vehicles, unless
specifically approved in
writing by
Director; except that a vehicle may display Permittee's authorized
TNC Trade
Dress.
21. Prohibited
Conduct:
The following
activities are prohibited while operating under this Permit:
A. Violating
any term or obligation found in this Permit;
B. Picking up
or discharging passengers or their baggage at any terminal level
other than
those
designated for such purpose;
C. Leaving the
vehicle unattended;
D. Failing to
give, upon a passenger's request, the driver's correct name, the name
of the
Permittee, the
Driver’s TNC identification number or vehicle number, if any;
Attachment A
Page 16 of 22
(TNC)
Transportation Operating Permit
Page 16
E. Failing to
immediately comply with requests Airport Staff or Law Enforcement, to
see
proof of
insurance, license and registration, prearranged Waybill or
confirmation that
TNC application
is activated while on Airport Property or within the Geo-Fence
Tracking Area;
F. Littering of
the loading zone;
G. Providing
false information to authorized Airport Operations Staff or Law
Enforcement;
H. Operating on
Airport Property without an activated TNC Application or approved
TNC Trade
Dress;
I. Waiting for
a passenger match while on Airport Property, including but not
limited to
Airport parking
lots, parking structures, cell phone lots or commercial hold
lots. TNC
Drivers
are prohibited from scheduling Passenger Pick-ups while on Airport
Property.
J. Solicitation
of passengers on Airport Property without a prearranged Waybill;
K. The use or
possession of any alcoholic beverage, or any dangerous drug or
narcotic,
while operating
a vehicle on Airport Property;
L. Failing to
operate a vehicle in a safe manner as required by the California
Vehicle
Code;
M. Failing to
comply with posted speed limits and traffic control signs;
N. Use of
profane or vulgar language directed to or at the public;
O. Any attempt
to bypass the TNC Application and solicit cash payment for Passenger
Pick-ups;
P. Any
solicitation for or on behalf of any hotel, motel, club or nightclub;
Q. Any
solicitation of any activity prohibited by the Penal Code of the
State of California;
R. Operating a
vehicle which is not in a safe mechanical condition or which lacks
mandatory
safety equipment as defined in the California Vehicle Code;
S.
Disconnecting any pollution control equipment;
T. Engaging in
any conduct or activity intended to or apparently intended to ask,
implore
Attachment A
Page 17 of 22
(TNC)
Transportation Operating Permit
Page 17
or persuade a
passenger to alter his or her previously chosen mode of ground
transportation
or specific ground transportation operator, except as otherwise
provided
by contract or
permit with the Airport.
22. Compliance
with Rules and Regulations:
Permittee and
its TNC Drivers shall abide by and conform to all laws, governmental
orders,
rules and
regulations, including any future amendments thereto, controlling or
in any
manner
affecting the use or occupancy of Airport Property. Permittee and its
TNC Drivers
shall abide by
and conform to all Airport Rules and Regulations, operational notices
or
bulletins now
and hereafter in force and effect. (Airport Rules and Regulations and
other
relevant
information
can
be
found
at
23. Changes to
CPUC Decision, Regulation or Law:
Permittee
understands and agrees that the CPUC may modify its Decision from
time-to-
time, and/or a
local, state or federal statute or regulations may be enacted that
affect the
requirements
for TNC operation in the State of California.
Subject to the
defined term “TNC Services” and insurance provisions found in
this Permit,
the terms of
this Permit shall be modified to be consistent with all such Decision
modifications
and/or local, state and federal regulations and statutes, and all
such Permit
modifications
shall be self-executing.
24.
Nonassignability:
This Permit is
not assignable, in whole or in part without the written consent of
the Director
or designee.
25. Revocation,
Amendment and Cancellation:
This permit is
revocable at any time, in the absolute discretion of the Director.
Such
revocation
shall be accomplished by giving 24 hours prior written notice to the
Permittee.
Should
Permittee, at any time, fail to provide or maintain the insurance or
Security Deposit
required under
this Permit, then the Director may, by 24 hour prior written notice,
revoke
this Permit.
Permittee may terminate this Permit by giving thirty (30) days prior
written
notice to the
Director. Director may amend this Permit as required for airport
operational
needs require
with thirty (30) days written notice to Permittee. This Permit may be
cancelled by
the mutual written consent of the parties at any time without the
aforesaid
written notice.
(TNC)
Transportation Operating Permit
Page 18
26. Section
Headings:
The section
headings contained herein are for convenience in reference and are
not intended
to define or
limit the scope of any provision of this Permit.
27.
Severability:
In the event
any term, covenant or condition herein contained is held to be
invalid by any
court of
competent jurisdiction, such invalidity shall not affect any other
valid term,
covenant or
condition herein contained.
28. Disclosure
of Records.
Permittee
acknowledges that, as a local agency, records in the County’s
possession may be
subject to
disclosure under the California Public Records Act (PRA) (California
Government Code
§§6250 et seq.).
County
understands that certain data which may be provided by Permittee
pursuant to this
Permit may be
considered non-public, trade secret, proprietary, and/or confidential
(“Confidential
Information”) by Permittee.
In the event
County receives a PRA request for documents considered “Confidential
Information”
by Permittee, County agrees to promptly notify Permittee of said
request and
shall not make
an immediate disclosure in order to provide Permittee with a
reasonable
opportunity to
seek judicial intervention concerning the potential disclosure of
Permittee’s
Confidential
Information. If Permittee informs County in writing of its intent to
seek a
court order
barring disclosure, County agrees to withhold requested information
as
permitted by
law.
29. Notice and
Written Correspondence.
JWA
Permittee
John Wayne
Airport
Name:
__________________________
18601 Airport
Way, #116
Santa Ana, CA
92707
Address:_________________________
Attn: Landside
Operations
(949) 252-5116
_________________________
Phone:
__________________________
Signature
Page to Follow
Attachment A
Page 19 of 22
(TNC)
Transportation Operating Permit
Page 19
IN WITNESS
WHEREOF, the parties hereto have executed this Permit in duplicate by
their duly
authorized
officers.
PERMITTEE*:
Authorized
Signature
Title
____________
Dated
____________
PERMITTEE*:
Authorized
Signature
Title
____________
Dated
___________
COUNTY OF
ORANGE:
Airport
Director Signature
Dated
___________
COUNTY COUNSEL
~--
Dated __/
_-_/ _f _-_2_t:Y,_!I_:s-_ _ __
*If
CONTRACTOR is a corporatio11, sig11atures oftwo specific corporate
officers are required
as
further set forth:
• The
first sig11ature must be o11e of the followillg: a) the Chairma11 of
the Board,· b)
Preside11t;
or c) a11y Vice Preside11t.
• The
seco11d sig11ature must be o11e of the followillg: a) Secretary; b)
the Cllief
Fi11a11cial
Officer; c) a11y Assista11t Secretary; or d) a11y Assista11t
Treasurer.
• lit
the altemative, a single corporate signature is acceptable whe11
accompa11ied by a
corporate
resolutio11 dem01tstrating the legal authority of the sig11ature to
bind the
company.
405
FROM
NORTH 55
ONLY
TO NORTH 55 AND
MAIN STREET PARKING
TO
NORTH 55
FROM 405 SOUTH
TO 405 SOUTH
MICHELSON DR
MacARTHUR
BOULEVARD
MAIN S
TREET
PARKING B2
PARKING A2
PARKING B1
PARKING A1
PARKING C
TERMINAL B
TERMINAL A
CAMPUS
DRIVE
AIRPORT WAY
N
DOUGLA
S
THOMAS F. RILEY
TERMINAL
TO CAMPUS DR
FROM SOUTH 55
ONLY
MAIN STREET
PARKING
405
55
73
Ground
Transportation Center
Buses/Courtesy
Shuttles
Taxis
Rental Cars
Valet Parking
Parking
Entrance
TERMINAL C
Ground
Transportation
Center
(GTC)
UPPER LEVEL
LOWER LEVEL
Terminal C
Main Street
Shuttle Pick-up
Statue
Attachment A
Page 20 of 22
APPENDIX A
Attachment A
Page 21 of 22
APPENDIX
B
DATA
INTERFACE AGREEMENT
THIS DATA
INTERFACE AGREEMENT is entered into as of this ____ day of
___________, 2015 (the
“Effective
Date”), by _________________, with a principal place of business at
________________
___________________________
(“Recipient”) and the County of Orange, John Wayne Airport (the
“Airport”)
concerning Confidential Information. This Data Interface Agreement is
made with
reference to
the Recipient’s Permit to Operate as a Transportation Network
Company on Airport
property. This
Data Interface Agreement shall be attached and incorporated by
reference into the
John Wayne
Airport “Transportation Network Company (TNC) Charter
Operator Commercial
Ground
Transportation Operating Permit.”
The parties
hereby agree as follows:
1.
DATA REQUIREMENTS
The data
exchange between Recipient and JWA shall conform to the following
formats:
Name
Format
Description
Samples
uid
<Driver id +
trip id>
Driver id
concatenated with the trip id.
<Recipient
to
provide samples
and format>
Alphanumeric
characters
only.
tnc_id
Five digit
number
The assigned
TCP number for Recipient.
“32111”
license_plate
Seven character string
For California,
seven characters or less,
numerical and
alphabetic, that represents the
vehicle license
plate.
“ABC1234”
timestamp
[YYYY]-[MM]-
[DD]T[hh]:[mm]:[ss]Z
The current
time of the event or “ping”
expressed in
ISO 8601 combined date and
time in UTC
using 24-hour clock.
http://en.wikipedia.org/wiki/ISO_8601#UTC
“2014-09-
10T14:12:05Z”
txn_type
Literal String
The type of
event or “ping” as defined by the
permit.
“ENTRY”
“DROP-OFF”
“PICK-UP”
“EXIT”
ride_count
Integer
Number of
active TNC rides in the vehicle
following the
transaction event/ping. Value
will be either
“0” (no active ride) or “1”
(active ride).
“0”
“1”
lon
World Geodetic
System
1984 (WGS84)
formatted
longitude
The longitude
coordinate of the event or
“ping”
expressed as a positive or negative
number. For
JWA, this will always be a
negative
number.
“-123.12345678”
lat
World Geodetic
System
1984 (WGS84)
formatted
latitude
The latitude
coordinate of the event or “ping”
expressed as a
positive or negative number.
For JWA this
will always be a positive
number.
“123.12345678”
JWA
TNC PERMIT
Page
1 of 2
Attachment A
Page 22 of 22
2.
WEB SERVICE
JWA shall
provide a web service in order to accept data from Recipient in the
following manner:
a. The web
service shall use HTTPS protocol to submit all requests and posts.
b. The web
service shall allow HTTPS POST for all “pings” from Recipient.
c. The web
service shall accept the HTTPS POST parameters as defined in the
following list:
“uid”,
“tnc_id”, “license_plate”, “timestamp”, “txn_type “
ride_count”, “lon”, “lat”. Parameters
must be URL
encoded.
d. A username
and secret phrase shall be shared between Recipient and JWA in order
to create a basic
authorization
mechanism for all requests from Recipient. Base64 encoding of the
<username:secret
phrase> shall be provided in the HTTP Authorization Header for all
HTTPS
requests.
e. Data from
Recipient shall be posted to the following URL with the following
parameters with URL
alue>”×tamp=”<value>”&txn_type=”<value>”&
ride_count
=”<value>”&lon=”<value>”&lat=”<value>”
Example:
ABC1234”×tamp=”2014-09-10T14:02:55Z”&txn_type=”ENTRY”&
ride_count
=”1”&lon=”-123.12345678”&lat=”123.12345678”
f. Airport
acknowledges that Permittee asserts that some of the Interface Data
contains
personally
identifiable information and is a compilation of information that
constitutes
Permittee’s
trade secret. Although the Airport lacks sufficient information to
determine
whether such
information is a trade secret for purposes of Public Disclosure
Authorities,
in the event
the Airport receives a third party request for TNC Driver
identification
information
and/or TNC Vehicle license plate information under the Public
Disclosure
Authorities
described in § 4.5(e) of the Pilot Permit, it will follow the
procedure set forth
in § 4.5(e) in
the Pilot Permit.
g. Airport
agrees to maintain adequate administrative, physical, technical and
procedural
safeguards to
protect the Interface Data in the possession of Airport against
unauthorized
access or
disclosure.
THIS AGREEMENT
IS EXECUTED by the parties as of the Effective Date
4)
formatted
longitude
The
longitude coordinate of the event or
“ping”
expressed as a positive or negative
number.
For JWA, this will always be a
negative
number.
“-123.12345678”
lat
World
Geodetic System
1984
(WGS84)
formatted
latitude
The
latitude coordinate of the event or “ping”
expressed
as a positive or negative number.
For
JWA this will always be a positive
number.
“123.12345678”
JWA
TNC PERMIT
Page
1 of 2
Attachment
A
Page
22 of 22
2.
WEB SERVICE
JWA
shall provide a web service in order to accept data from Recipient in
the following manner:
a.
The web service shall use HTTPS protocol to submit all requests and
posts.
b.
The web service shall allow HTTPS POST for all “pings” from
Recipient.
c.
The web service shall accept the HTTPS POST parameters as defined in
the following list:
“uid”,
“tnc_id”, “license_plate”, “timestamp”, “txn_type “
ride_count”, “lon”, “lat”. Parameters
must
be URL encoded.
d.
A username and secret phrase shall be shared between Recipient and
JWA in order to create a basic
authorization
mechanism for all requests from Recipient. Base64 encoding of the
<username:secret
phrase> shall be provided in the HTTP Authorization Header for all
HTTPS
requests.
e.
Data from Recipient shall be posted to the following URL with the
following parameters with URL
alue>”×tamp=”<value>”&txn_type=”<value>”&
ride_count
=”<value>”&lon=”<value>”&lat=”<value>”
Example:
ABC1234”×tamp=”2014-09-10T14:02:55Z”&txn_type=”ENTRY”&
ride_count
=”1”&lon=”-123.12345678”&lat=”123.12345678”
f. Airport
acknowledges that Permittee asserts that some of the Interface Data
contains
personally
identifiable information and is a compilation of information that
constitutes
Permittee’s
trade secret. Although the Airport lacks sufficient information to
determine
whether such
information is a trade secret for purposes of Public Disclosure
Authorities,
in the event
the Airport receives a third party request for TNC Driver
identification
information
and/or TNC Vehicle license plate information under the Public
Disclosure
Authorities
described in § 4.5(e) of the Pilot Permit, it will follow the
procedure set forth
in § 4.5(e) in
the Pilot Permit.
g. Airport
agrees to maintain adequate administrative, physical, technical and
procedural
safeguards to
protect the Interface Data in the possession of Airport against
unauthorized
access or
disclosure.
THIS
AGREEMENT IS EXECUTED by the parties as of the Effective Date
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