Ride Share Drivers: John Wayne Airport

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...

Page 1

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):

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).

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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

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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

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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-

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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.

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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.

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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:

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

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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.

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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.

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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

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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

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.

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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.

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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.

Page 14

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.

Page 15

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

Page 16

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;

Page 17

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.

Page 18

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;

Page 19

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

Page 20

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

found

http://www.ocair.com/businessandemployment/groundtransportation/.

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.

Page 21

(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

Page 22

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.

Page 23

405

FROM

NORTH 55

ONLY

TO NORTH 55 AND MAIN STREET PARKING

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

DOUGLA

THOMAS F. RILEY TERMINAL

TO CAMPUS DR

FROM SOUTH 55 ONLY

MAIN STREET

PARKING

405

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

Page 24

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 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