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Resolution 2020-31507 RESOLUTION NO. 2020-31507 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE ADMINISTRATION TO WORK WITH THE CITY ATTORNEY'S OFFICE TO DEVELOP A COMPETITIVE SOLICITATION FOR THE ISSUANCE OF TOWING PERMITS PURSUANT TO CHAPTER 106 OF THE CITY CODE, FOR TOWING SERVICES FOR THE CITY'S POLICE DEPARTMENT AND PARKING DEPARTMENT, WITH THE FINAL PROPOSED COMPETITIVE SOLICITATION SUBJECT TO THE PRIOR APPROVAL OF THE CITY COMMISSION; FURTHER, DIRECTING THE ADMINISTRATION TO EVALUATE THE OCTOBER 19, 2020 COMMENTS AND RECOMMENDATIONS MADE BY MIAMI BEACH UNITED WITH RESPECT TO TOWING SERVICES, AND TO IDENTIFY RECOMMENDATIONS FOR ENHANCING COMPETITION, INCLUDING, WITHOUT LIMITATION, AN ANALYSIS OF: (1) PROPERTIES THAT MAY BE POTENTIAL CANDIDATES FOR "ON-SITE" STORAGE OF IMPOUNDED VEHICLES WITHIN, AND OUTSIDE, THE CITY, PROVIDED, HOWEVER, THAT TOWED VEHICLES MUST BE STORED OR IMPOUNDED WITHIN THE CONFINES OF THE CITY DURING THE FIRST 48 HOURS AFTER BEING TOWED, AS REQUIRED BY THE CITY CODE; (2) MEASURES TO IMPROVE CUSTOMER SERVICE AND TRANSPARENCY, INCLUDING WHETHER TOWING COMPANY PERSONNEL SHOULD BE REQUIRED TO WEAR BODY CAMERAS; (3) LOGISTICAL OR OPERATIONAL ISSUES ASSOCIATED WITH THE CITY DIRECTLY PERFORMING TOWING FUNCTIONS WITHIN THE CITY, SHOULD THE CITY ELECT TO DO SO; AND (4) PROPOSED AMENDMENTS TO THE CITY CODE AND/OR THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE DEPARTMENT AND PARKING DEPARTMENT TOWING PERMITS, WHICH MAY BE REQUIRED TO ENHANCE COMPETITION BEYOND THE EXISTING TWO PERMITTEES; AND FURTHER DIRECTING THE ADMINISTRATION TO CONDUCT PUBLIC OUTREACH, SUCH AS THROUGH A "VIRTUAL" TOWN HALL OR SIMILAR EVENT, TO OBTAIN PUBLIC INPUT AND COMMENT ON THE FOREGOING MATTERS, PRIOR TO THE CITY COMMISSION'S CONSIDERATION OF THE PROPOSED COMPETITIVE SOLICITATION. WHEREAS, Chapter 106 of the City of Miami Beach 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 the City's Police Department and Parking Department, in order to property manage traffic and parking throughout the City; and WHEREAS, since at least 1996 — for nearly twenty-five (25) years -- the City Commission has repeatedly waived competitive bidding requirements, in order to issue towing permits to the City's two existing towing service providers; and WHEREAS, the Mayor and City Commission strive to foster competition in all aspects of City's operations, not only to improve efficiencies and levels of service, but to ensure that the City's decision-making is grounded in good governance principles and that the award of lucrative permits, contracts or franchises are made in a transparent manner; and WHEREAS, on or about October 19, 2020, Miami Beach United adopted a resolution, a copy of which is attached as an exhibit to this Resolution, urging the City Commission to consider specific recommendations to promote competition for towing services, secure better rates and enhance customer service for residents and visitors of the City; and WHEREAS, at the November 18, 2020 City Commission meeting, the Mayor and City Commission will consider yet another extension of the existing towing permits, on a month-to-month basis, for the City's two existing towing service providers; and WHEREAS, the Mayor and City Commission desire to authorize the Administration and the City Attorney's Office to develop a competitive solicitation for the issuance of towing permits, with the final proposed competitive solicitation subject to review and approval by the City Commission; and WHEREAS, as part of the drafting of the competitive solicitation, the City Commission requests that the Administration evaluate the October 19, 2020 comments and recommendations made by Miami Beach United, and identify recommendations for enhancing competition, including, without limitation, an analysis of: (1) properties that may be potential candidates for "on-site" storage of impounded vehicles within, and outside, the City, provided, however, that towed vehicles must be stored or impounded within the confines of the City during the first 48 hours after being towed, as required by the City Code; (2) measures to improve customer service and transparency, including whether towing company personnel should be required to wear body cameras; (3) logistical or operational issues associated with the City directly performing towing functions within the City, should the City elect to do so; and (4) proposed amendments to the City Code and/or the Administrative Rules and Regulations for Police Department and Parking Department towing permits, which may be required to enhance competition, including expanding the number of towing service providers, beyond the existing two permittees; and WHEREAS, the City Commission further desires for the Administration to conduct public outreach, such as through a "virtual" Town Hall or similar event, to obtain public 2 input and comment on the foregoing matters, prior to the City Commission's consideration of the proposed competitive solicitation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission hereby direct the Administration to work with the City Attorney's Office to develop a competitive solicitation for the issuance of towing permits pursuant to Chapter 106 of the City Code, for towing services for the City's Police Department and Parking Department, with the final proposed competitive solicitation subject to the prior approval of the City Commission; further, direct the Administration to evaluate the October 19, 2020 comments and recommendations made by Miami Beach United relating to towing services, and to identify recommendations for enhancing competition, including, without limitation, an analysis of: (1) properties that may be potential candidates for "on-site" storage of impounded vehicles within, and outside, the City, provided, however, that towed vehicles must be stored or impounded within the confines of the City during the first 48 hours after being towed, as required by the City Code; (2) measures to improve customer service and transparency, including whether towing company personnel should be required to wear body cameras; (3) logistical or operational issues associated with the City directly performing towing functions within the City, should the City elect to do so; and (4) proposed amendments to the City Code and/or the Administrative Rules and Regulations for Police Department and Parking Department towing permits which may be required to enhance competition beyond the existing two permittees; and further directing the Administration to conduct public outreach, such as through a "virtual" Town Hall or similar event, to obtain public input and comment on the foregoing matters, prior to the City Commission's consideration of the proposed competitive solicitation. PASSED AND ADOPTED this 18th day of November, 2020. ATTEST: Dan Gelber, Mayor 2�I Zct-e Rafa I E. Granado, C ty Clerk APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION (Sponsored by Commissioner David Richardson) %11Z,4/ .ow i-� City Attorney Ove Date 3 Miami Beach United Tow Permit Resolution October 19, 2020 Purpose: Miami Beach United recommends the revision of the City of Miami Beach tow permit to ensure transparency and fairness by allowing for an RFP process that promotes competition, better rates and enhanced customer service for residents of and visitors to the City of Miami Beach. Background: The tow companies have been operating on a month to month basis since 2018. The Commission has been waiting for an independent audit to complete before the new contract is created. The Inspector General audit was released September 2020. MBU recommends the following: Contract Section #/Service Suggested revision Reason/Argument Description 12 C - Employees of Permittee - Require drug testing of drivers - Ensures safety of residents and upon request. And require vehicles random drug testing. 22 A to 22K-Maximum - Eliminate add-on fees and - Fee should be fair and allowable rates apply a fixed flat fee for all transparent non-consent tows - Add-on fees are not properly - Remove these existing documented and can add-on fees: $6 per mile, $35 sometimes double the actual Administration, $30 labor, $30 tow charge. Labor after 30 minutes, $30 - Add-on fees, although after hours, $30 Notification, deemed as NOT automatic, $10 over 20' length, $40 are applied across the board flatbed to all tows. - Several add-on fees are duplicated (IG report agrees). - Several add-on fees are supposed to be service included in the base rate (IG report agrees). 22 A - Storage Fee - First 8 hours after the - There is no way to verity if the completion of the tow: no vehicle was stored indoors or charge. outdoors, and since the - Following 24 hours or any part owner has no say in this thereof is charged per day. decision it's not fair to assess a - Thereafter, for each charge for a choice made by additional 24 hours or any the towing company. part thereof is charged per day. - Omit distinction between indoor/outdoor storage charges - Eliminate the extra charge for towing of motorcycle/scooter 22 M - Miami Beach Resident - Require resident discount of - Currently, resident discount is Discount 50%for public AND private for public tow only tow - Require automatic discount instead of resident having to ask for it. - Post discount amount in Towing Bill of Rights. - State discount dollar amount in tow permit. 23 - Responsibility for Payment - Require that permittee - An affidavit signed by the accept credit/debit card as a customer acknowledging the method of payment. expense and agreeing not to protest the charge with their bank could be mandated for all credit/debit card transactions. - Cash transactions are difficult to track and/or audit. 29 - Complaints and Disputes - Change from 180 days to 90 - Vendor violations count only days when there are (3) vendor complaints within 180 days, that's an excessive amount of time and should be changed to 90 days instead. 30 - "How's my driving?" - Require a "How's my driving?" - To ensure public safety and Program sign on all tow trucks that oversight of tow drivers. includes the tow truck# and - It is common practice for city complaint telephone# many commercial vehicles and should be applied to tow companies due to the nature of the work they perform (towing large/heavy vehicles) 24 - Drop fee waiver - Make the drop fee waiver a - The drop fee should be a requirement instead of just a consistent waiver and not an vendor courtesy arbitrary waiver decided upon by each individual tow driver. 29 - Complaints and Disputes - Prohibit elected officials from - Elected officials should not requesting cancellation of have this power as it tow fees for any individual becomes a perk to dangle before constituents. And it is a conflict of interest in that elected official becomes indebted to the vendor. RFP Process - A RFP allows for more - Put out a RFP for towing competition,erne}better rates, services increased revenue to city - Allow primary vehicle storage (now only$30 per public tow). outside Miami Beach - Storage requirement in MB, coupled with the high cost of land, makel this requirement a barrier to entry for any other potential tow company. - Cars stored in Miami can be delivered to Miami Beach by the tow company itself. Maybe even delivered to customer's home Automated Vehicle Locators - Require Automated Vehicle - This would ensure that the (AVL) Locators (AVL) on all tow entire time the owner's car is trucks with the data collected in possession of the tow to be a public record company, it is accounted for. - Photo evidence of the hook up and drop should also be provided for every tow - This will ensure that the car is immediately taken to the storage lot and that all documentation on mileage fees, time in procession, storage location, etc. is all properly documented with proof from the AVL system Website tracking - Provide website that displays - Since this is public record all the city (when submitted to the city) tows/locations/times/costs data in real time should be etc. made available for transparency. Photo Evidence of Infraction - For public tow (aka police - This allows adequate time tow), require photo evidence ticket cured. Unless vehicle is of infraction. Adequate time blocking travel lane, blocking ticketed to cure. fire hydrant, illegal in handicap spot, or resident parking permit holder calls in unable to find a parking spot it should receive a ticket not a tow. Require Signed Authorization - For private tow, require a - This would create more of a signed authorization from the complaint driven process and owner of the lot eliminate much of the spotters that prey on unsuspecting owners. - Greater accountability and documentation of each and every tow is essential to making sure that these businesses operate with an enhanced level of customer service. Criminal Background Checks - Require that a local and - Currently, the contract reads national criminal background "provide upon request". And check be provided to the city only requires a local check. and the police department. Not only "upon request". 2020 MBU Board of Directors Officers Tanya K.Shaft.President Saul Gross,Treasurer Ron Starkman.Government Affairs Raquel Pacheco,Marketing Hortense De Castro.Recording Secretary Directors Ryan Barras Rhea D'Souza Gayle Durham Herb Frank Jorge Gonzalez Jack Johnson Adam Kravitz Sarah Leddick Scott Needeiman Kirk Paskal Sondra Stendel