Beach Towing Permit from 9/1/09 to 8/31/2011~ooq_ ~ 7is`/
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CITY OF MIAMI BEACH
POLICE DEPARTMENT AND PARKNG DEPARTMENT
TOWING PERMIT (FROM SEPTEMBER 1, 2009, TO AUGUST 31, 2011)
PERMIT ISSUED TO:
BEACH TOWING SERVICES, INC.
PERMITTEE'S REPRESENTATIVES/TITLE:
JOSE RODRIGUEZ, OWNER/PRESIDENT
PERMITTEE'S ADDRESS:
1349 DADE BOULEVARD, MIAMI BEACH, FL, 33139
PERMIT TERM:
THIS TOWING PERMIT COMMENCES ON SEPTEMBER 1, 2009 AND EXPIRES ON
AUGUST 31, 2011
ALL REQUIREMENTS, PROVISIONS, FEES, AND TERMS OUTLINED IN THE ADMINISTRATIVE
RULES AND REGULATIONS FOR POLICE TOWING PERMIT (SEE ATTACHED), ARE HEREBY
IN FORCE AND EFFECT AS OF THE DATE OF APPROVAL OF SAME BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, AND PERMITTEE, AS EVIDENCED BY ITS
EXECUTION OF THIS PERMIT BELOW, HEREBY AGREES TO COMPLY WITH ANY AND ALL
SUCH RULES AND REGULATIONS, AS SAME MAY BE AMENDED FROM TIME TO TIME
DURING THE PERMIT TERM.
IN WITNESS WHEREOF THE CITY HAS CAUSED THIS PERMIT TO BE SIGNED BY ITS MAYOR
AND CITY CLERK, AND THE PERMITTEE HAS CAUSED THIS PERMIT TO BE SIGNED IN ITS
NAME, BY ITS DULY AUTHORIZED REPRESENTATIVE.
PERMITTEE:
SE RODRIG ,PRESIDENT
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S
APPRQVED A3 TO
FOR EXECUTION
CITY:
M IHERR O ,MA OR
ATTEST:
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ROBERT PARCHER, CITY CLERK
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CITY OF MIAMI BEACH
ADMINISTRATIVE RULES AND REGULATIONS
FOR
POLICE AND PARKING TOWING PERMITS
REVISED AS OF JULY 22, 2009
CITY OF MIAMI BEACH ADMINISTRATIVE RULES AND REGULATIONS FOR
POLICE AND PARKING TOWING PERMITS
Introduction
Pursuant to Section 106-212 of the City Code, and subject to City Commission
approval, the City Manager shall promulgate rules and regulations as may be necessary
to govern the discharge of towing or storage of vehicles identified by the City of Miami
Beach Police Department (hereinafter, "MBPD" or the Police Department) as requiring
removal from the public right of ways. Each applicant issued a permit by the City to tow
or store vehicles, in accordance with Article V (entitled, "Police Vehicle Towing"),
Division 2, Sections 106-211 through 106-255 of the City Code, shall comply at all times
with the administrative rules and regulations hereinafter set forth, and as same may be
amended from time to time (the "Administrative Rules and Regulations"). An applicant
issued a permit to tow or store vehicles (hereinafter, the "Permit") pursuant to the
aforestated Code section shall hereinafter be referred to as a "Permittee".
A Permittee's failure to comply may result in suspension or revocation of a
Permit by the City Manager.
1. QUALIFICATIONS OF APPLICANT
Prior to the issuance of a Permit, an applicant shall be required to evidence, to
the reasonable satisfaction of the City Manager, that it has the necessary facilities,
equipment, skills, personnel, and financial responsibility to furnish the services required
under the Permit in a satisfactory manner. An applicant shall be required to evidence a
record of satisfactory past performance, and, in support thereof, may be required to
submit references and provide such other documentation, upon request by the City
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Manager. Failure to qualify with any or all of the following requirements shall be
sufficient justification for the City Manager to reject an application for a Permit (including
rejection for renewal of a Permit).
2. COMPETENCY OF APPLICANTS
Permit applications shall only be considered from firms with proven experience
in the towing business which have an established and satisfactory record of
performance, and have available the required equipment, facilities and storage space,
and personnel sufficient to ensure that they can properly execute the work/services
required. The City Manager or his designee reserves the right to inspect an applicant's
existing or proposed facilities and storage space following submission of a Permit
application.
To receive consideration, an applicant must identify a facility (which serves as its
base of operations) and storage area located within the city limits of the City of Miami
Beach.
Applicants must have all necessary licenses and permits, as required to operate
and provide the work/services herein including, without limitation, all applicable licenses
and permits required by the City, Miami-Dade County, and the State of Florida.
By City's issuance of the Permit, and acceptance of the Permit by
applicant/Permittee, applicant/Permittee thereby represents and warrants to the City
that it has made itself familiar with all applicable Federal, State, Miami-Dade County,
and City laws, ordinances, and rules and regulations that may, in any way, affect and/or
apply to the work/services to be provided (and shall continue to keep itself aware and
familiar with any subsequent updates in any such laws). Ignorance of the law on the
part of the applicant/Permittee will in no way relieve it from any responsibility and/or
liability under the Permit.
By submission of an application, the applicant shall declare, represent and certify
to the City that the only person or persons interested in the Permit is/are the principal or
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principals named therein; that no person or persons (other than therein mentioned)
has/have any interest in the Permit; that the Permit is issued by the City without
connection to any person(s), company(ies) or party(ies) making the application; and
that it is in all respects fair, in good faith, and without collusion or fraud.
3. PERMIT FEE/MONTHLY BILLING
Permittee shall pay to the City a monthly Permit fee, in the amount of $25.00 for
each vehicle towed.
The City shall bill Permittee by the 10th of each month for all tows occurring in
the previous month. A late charge of $50.00, plus the greater of (i) eighteen percent
(18%) interest per annum, or ii) the maximum rate allowable under Florida law, shall be
assessed on all payments received after the 20th day of the billing month.
Payments to the City shall be by check and remitted to the City of Miami Beach
Finance Department (Revenue Section). Checks shall be clearly marked "Police Tow"
or "Parking Department Tow."
4. INDEMNIFICATION/HOLD HARMLESS AND INSURANCE REQUIREMENTS
Permittee shall be responsible for any work and services, and every part thereof,
undertaken pursuant to the Permit; this shall include, without limitation, all Permittee's
officers, directors, employees, agents, contractors, and servants, as well as any
facilities, equipment, and property of every description, used in connection with the
performance of the work and/or services required under the Permit. Permittee shall
specifically and distinctly assume, and by the City's issuance of the Permit does so
expressly assume, all risks of damage or injury to property or persons used or
employed on, or used or retained by, Permittee in connection with work/services under
the Permit, and of all injury or damage to any person or property, wherever located,
resulting from any action or operation under the Permit, or in connection with the work
and/or services thereunder.
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As separate and additional consideration for the City's issuance of the Permit,
Permittee shall indemnify, hold harmless and defend (with counsel approved by the City
Attorney) the City of Miami Beach, Florida, its officers, employees, agents, contractors,
and servants, from and against any and all claims, liabilities, demands, causes of
action, costs and expenses (including reasonable attorneys' fees at trial and all levels of
appeal) of whatsoever kind or nature arising out of error, omission, negligent act or
willful misconduct of Permittee, its officers, directors, employees, agents, contractors,
and servants ("Claims"), whether directly or indirectly, from the provision of work and/or
services pursuant to the Permit; provided, however, that there is expressly excluded
from the foregoing obligations any Claims to the extent resulting from the gross
negligence or willful misconduct of the City. The indemnification provisions of this
paragraph shall survive expiration or termination of the Permit.
In addition to, and separate from, Permit's obligation to indemnify and hold the
City harmless (as set forth in the preceding paragraph), Permittee shall maintain the
following insurance coverage in full force and effect at all times throughout the Permit
term:
a. Commercial General Liability insurance in amounts prescribed by the City
Manager or his designee, and as necessary to protect the Permittee and
the interests of the City against all risks of injury to persons (including
death) or damage to property, wherever located, resulting from any action
or operation under the Permit or in connection with the work/services
thereto.
b. Automobile Liability Insurance, including Property Damage, covering all
owned, non-owned or hired automobiles and equipment used in
connection with the work/services;
c. Workers' Compensation and Employer's Liability Insurance, as required
to meet the statutory requirements of the State of Florida; and
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d. Any other additional coverages) as may reasonably be required from time
to time by the City Manager or his designee.
Permittee shall be the named insured under all such policies. The City of Miami
Beach, Florida, shall be named as an additional insured on all required liability policies.
Permittee shall also be responsible for requiring that any required policy endorsements
state that the City will not be liable for the payment of any premiums or assessments.
All liability insurance coverage and policies required herein shall contain a
provision acknowledging and agreeing to the indemnification and hold harmless
requirements (and language) set forth in this Section 4.
All required policies shall provide full coverage from the first dollar of exposure.
No deductibles will be allowed unless approved, in writing, by the City's Risk Manager
(prior to issuance of the policy).
No change or cancellation in insurance shall be made without thirty (30) days
written notice to the City's Risk Manager.
All insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida and these companies must have a rating of at
least B+:VI or better, per Best's Key Rating Guide, latest edition.
Original signed certificates of insurance, evidencing the required coverages and
endorsements, shall be approved by the City Manager or his designee and filed with the
City's Risk Manager prior to commencement of the Permit term, and/or prior to
commencement of any work and/or services under the Permit (whichever is earlier).
It is understood and agreed that all policies of insurance required hereunder
shall be primary to any insurance or self-insurance the City of Miami Beach.
Permittee will also be solely responsible for securing and maintaining policies for
any and all of its subcontractors, to the extent and in accordance with the same
insurance requirements as apply to Permittee pursuant to this Section 4.
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Notwithstanding compliance by Permittee and its subcontractors with the
insurance requirements in this Section 4. Permittee shall be ultimately responsible and
liable for any negligent acts, errors or omissions of its subcontractor(s) (and of persons
employed by such subcontractor(s)), to the extent that Permittee would be responsible
(for the negligent acts, errors and omissions of persons employed and/or retained by
Permittee) under the requirements of this Section 4.
Should Permittee fail to provide proof of coverage for any insurance (and/or
other term or condition) required in this Section 4, within seven (7) days of receipt of
written notice from the City Manager or his designee, the City reserves any and all right
to immediately terminate the Permit.
5. STORAGE AREA/STORAGE FACILITY(IES)
Permittee shall have available outside storage for a minimum of one hundred
(100) vehicles. Said storage area will be enclosed in accordance with applicable zoning
requirements. At a minimum, Permittee shall surround the storage area with achain-
link fence or solid-wall type fence at least six (6') feet high. The storage area shall be
sufficiently illuminated to reveal persons and vehicles at a distance of at least 150 feet
during evening hours. Permittee shall use such security measures as necessary to
prevent theft, vandalism, stripping and dismantling of parts from vehicles in all storage
areas.
Permittee shall provide a completely enclosed inside storage area (solid walls,
roof, and access door) for at least five (5) vehicles. Said area will be secured against
entry by unauthorized persons.
All vehicle keys shall be secured separately.
In the event Permittee's storage areas are filled to capacity, the Permittee shall
not be relieved of its responsibility with regard to storage of vehicles pursuant to the
Permit, and shall be required to make alternate arrangements for storage (as required
to comply with the terms of the Permit). Any storage area proposed to be utilized by
Permittee, which was not identified in its Permit application, must obtain the prior written
approval of the City Manager or his designee prior to commencement of such use.
Permittee's storage area must be located within the city limits of Miami Beach.
Vehicles shall be stored for a minimum of seven (7) days, after which they may be
removed to a storage area outside the city limits of Miami Beach, but within Miami-Dade
County, Florida.
Any vehicle with a "police hold," shall not be stored outside the city limits of
Miami Beach.
Permittee may not charge an additional towing fee for removal of a vehicle for
storage outside the city limits of Miami Beach. An owner (or other authorized individual)
claiming a vehicle stored outside the city limits of Miami Beach shall be given the
option, without charge, of either free transportation to the vehicle, or having the vehicle
returned to the Permittee's Miami Beach storage area.
No storage charges shall be assessed for any vehicle which, pursuant to
authorization of the City Manager or his designee, is stored at a City facility.
In addition to the storage area(s), the Permittee shall have a permanent on-
premises office, which shall be staffed on a 24-hour basis by at least one (1) employee.
Permittee shall also provide on-premises security in the form of one or more of
the following: night dispatcher or watchman; security guard service; security dog; or
security cameras.
Notwithstanding the preceding paragraph, Permittee shall be required to hire City
off-duty police officers on the premises on holidays and during all major events in the
City. "Holidays" are herein defined as any City of Miami Beach recognized/observed
legal holiday. Major events are herein defined as those events identified in the City's
Major Event Planning (MEP), as same may be amended from time to time. In the event
that the MBPD is unable to fulfill the off-duty requirement, Permittee may satisfy the
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requirement by hiring off-duty police officers from other jurisdictions (i.e. Miami-Dade,
City of Miami, etc.).
Permittee must post aCity-approved sign at its on-premises facility indicating
charges (as shall have been approved by the City). This sign must include a statement
about the accepted methods of payment and the number and kinds of identification
required. At a minimum, the sign must be in one inch (I") lettering, with contrasting
background, permanently and prominently posted in the area where the charges are
paid to Permittee.
All areas accessible to the public must be well lighted, with provisions to
accommodate seating for members of the public retrieving vehicles. Permittee shall be
prohibited from utilizing or maintaining any sort of public announcement (PA) system
from its premises, so as to eliminate and/or reduce amplified and other noise to the
surrounding neighborhood that occurs after 11:00 p.m.
Additional Conditions for Permitee's On-Premises_ Facility/Storaae Area:
1. Storage and/or parking of vehicles must be fully screened from view, as seen
from any right-of-way or adjoining property, when viewed from five feet six inches
(5'6") above grade, with an opaque wood fence, masonry wall, or other opaque
screening device not less than six feet (6') in height.
2. Parking spaces, backup areas, and drives shall be appropriately dimensioned for
the type of vehicles being parked or stored.
3. The City shall retain the right to modify the Permit and the conditions of operation
should there be complaints about loud, excessive, unnecessary, or unusual late
night noise that occurs after 11:00 p.m.
4. The Permittee shall be responsible for maintaining the immediate areas adjacent
to its on-premises facility and storage area including, without limitation, the
adjacent sidewalks, curbs, and gutters, in a clean and sanitary manner, free of
refuse, at all times during hours of operation.
5. Permittee shall be required to satisfy the landscaping requirements of Section
126-6 (2) of the City Code.
6. A plan for a recurring maintenance schedule that includes, but is not limited to,
cleaning Permittee's on-premises storage area, clipping of hedge material,
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removing and replacement of dead plant material, fertilization and irrigation, shall
be submitted to the City Manager or his authorized designee, within thirty (30) days
of the commencement of the Term, for the Manager or his designee's review and
approval, which shall not be unreasonably withheld, conditioned, or delayed.
7. The lighting in Permittee's on-site facility and storage area must satisfy the City
Code and the Florida Building Codes. The light from light poles shall be contained
on-site. Any light poles shall not exceed fifteen feet (15') in height, measured from
grade.
8. Permittee shall be responsible for operating its on-premises facility and storage
area in an orderly, clean and quiet manner so that neighboring residents are not
disturbed during the hours of operation. At a minimum, this shall include removing
all trash from the lot not less than twice daily. The sounding of car alarms,
automobile horns, playing of radios or any kind of audio system (including by the
valet attendants), and screeching of tires shall be prohibited. A sign addressing
City Code provisions regarding car alarms, and a sign prohibiting the screeching of
tires and sounding of horns, shall be posted on-site so they are plainly visible by,
and legible to, users of the facility.
9. Violation of Section 46-152, of the City Code, as same may be amended (the
City's Noise Ordinance) may be deemed a violation of the terms of the Permit.
Accordingly, in the event of such violation, the City Manager reserves any and all
right to suspend or terminate the Permit.
6. TOWS WITH POLICE HOLD
Vehicles impounded with a "police hold", shall be stored at Permittee's storage
area (within the City limits) for a period of up to five (5) working days, excluding
Saturday, Sunday and Holidays; at no charge for the first five (5) working days, or until
the police hold is released, whichever occurs first.
If, after expiration of the five (5) working days, the vehicle requires a police hold
for a longer period of time, the City Manager or his authorized designee may direct
Permittee, in writing, to remove the vehicle to a City facility, without charge to the City.
In the alternative, the City's notice may request that Permittee continue to store the
vehicle at Permittee's storage facility. If the City's notice elects to have the vehicle
remain at Permittee's storage facility, the City shall be responsible for any storage
charges incurred after aforestated initial five (5) working days.
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If the Permittee does not receive such written notification from the City, within the
time period provided above, the Permittee may release the vehicle to the registered
owner or lien holder; provided however, that the Permittee shall provide the City
Manager or his designee with written notice of Permittee's intent to release, prior to the
actual release date.
If the City's notice authorizes Permittee to remove the vehicle from Permittee's
storage facility, but the vehicle has already been released to the owner or lien holder,
the owner or lien holder (and not the City) will be responsible for any tow and storage
charges for the number of days the vehicle was stored at Permittee's storage facility.
The towing and storage rates charged to an owner/lien holder shall not exceed the
rates that would be charged to the City.
All police holds must include the following information:
1. name and agency of the law enforcement agency;
2. date and time the hold is placed on the vehicle;
3. a general description of the vehicle, including color, make,
model, body style and year, VIN, registration plate with state
and year, and validation sticker number with state and year;
4. the specific reason for placing the hold;
5. the condition of the vehicle;
6. the location where the vehicle is being held; and
7. the name, address, and phone number of the storage facility where
the vehicle is stored.
In cases where a vehicle has a police hold pursuant to a violation of Article IX,
Sections 106-391, through 106-395 (the City's Vehicle Impoundment Ordinance of the
City Code). Permittee shall reduce removal, towing, and storage charges as (and if)
ordered by the City's Special Master.
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After the initial five (5) working days of storage, all vehicles impounded for a
violation of the Vehicle Impoundment Ordinance shall also be removed by Permittee to
a City storage facility without charge to the City.
The Permittee shall not divulge any information with respect to a towed vehicle
when such vehicle has a police hold. Anyone wishing to obtain information on a vehicle
with a police hold shall be referred to the MBPD.
7. STORAGE PROCEDURES FOR VEHICLES
The Permittee shall provide storage for impounded vehicles in its outside storage
area unless specific written instructions are given for inside storage by the impounding
MBPD officer or City Parking Enforcement Specialist.
If required by the City for proper processing for investigative purposes, the
Permittee shall move an impounded vehicle to an area designated by the City Manager
or his designee, within the City limits, prior to storage, at no additional charge to the
City. When the City orders a vehicle involved in a criminal investigation to be towed to
a location only other than Permittee's storage facility, that vehicle may only be released
from such location to the owner and/or lien holder, and then only upon prior written
approval by an MBPD supervisor. If so approved, the City shall be responsible for the
initial tow charges. Notwithstanding the preceding, and in the event the vehicle was not
claimed by the owner or lien holder at the location where the investigation took place,
the City shall not be held responsible for, nor required to, assure that further
arrangements have been made (or pay) for towing and storage following completion of
the vehicle processing. Permittee shall return any such vehicle to the Permittee's
storage area (and the City shall only be responsible for the cost of the initial tow).
8. LOCATION CHANGES OF IMPOUNDED VEHICLES
Permittee shall not change the type of storage (inside and/or outside) or storage
location without the prior written approval of the City Manager or his designee.
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9. ATTENDANT ON DUTY
The Permittee shall make available, on a 24-hour, 7-days a week basis,
attendants for immediate response to calls for service from the City. Permittee shall
also have adequate personnel available to staff its on-premises facility, on a 24-hour,
7-days a week basis, for the purpose of dispatching calls and releasing towed vehicles.
10. VEHICLE LOADING
All vehicle loading shall only be conducted on Permittee's premises (off-street
and interior to storage lot). The use of a forklift or similar device shall be strictly
prohibited on any City right-of-way.
11. EQUIPMENT
Permittee shall operate and maintain any and all equipment, as required to
satisfactorily perform the work/services required under the Permit. All equipment shall
be maintained in a state of readiness for response. In the event that Permittee utilizes
any equipment not owned by it, the City shall require that Permittee demonstrate, to the
City Manager's satisfaction, that it has the primary use and control of such equipment
throughout the Permit term (whether by providing proof of an equipment lease, or other
legally binding contract evidencing use and control of any required equipment). Any
equipment not owned by Permittee must be made available to Permittee on a first
priority basis.
At a minimum, Permittee shall maintain and have available during the Permit
term the following type(s) of equipment:
A. WRECKERS (TOW TRUCKS)
All wreckers will be registered and shall have appropriate licenses to
operate as wreckers. Permittee's towing license number shall be displayed on
the front of the vehicle in letters at least three (3") inches high. Permittee's
company name shall be displayed on the driver and passenger side of the
vehicle in letters at least three (3") inches high. The company's address and
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telephone number shall be displayed on the driver and passenger side of the
vehicle in letters at least one (1 ") inch high.
All wreckers shall display a current decal issued by the City. Permittee shall
maintain mobile equipment between its trucks and base stations.
B. MINIMUM RATINGS FOR WRECKERS
Wreckers shall meet the following minimum ratings:
(1) Class "A"Wrecker:
(a) Commercially manufactured unit, with a rated capacity of not
less than 10,000 pounds, GVW
(b) Cab to axle dimension of not less than 56 inches
(c) Dual rear wheels
(d) Commercially manufactured boom with a minimum capacity
of 8,000 pounds
(e) Hydraulically operated winch(es) with a minimum total
winching capacity of 8,000 pounds
(f) One hundred (100') feet of 3/8 inch steel core cable per
winch
(g) Wheel life with a retracted rating of not less than 3,500
pounds and an extended rating of not less than 2,000
pounds
(h) Tow sling with a safe lift rating of 3,500 pounds
(I) Two (2) 3/8 inch high test safety chains
Q) Dolly equipped
(k) One (1) motorcycle sling
(I) Four-way lug wrench
(m) One (1) pair of jumper cables
(2) Class "A" Slide Back Car Carrier:
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(a) Commercially manufactured unit, with a rated capacity of not
less than 10,000 pounds, GVW
(b) Cab to axle dimension of not less than 102 inches
(c) Dual rear wheels
(d) Seventeen (17') feet or longer hydraulically operated slide
back or tilt bed
(e) Hydraulically operated winch(es) with a minimum total
winching capacity of 8,000 pounds
(f) Sixty five (65') feet of 3/8 inch steel core cable
(g) Two (2) tie down chains, each ten (10') feet in length
(h) Four-way lug wrench
(I) One (1) pair of jumper cables
(3) Class "B"Wrecker:
(a) Commercially manufactured unit, with a rated capacity of not
less than 18,000 pounds, GVW
(b) Cab to axle dimension of not less than 84 inches
(c) Commercially manufactured hydraulic boom(s) with a
minimum total capacity of 16,000 pounds
(d) Hydraulically operated winch(es) with a minimum total
winching capacity of 16,000 pounds
(e) Two hundred (200) feet of/z inch steel core cable per winch
(f) Under reach with a retracted rating of not less than 6,000
pounds and an extended rating of not less than 4,000
pounds
(g) Tow sling with a safe lift rating of 8,500 pounds
(h) Two (2) 5/16 inch alloy safety chains
(I) Tow bar equipped
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Q) Two (2) snatch blocks, minimum 8,000 pound capacity each
(k) Two (2) scotch blocks
(I) Brake lock
(m) Six (6') to eight (8') feet of extra towing chain with hooks,
minimum 4,000 pound capacity chain with hooks, minimum
4,000 pound capacity
(n) Four-way lug wrench
(o) One (1) pair of jumper cables
(4) Class "B" Slide Back Car Carrier:
(a) Commercially manufactured unit, with a rated capacity of not
less than 20,000 pounds, GVW
(b) Cab to axle dimension of not less than 138 inches
(c) Dual rear wheels
(d) Twenty one (21') feet or longer hydraulically operated slide
back or tilt bed
(e) Hydraulically operated winch with a minimum winching
capacity of 8,000 pounds
(f) One hundred (100') feet of 3/8 inch steel core cable
(g) Two (2) tie down chains, each ten (10') feet in length
(h) One (1) snatch block, minimum 8,000 pound capacity
(I) Four-way lug wrench
Q) One (1) pair of jumper cables
(k) Commercial Non-restricted license plate
(5) Class "C"Wrecker:
(a) Commercially manufactured unit, with a rated capacity of not
less than 36,000 pounds, GVW
(b) Cab to axle dimension of not less than 144 inches
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(c) Commercially manufactured boom(s) with a minimum total
capacity of 50,000 pounds
(d) Winch(es) with a minimum total winching capacity of 50,000
pounds
(e) Two hundred (200') feet of 5/8 inch steel core cable per
winch
(f) Under reach with a retracted rating of not less than 25,000
pounds and an extended rating of not less than 12,000
pounds
(g) Rear support jacks or outriggers
(h) Tow sling with a safe lift rating of 12,000 pounds
(I) Two (2) %Z inch alloy safety chains
(j) Tow bar equipped
(k) External air hookup and hoses to supply air to disabled
vehicles
(I) Two (2) snatch blocks, minimum 24,000 pound capacity
each
(m) Two (2) scotch blocks
(n) Spring brake -air lock
(o) Six (6') to eight (8') feet of extra towing chain with hooks,
minimum 4,000 pound capacity
Where two (2) Class "C" wreckers are required, at least one
(1) shall be under reach equipped.
C. ADDITIONAL EQUIPMENT REQUIRED ON EACH VEHICLE
(1) Two-way radio
(2) Proper safety lights
(3) Amber rotation dome light
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(4) Two (2) flood lights to rear
(5) Sand (50 pounds minimum)
(6) Heavy duty sweeping broom (24" wide)
(7) Two (2) safety cones (day-glow orange, 3 feet high)
(8) One set of three (3) reflectors
(9) Six (6) thirty minute flares
(10) Flat shovel
(11) Ax
(12) Fire extinguisher 5 Ib. dry chemical underwriter approved
(13) First aid kit -minimum 16 units
D. COMMUNICATIONS SYSTEM
Permittee shall provide its own two-way radio communications system, or
alternate communications system as may be approved by the City Manager or
his designee (upon written request by Permittee and prior to implementation of
such alternate system). The communications system shall be between the
Permittee's base station and service trucks utilized in providing work/services
under the Permit. In addition, Permittee shall provide the City's Parking
Department with a radio to communicate with Permittee.
12. EMPLOYEES OF PERMITTEE
Permittee shall be solely responsible for selecting, training and employing (or
otherwise retaining) such personnel as is necessary for Permittee to satisfy the
requirements of the Permit and to satisfactorily perform the work and services required
under the Permit. A copy of each employee's drivers license shall be kept on file by
Permittee and made available upon request of the City Manager or his designee.
Any and all employees and/or other individuals retained by Permittee, shall not,
for any purposes, be considered to be employees of the City of Miami Beach, and
is
Permittee shall be solely responsible for their supervision and daily direction and
control.
It is the intent of the City and Permittee, and Permittee acknowledges, that the
Permittee is legally considered to be an independent contractor and that neither it, nor
its officers, directors, employees, agents, contractors or servants, shall, under any
circumstances, be considered officers, directors, employees, contractors, agents or
servants of the City, and that the City shall at no time be legally responsible or liable for
any negligent acts, errors, omissions, or misconduct on the part of Permittee, or any of
its officers, directors, employees, contractors, agents or servants. Additionally, toward
that end, Permittee agrees to have no markings on either vehicles, buildings, or
correspondence that indicates or tends to indicate any official relationship between the
Permittee and the City of Miami Beach.
13. REQUESTS FOR TOW SERVICE
All requests for service by the City shall be made through the MBPD or by a City
Parking Enforcement Specialist. The dispatching unit of the MBPD or the City's Parking
Department will assign tows to Permittees on a rotating basis, alternating every tow.
The City reserves the right to cancel a request for Permittee's services on a
particular tow, at any time, up to the time of hook-up of the vehicle. Permittee
acknowledges and agrees that the mere response to a City service call, without other
action, shall not constitute a service for which charges are applicable.
Except in situations where a vehicle has a "police hold," if the registered owner of
the vehicle (or other legally authorized person in control of the vehicle) arrives at the
scene of the tow prior to the towing or removal of the vehicle, the vehicle shall be
disconnected from the towing or removal apparatus, and the vehicle owner (or legally
authorized individual in control of the vehicle) shall be allowed to remove the vehicle,
without interference (See also Section 23 herein).
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In those situations where the immediate removal of a legally parked vehicle is
necessary in the interest of public safety including, without limitation, due to a fire,
storm, flood, other emergency, or a crime scene, upon prior authorization of a
commanding officer or supervisor of the MBPD, the Permittee shall remove the vehicle
to the nearest public parking area (where parking is available), at no cost to the City (or
to the owner of the vehicle).
If, at the option of the MBPD officer or Parking Enforcement Specialist at the
scene of a tow, the vehicle requires special weather protection, it will be so noted on the
vehicle storage receipt, and the Permittee shall be required to cover the vehicle
completely with a weatherproof material and, accordingly, shall be allowed to charge
the sum of fifty cents ($.50) per day for this service.
If a request for a tow involves the removal of a vehicle or boat which is located
underwater, the Permittee shall provide underwater divers to handle the hook-up of
such vehicle or boat. Underwater recovery salvage divers must be SCUBA certified.
For every diver, duty time shall be computed from the time of arrival at the scene to the
time the vehicle or boat is rigged and hoisted to dry land.
14. DELAYS
Permittee shall respond to requests for tows within twenty (20) minutes of receipt
of the request. In the event that Permittee cannot respond within twenty (20) minutes, it
shall notify the requesting City party of the estimated time of delay and the reasons
thereof, and the City shall have the option, at its sole discretion, to cancel the request
and contact another Permittee, without cost and/or other liability to the Permittee to
which the initial request for tow was directed.
15. REMOVAL OF HAZARDS
Upon arrival at the scene of a tow, Permittee's tow truck operator shall promptly
remove any hazards or debris from the public right of way prior to proceeding to
impound the vehicle.
Zo
16. IMPROPER TOWS
An MBPD supervisor or Parking Enforcement supervisor may request
Permittee's tow truck operator to release a vehicle that has been engaged (but not
removed from the scene of the tow) should the impoundment of the vehicle be deemed
improper by said supervisor. The release of the vehicle shall be authorized in writing by
such supervisor by signing in the indicated section of the tow slip. The supervisor's
decision shall be final and the tow truck operator shall proceed and comply with the
release. The City shall be responsible for payment of the towing fees for an improper
tow.
Any vehicle released pursuant to an improper tow under this Section 15 shall be
towed to any location the owner or driver requests within the limits of Miami-Dade
County, at mileage rates in accordance with the published rates. In instances where a
vehicle has been improperly towed and such vehicle belongs to a disabled operator,
Permittee shall deliver said vehicle to the original scene of the tow or to such other
location within the City (as directed by the City) and the City shall pay the towing fees.
17. IMPOUND REPORTS/OWNER NOTIFICATION
When the City requests a vehicle to be towed, an inventory and written record of
all personal property found in the vehicle before the vehicle is removed by Permittee will
be prepared. The MBPD officer or Parking Enforcement Specialist on the scene of the
tow will be responsible for obtaining the information required for the vehicle storage
receipt. Permittee shall not remove a vehicle from the scene of a tow without a copy of
a vehicle storage receipt.
Permittee shall be solely responsible for ensuring that an impounded vehicle
remains in the same condition and retains the same equipment at the time of release
that it had at the time it was impounded. The Permittee shall also be solely responsible
for any article(s) of value left in the vehicle and listed on the vehicle storage receipt.
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The Permittee shall replace any equipment and/or article(s) of value upon verification of
the loss by the City Manager or his designee.
Permittee shall be responsible for notifying the registered owner of the vehicle, or
lien holder, via certified mail, return receipt requested, of the whereabouts of the vehicle
within twenty four (24) hours of impoundment. If, at the time of impounding, the name
and address of the registered owner or lien holder is not readily available, Permittee
shall notify the City Manager or his authorized designee, in writing, and the City shall
use reasonable efforts to provide this information to Permittee within five (5) working
days from the first date of storage of the vehicle. Upon receipt of the name and address
of the registered vehicle owner or lien holder, Permittee shall notify the party(ies) of the
whereabouts of the vehicle, certified mail return receipt requested. The notice(s) shall
be sent within seven (7) days from the first date of storage (or within seven (7) days
from Permittee's receipt of the information from the City). Telephone notice shall also
be given whenever possible.
Notwithstanding the preceding paragraph, if the state of registration is unknown,
the Permittee shall utilize best efforts in notifying the registered owner or lien holder of
the whereabouts of the impounded vehicle, within a reasonable period of time from the
first date of storage. At a minimum, "best efforts" means that Permittee has performed
the following due diligence to establish the state of registration:
1. check of vehicle for any type of tag, tag record, temporary tag, or regular
tag;
2. check of law enforcement report for tag number or an out-of-state address
indicated from drivers license information (if the vehicle was towed at the
request of a law enforcement officer);
3. check of trip sheet or tow ticket of tow truck operator to see if a tag was on
vehicle at beginning of tow (if private tow);
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4. check of vehicle for inspection sticker or other stickers and decals that
may indicate a state of possible registration; and
5. check of the interior of the vehicle for any papers that may be in the glove
box, trunk, or other areas for a state of registration.
The Permittee shall maintain a separate log of vehicles in which the owner or lien
holder cannot be determined, which log shall be kept at Permittee's principal place of
business, and which shall list the date and time of the tow, location towed from, total
towing and storage charges, and best efforts made to notify the owner or lien holder.
18. VIEWING OF IMPOUNDED VEHICLES
Permittee shall allow the registered owner of an impounded vehicle, or the
registered owner's authorized representative (including, without limitation, an insurance
representative), upon producing proper identification, to view and inspect the vehicle
within a reasonable time upon his/her arrival at Permittee's storage facility, and before
payment of any charges. The vehicle owner (or authorized representative) shall be
permitted to remove any personal possessions from the vehicle that are not affixed to
the vehicle (including telephones, tapes, tools, etc.) and the Permittee shall reasonably
assist the owner (or authorized representative) in doing so. The vehicle owner (or
authorized representative) shall acknowledge receipt of all personal property on a form
provided by Permittee.
19. VEHICLE RELEASES
Permittee shall release an impounded vehicle to the registered vehicle owner (or
authorized representative) upon payment of the appropriate fee(s), and no later than
thirty (30) minutes from receipt of such payment. The Permittee shall release any
vehicle except a vehicle that has been marked as a "police hold".
A person or persons who make application for the release of a vehicle shall be
required to produce proof that he/she (or they) are either the registered owner of the
vehicle or, in cases where release is not to the owner(s), that he/she or they have been
23
designated as the owner's legally authorized representative. For a registered owner(s)
sufficient proof may be demonstrated by presentation of the vehicle title or registration
and photo identification. For legally authorized representatives of the owner(s), proof of
agency shall be required which may include, without limitation, a written permission fully
executed by the authorized owner(s), a duly executed power of attorney, such other
written documentation evidencing that the person claiming release of the vehicle is
authorized to do so by the owner(s). A photo ID will also be required. A photocopy of
the documentation and of the photo ID used for the vehicle release shall be attached to
the copy of the vehicle storage receipt (such copies shall be clearly legible/identifiable).
Notwithstanding the preceding, or any other term or condition of the Permit,
Permittee shall be solely responsible for whatever means and methods, as it deems
necessary to ensure and ascertain that a vehicle has been released to the registered
owner(s) or a duly authorized representative of the owner(s) and the City shall have no
liability, whether to Permittee, the vehicle owner(s), or any other third parties, as a result
of an improper or erroneous release of a vehicle by Permittee.
All vehicles that have not been claimed shall be disposed of according to
applicable law(s). Permittee will be required, within three (3) days after a sale or, if a
title is surrendered for payment, to submit a detailed listing of the vehicle identification
number, tow receipt number, police case number (if applicable), year, make, model of
vehicle, monies received, and the purchaser's name, address and local telephone
number.
In the event that a vehicle is "junked," Permittee shall provide the City with a
copy of the certificate of destruction (as required by State law). This copy shall be
attached to the copy of the vehicle storage receipt. In the release section of the vehicle
storage receipt, information shall be recorded as to the name, address, and local
telephone number of the person or company that takes possession.
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In cases where the registered owner(s) of the vehicle relinquishes all claims to
the vehicle and transfers ownership of the vehicle to Permittee, Permittee shall not
charge a fee for services rendered.
Permittee shall notify the City Manager or his designee of all abandoned/
unclaimed vehicles prior to such vehicles being slated for auction. All vehicles slated
for auction must first be approved in writing by the City Manager or his designee. The
City shall have the right to bid on such vehicles, and may obtain title upon payment of
towing and storage charges, provided there are no other bidders. The City Manager
shall designate an MBPD representative to track the vehicle auctions and make the
appropriate bidding on behalf of the City.
20. EMERGENCY TOWING OF CITY VEHICLES
Permittee shall provide emergency towing services for City vehicles at no charge
to the City. Each Permittee shall provide such services for one month at a time, on a
rotating basis. This service is designed to remove and secure vehicles owned by the
City which become disabled. Such emergency service is limited to Miami-Dade and
Broward Counties.
Permittee may receive requests for emergency towing of City vehicles from the
City Manager or his authorized designee, who will provide Permittee with the following
information:
1. location of the vehicle, with the nearest street address;
2. make, year, model and tag number of the City vehicle, together with all
information available as to the condition of the vehicle; and
3. name of the City employee operating the vehicle.
The Permittee shall tow and return a disabled City vehicle to the Mechanical
Maintenance Garage at 140 MacArthur Causeway. Disabled MBPD vehicles may, at
the instruction of the police officer operating the vehicle, be towed to the Miami Beach
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Police Station at 1100 Washington Avenue (instead of the Mechanical Maintenance
Garage).
21. ABANDONED VEHICLES
Permittee shall remove abandoned vehicles on public streets, highways, right of
ways, and other City or publicly owned property, upon request of the City Manager or
his authorized designee. For purposes of this section, the term "vehicle" shall include,
without limitation, automobiles, trucks, truck bodies, and house trailers (including
vehicles which may be partly or entirely dismantled, or consist of only a major portion of
the body or framework).
An MBPD officer or a City Parking Enforcement Specialist shall issue and affix
stickers on abandoned vehicles. After a minimum of two (2) days, if the vehicle is not
removed, it may be towed at the request of the City. However, vehicles parked where
parking is prohibited, or so as to be a hazard or obstruction to traffic, may be towed
immediately.
Notwithstanding the preceding paragraph, vehicles properly parked in one of the
City's Residential Parking Permit Districts and displaying a valid Residential Parking
Decal shall not be regarded as abandoned.
Permittee shall notify, by certified letter return receipt requested, the registered
vehicle owner or lien holder, advising of the vehicle location, and that the vehicle must
be claimed within thirty-five (35) days (including full payment of towing, storage, and
any other charges).
Abandoned vehicles may be stored at Permittee's storage facility or at a salvage
company.
Permittee shall pay the City twenty dollars ($20.00) per tow for every abandoned
vehicle that Permittee tows.
Permittee shall assume and be solely responsible for, and shall fully defend,
indemnify and hold the City, its officers, employees, agents, contractors, and servants,
26
harmless from and against all claims and demands by any and all parties whatsoever
for violation of Section 713.78(5), Florida State Statutes (as same may be amended
from time to time). The Permittee shall pay all judgments obtained by reason of a
violation of Section 713.78, Florida Statutes, as specified in suit or suits against the
City, including all legal costs, court expenses and attorney fees, and other like
expenses. Permittee shall have the right to join in the defense of such suits.
22. MAXIMUM ALLOWABLE RATES
The City Commission shall establish the maximum rates for towing, removal, and
storage services provided under the Permit. The Permittee shall not charge in excess
of the following maximum allowable rates established by the City (as same may be
amended from time to time):
A. The first eight (8) hours of storage shall be without charge. Thereafter the
following storage rates shall apply per day:
(1) Inside-Interior
(a) Motorcycles or Scooters $12.00
(b) Any vehicle less than 20 $30.00
feet in length and 8 feet in width
(c) Any vehicle over 20 feet in length $40.00
(2) Outside-Exterior
(a) Motorcycles or Scooters $10.00
(b) Any vehicle less than 20 $25.00
feet in length and 8 feet in width
(c) Any vehicle over 20 feet in length $30.00
(3) Boat and Trailer (Owner's Unit)
(a) Unit under 20 feet in length $20.00
(b) Unit 21 feet to 35 feet in length $35.00
(c) Unit over 35 feet in length $45.00
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B. Tow Rate Class "A" Tow Truck and
Class "A" Car Carrier, including:
1. First 30 minutes at the scene
2. Unlocking door
3. Dropping/hooking up linkage
4. Wheel lift equipment
5. Use of Dolly
C. Class "B" Tow Truck including:
1. First 30 minutes at the scene
2. Unlocking door
3. Dropping/hooking up linkage
4. Under reach equipment
D. Class "C" Tow Truck including:
1. First 30 minutes at the scene
2. Unlocking door
3. Dropping/hooking up linkage
4. Removal of air dams, shafts, or axles
5. Air hookup
6. Under reach equipment
E. Tow Rate Class "D" Tow Truck, including:
1. First 30 minutes at the scene
2. Unlocking door
3. Dropping/hooking up linkage
4. Removal of air dams, shafts, or axles
5. Air hookup
6. Under reach equipment
F. Tow Rate Class "B" or "C" Car Carrier
$115.00
$145.00
$175.00
$200.00
$125.00
2s
including:
1. First 30 minutes at the scene
2. Unlocking door
3. Dropping/hooking up linkage
G. Use of Contractor's Boat Trailer, any length,
including storage, per day:
1. Trailer up to 18 feet in length
2. Trailer 18 to 30 feet in length
3. Trailer over 30 feet in length
H. Special and additional charges
$ 50.00
$ 75.00
$150.00
1. Extra labor or extra waiting time $16.50 per hour
after the first 30 minutes at the scene and prorated
after the 1st hour in 15 minute increments.
2. Mileage charges:
3. Administrative fee:
4. Dollies or Flatbed Services:
5. Labor to Engage/Tow:
This is not an automatic
fee and may only be imposed
when access to enter vehicle is
required to properly engage/tow
vehicle.
$5.00 per mile; maximum
of $35.00 per tow.
$30.00 maximum per tow.
$35.00 per job.
$25
I. Road Service. Jump start, delivery of gas, door opening, tire change
when there is no tow ...............$ 20.00.
J. Cost of any waiting time or extra labor (i.e., "retrieving", special handling)
accomplished within thirty (30) minutes of arrival at the scene of a tow shall be included
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in the base tow rate. If, and only if, such waiting time or extra labor consumes more
than thirty (30) minutes, an extra waiting time or extra labor charge, per fifteen (15)
minutes or any fraction thereof, may be assessed (commencing thirty (30) minutes after
arrival at the scene). Any extra waiting time or extra labor charge authorization should
be made by the MBPD officer or Parking Enforcement Specialist on the scene,
whenever possible, and shall be so indicated in writing on the vehicle storage receipt.
K. A maximum administrative charge, not exceeding $30.00 (and not as an
automatic "add-on", but only when required to comply with Florida Statutes), may be
imposed by Permittee for administrative services such as processing of paperwork,
clerical work, or title research. "Administrative charges" are defined as costs associated
with verification of a vehicle identification number; search of vehicle for ownership
information; preparation of paperwork required by Florida Statutes; preparation and
mailing of the notification letter(s); and preparation of vehicle for auction (including
notification to owner or lien holder). Administrative charges shall not be imposed on
vehicles with a "police hold" until or unless the hold is removed. Storage for City
(confiscated) vehicles with "police holds" is free of charge to the City.
23. RESPONSIBILITY FOR PAYMENT
The vehicle owner (or legally authorized representative) of the vehicle shall be
responsible for payment of charges imposed by the Permittee, due upon vehicle
release.
The City shall not be responsible for any charges imposed for towing and
storage, or for securing payments due upon vehicle release.
Permittee shall accept the following as acceptable forms of payment: cash,
travelers checks, personal bank checks drawn on a bank in Miami-Dade, Broward, or
Monroe Counties, or credit cards. Permittee may require two (2) forms of identification,
one of which shall be a picture identification.
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Permittee shall install and continuously operate and maintain in good working
order at least one (1) automatic teller machine (ATM) on its premises.
24. WAIVER OF "DROP FEES"
Drop fees occur when a vehicle owner (or other legally authorized person in
control of the vehicle) arrives on the scene of a tow, prior to removal of the vehicle from
the scene, and the vehicle has been engaged (hooked) by the tow truck, but has not
left the scene. Although Florida law and Section 106-261 of the City Code allows
Permittee to assess a "drop fee" (of not more than 50% of the posted towing rates),
effective February 1, 2009, and continuing throughout the Permit term, Permittee
hereby agrees to voluntarily waive any and all drop fees for registered vehicle owners
or other legally authorized person in control of the vehicle arriving at the scene prior to
the removal or towing of the vehicle. The provisions of this section shall not apply
where a vehicle has a "police hold".
25. REPORTS AND FILES
The Permittee shall maintain the following records at its principal place of
business within the City:
A. Permittee shall provide standardized, printed, sequentially numbered, City
designed invoice forms listing the nature of the work performed by it for tows. An
invoice shall be made for each and every vehicle towed.
Permittee shall keep on file for three (3) years from the expiration of the permit,
copies of all paid invoices, together with vehicle storage receipts, and any and all
impound logs (filed sequentially by MBPD case number or Parking Department
sequentially numbered forms) during the Permit term. These records shall be
subject to inspection by the City or its authorized representatives during regular
business hours.
B. Standardized, printed, sequentially numbered vehicle storage receipts
(yellow and goldenrod copies) for each and every vehicle towed by authority of
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the City, indicating reason for impoundment, vehicle description, date and time
towed, location towed from and to, date and time released, proof of ownership
notification, and all itemized charges.
Once the release occurs, the yellow copy is to be returned to the City with
information including name, address, and telephone number of the individual to
whom the vehicle was released (This information must appear legibly on both the
yellow and goldenrod copies). The goldenrod copy will be retained by Permittee.
These files will be maintained sequentially according to the MBPD or Parking
Department case number.
C. A log of all calls for service by the MBPD and/or Parking Department on a
weekly basis.
D. An Impound/Notification Log indicating, at a minimum, date, time and
method of notification to the registered owner of an impounded vehicle.
E. A log indicating vehicles to be auctioned, date of auction, name and
address of owner and lien holder, and date contacted.
F. A log indicating vehicles sold at auction, date auction notice was
published, proceeds of auction, and distribution of proceeds.
G. Permittee shall keep on file for three (3) years from the expiration of the
permit, copies of all paid invoices, together with vehicle storage receipts, and any
and all impound logs (filed sequentially by MBPD case number or Parking
Department sequentially numbered forms) during the Permit term. These
records shall be subject to inspection by the City or its authorized representatives
during regular business hours.
All of Permittee's files, records, and logs shall be available for inspection by the
City Manager or his authorized representatives during regular business hours.
Permittee shall make available adequate work space including, but not limited to, a
table and chair, for City representatives inspecting records.
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26. FORWARDING REPORTS TO POLICE DEPARTMENT, PARKING
DEPARTMENT AND THE CITY MANAGER'S OFFICE
The Permittee shall be solely responsible for forwarding to the following reports
to the MBPD, Parking Department, and the City Manager's Office, by 3:00 P.M. of each
Friday during the Permit term:
A. Copies of all vehicle storage receipts for vehicles released the previous
week, together with copy of completed numbered invoice for each vehicle.
B. Original log of all calls for service by the on a weekly basis.
C. Original log of all vehicles with police holds in the custody of Permittee.
D. Original impound/notification Log for previous week.
E. Original log completed prior to vehicle auctions.
F. Copy of public notice of auction (10 days prior to auction).
G. Original log completed immediately following auction.
All copies shall be legible. Originals shall be provided, upon request by the City
Manager or his designee.
27. INSPECTIONS AND AUDITS
Permittee agrees that all of its records, equipment, personnel, office and storage
facilities will be subject to periodic inspection and audits by the City Manager or his
authorized representative(s) and, in the case of inspection checks, without the need for
prior notice to Permittee.
28. ETHICS AND CONDUCT
The Permittee shall conduct its business in an orderly, ethical, and business-like
manner at all times, and shall use every means to obtain and keep the confidence of
the public. All public contact shall be in a courteous and orderly manner.
29. COMPLAINTS AND DISPUTES
It is the sole responsibility of Permittee to address customer service issues in a
polite, courteous, and respectful manner, regardless of the comportment of the
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complainant. Clearly, verbal or physical abuse is unacceptable and police assistance
should be sought if a particular conflict escalates.
Any complaints received by the City concerning a violation by Permittee of Article
V, Division 2, Sections 106-211 through 106-255 of the City Code, or these
Administrative Rules and Regulations (including, without limitation, misconduct,
excessive charges, poor business practices, damage to vehicles, etc.), shall be referred
to the City's Chief of Police or to the City's Parking Director for investigation (depending
on which City department originated the tow). The respective department shall use
reasonable efforts to notify Permittee (whether verbally or in writing) of any such
complaints (including the specific nature thereof) within five (5) business days from
receipt of the complaint. The Permittee shall provide written explanation and
information with respect to the particular complaint, within five (5) business days from
notice by the City. Permittee's response shall include identification of any proposed
resolution(s) and corrective measure(s) to be taken.
A written disposition of the complaint will be forwarded to the Permittee (and
complainant) upon completion of the City's investigation. The City Manager reserves
the right, in his sole discretion, to require Permittee to refund all or any portion of the
towing fees to a complainant, as liquidated damages, should the City rule in favor of the
complainant.
If there have been three (3) or more substantiated complaints filed with the City
within a ninety (90) day period during the Permit term, the City Manager may suspend
the Permit for a period of up to thirty (30) days, with no reduction in the Permit fee.
30. "HOW'S MY DRIVING?" PROGRAM
Effective March 1, 2009, and thereafter throughout the Permit term, Permittee
shall be required to establish and continuously operate a tow truck driver safety
improvement program, through an independent third party source that will establish a
telephone contact and a-mail contact for receipt of complaints regarding unsafe tow
34
truck operator driving throughout the City, which will be addressed by the Permittee to
the satisfaction of the City Manager. Each vehicle will prominently display contact
information for the public to report issues relating to the tow truck operator's driving.
Upon request of the City Manager, Permittee shall provide a report from the
independent third party source identifying any and all complaints lodged against the
Permittee; investigations conducted by the Permittee; and corrective actions taken by
the Permittee to the satisfaction of the City Manager. Prior to implementation, the
aforestated Program shall be reviewed and approved by the City Manager, which
approval shall not be unreasonably withheld. Any changes to the approved Program
shall also be subject to the prior written approval of the City Manager.
31. CUSTOMER SERVICE/INFORMATION ITEMS AND MATERIALS:
It is the City's intent to ensure the highest levels of customer service are provide
to its residents, visitors, and tourists. To this end, all of Permittee's employees, agents
contractors, or servants that may have contact with customers with the general public
must attend and participate in the City's Towing and Customer Contact Training. This
training will specifically address customer relations training, including diffusing
situations, demeanor/body language, and conflict resolution. All of Permittee's
employees, agents, contractors or servants that have contact with customers or with the
general public will be required to attend this training twice annually (every six months)
throughout the term of the Permit. Permittee will further develop and issue
informational materials providing answers to frequently asked questions, such as rates,
directions/location of storage lots, and contact information.
32. CITIZENS BILL OF RIGHTS FOR TOWING -Effective March 1, 2009, and
thereafter throughout the Permit term, Permittee shall establish and continually operate
and maintain a bilingual informational campaign, advising a vehicle owner who has
been towed of his/her rights and important related information, including tow rates,
methods of payment, and complaint contact information. Prior to implementation, the
35
aforestated campaign shall be reviewed and approved by the City Manager, which
approval shall not be unreasonably withheld. Any changes to the approved campaign
shall also require the prior written approval of the City Manager. Following approval of
the Towing Bill of Rights by the City Manager, Permittee shall post notice on all of its
service vehicles, identifying to the availability of a copy of the full Citizen's Bill of Rights
to the general public, as well as advising the public of the "no drop fee" provision in
Section 24. The notice on the vehicle shall be displayed in a prominent place on the
vehicle and clearly visible and legible, in letters at least two (2") inches high.
33. EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION POLICY
In connection with the performance of work/services under this Permit, Permittee shall
not discriminate against any employee or applicant for employment because of race,
color, religion, ancestry, sex, age, national origin, place of birth, marital status, sexual
orientation, or physical handicap. Permittee shall take affirmative action to ensure that
employees are treated during their employment without regard to their race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or
sexual orientation.
Permittee must complete and submit the City's Disability Non-Discrimination
Affidavit (Affidavit). In the event Permittee fails to execute the City's Affidavit, or is
found to be in non-compliance with the provisions of the Affidavit, the City may impose
such sanctions as it may determine to be appropriate, including but not limited to,
withholding assignment of tows to Permittee under the Permit until compliance, and/or
cancellation, termination, or suspension of the Permit. In the event the City cancels or
terminates the Permit pursuant to this Section, Permittee shall not be relieved of liability
to the City for damages sustained by the City by virtue of Permittee's breach.
34. ASSIGNMENT
Permittees shall not assign, transfer, convey, sublet or otherwise dispose of this
Permit, or of any or all of its rights, title or interest therein, or its or its power to execute
36
such permit, to any person, company or corporation without the prior written consent of
the City Commission.
35. CHANGES IN RULES AND REGULATIONS
Any amendment to these Administrative Rules and Regulations shall be subject
to the prior written recommendation of the City Manager and, thereafter, approval of the
City Commission. Any changes in the schedule of Maximum Allowable Rates shall
also be subject to the prior recommendation of the City Manager and, City Commission
approval; provided however, that any change in the Maximum Allowable Rates
requested by Permittee shall only be considered by the City on/or about October 1St of
each year during the Permit term.
36. CITY CODE AND ADMINISTRATIVE RULES AND REGULATIONS
INCORPORATED BY REFERENCE INTO PERMIT
The Permit shall incorporate by reference (as if fully set forth therein) Article V,
Division 2, Sections 106-211 through 106-255 of the Miami Beach City Code, and these
Administrative Rules and Regulations, as same (respectively) may be hereinafter
amended from time to time, and compliance therewith shall be binding upon Permittee
and required as a condition of the Permit.
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