2009-26999 ResoRESOLUTION NO. 2009-26999
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING AND APPROVING
(FOLLOWING THE EXPIRATION OF THE INITIAL TERM ON FEBRUARY 28,
2009) MONTH TO MONTH EXTENSIONS OF THE TOWING PERMITS WITH
BEACH TOWING SERVICES, INC. AND TREMONT TOWING SERVICES,
INC., RESPECTIVELY, SUBJECT TO AND CONTINGENT UPON BEACH
TOWING AND TREMONT TOWING'S COMPLIANCE WITH THE
ADDITIONAL CONDITIONS SET FORTH IN THIS RESOLUTION; SAID
EXTENSIONS COMMENCING ON MARCH 1, 2009, AND EXPIRING NO
LATER THAN AUGUST 31, 2009; AND FURTHER APPROVING
AMENDMENT NO. 14 TO THE ADMINISTRATIVE RULES AND
REGULATIONS FOR THE POLICE DEPARTMENT AND PARKING
DEPARTMENT TOWING PERMITS.
WHEREAS, Chapter 106, Article V, of the Miami Beach City Code, provides for
the issuance by the City of towing permits for the towing of vehicles identified by the
City as requiring removal from public and private property; and
WHEREAS, vehicle impoundments are a necessary tool for both the Police and
Parking Department in order to properly manage traffic and parking throughout the City;
and
WHEREAS, on January 11, 2006, the Mayor and Commission waived (by 5/7cns
vote) the competitive bidding requirement and approved towing permits with Beach
Towing Services, Inc., and Tremont Towing Services, Inc., respectively; said permits
having an initial three (3) year term, commencing on March 1, 2006, and expiring on
February 28, 2009, with a two (2) year renewal option, at the sole and absolute
discretion of the City; and
WHEREAS, the Neighborhoods/Community Affairs Committee (NCAC) and the
Finance and Citywide Projects Committee (FCPC) held discussions, at their respective
meetings on October 22, 2008, and January 8, 2009, and recommended that, following
the expiration of the initial term of the towing permits on February 28, 2009, a month to
month extension of the permits with both towing service providers be approved, subject
to and contingent upon the conditions set forth in this Resolution; and
WHEREAS, both Beach Towing Services and Tremont Towing Services have agreed to
all of the subject conditions set forth herein; and
WHEREAS, additionally the Administration also recommends that the Mayor and City
Commission also approve Amendment No. 14 to the Administrative Rules and
Regulations for the Police Department and Parking Department Towing Permits.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby resolve as follows:
(A) The Mayor and City Commission hereby authorize and approve following
expiration of the initial term on February 28, 2009, month to month extensions of the
towing permits with Beach Towing Services, Inc. and Tremont Towing Services, Inc.,
respectively, subject to and contingent upon Beach Towing and Tremont Towing's
compliance with the following additional conditions:
1. Extension Term -The month to month extension of the current towing
permits with Beach Towing and Tremont Towing (hereinafter referred to
individually as a "Permittee," and collectively as "Permittees") shall not
exceed six (6) months, commencing on March 1, 2009, and expiring no
later than August 31, 2009.
2. Noise Mitigation -Permittee agrees to remove any public announcement
(PA) systems on its premises so as to eliminate and/or reduce noise to
the surrounding neighborhood.
3. Security -Permittee shall be required to hire off-duty police officers on the
premises on Fridays, Saturdays, Sundays, Holidays, and during all major
events in the City. Major events are herein defined as those events
identified in the City's Major Event Planning (MEP). In the event that the
City's Police Department is unable to fulfill these off-duty needs, Permittee
shall be required to contract off-duty police officers from other
jurisdictions.
4. Traffic Mitigation -All vehicle loading shall only be conducted on
Permittee's premises. The use of a forklift or similar device shall be strictly
prohibited on any City right-of-way.
5. Implementation of "How's my driving?" Program -Within thirty (30) days
from adoption of this Resolution, the Permittee shall establish 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 truck operators driving
throughout the City, and which complaints will be addressed by the
Permittee to the reasonable 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, each Permittee must 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. Prior to implementation, the aforestated
program shall be reviewed and approved by the City Manager, which
approval shall not be unreasonably withheld.
6. Implementation of Citizens Bill of Rights for Towing -Within thirty (30)
days from adoption of this Resolution, the Permittee shall establish 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 aforestated campaign shall be reviewed and
approved by the City Manager, which approval shall not be unreasonably
withheld.
7. Waiver of "Drop Fees" -Drop fees occur when a vehicle owner arrives on
the scene of a tow and the vehicle has been engaged (hooked) by the tow
truck, but has not left the scene. Although Florida law 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 term (and any
extensions thereto) of the permit, Permittee hereby agrees to voluntarily
waive any and all drop fees for registered vehicle owners only.
(B) The Mayor and City Committion further approve Amendment No. 14 to the
Administrative Rules and Regulations for the Police and Parking Department Towing
Permits.
PASSED AND ADOPTED this 28th day of January , 2009
MAYOR
Matti Herrera Bower
ATTEST:
CITY CLERK
Robert Parcher
T:\AG EN DA2009\jan282009\consent\Towpermitamend 14. res. DOC
APPROVED AS TO
FORM & LANGUAGE