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2009-26999 ResoRESOLUTION NO. zoos-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 5/7~'S 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 nationally recognized holidays and during all major events in the City. Major events are herein defined as those events identified in the City's Major Event Plan (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, if available. 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 (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 term (and any extensions thereto) of the permit, Permittee hereby agrees to voluntarily waive any and all drop fees, whether for vehicles towed on public property or private property 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. (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 28eh day of .Ianuary , 2009 MAYOR Plato Herrera Rower ATTEST: I CITY CLERK Robert Parcher APPROVED AS TO FORM 8 LANGUAGE 8 FOR €j(ECUTION T:IAGENDA20091jan282009\consentlTowpermitamend 14.res. DOC i ~~ ~ ~,~ ,3 j ~ eri may ~ ~_- COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and the City Clerk to execute month to month extensions not to exceed six (6) months and further approve Amendment No. 14 to the towing permits with Beach Towing Services, Inc. and Tremont Towing Services, Inc., commencing on March 1, 2009 and expiring August 31, 2009. Ke Intended Outcome Su orted: Maintain or Im rove Traffic Flow. Su ortin Data Surve s, Environmental Scan, etc. 74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. Availabili of arkin was one of the chan es residents identified to Make Miami Beach better to live, work or la . Issue: Should the Cit Commission a rove an extension and Amendment No. 14 to the Towin Permits? item summaryircecommenaation: The towing service providers Beach Towing and Tremont Towing, each currently have a permit issued by the City to provide towin~services to the Police and Parking Departments. On January 11, 2006, the Mayor and Commission waived by 5/7 vote the competitive bidding requirement and approved a three (3) year permit, with a two (2) year option for renewal, at the sole and absolute discretion of the City. Vehicle impoundments are a necessary tool for both the police and parking department in order to properly manage traffic and parking throughout the City. Over time, the City has received complaints regarding various nuisance issues including but not limited to tow truck driving complaints; noise; restrictive payment options, and general inquiries regarding complaint and appeal processes for towed vehicles. On October 22, 2008 and on January 28, 2009, the Neighborhoods/Community Affairs Committee and the Finance and Citywide Projects Committee; respectively, approved a month to mo nth extension not to exceed six (6) months and the following initiatives to be included in the 14~h Amendment to the Towing Permits as conditions for said extension. These conditions are as follows: (1) Permit Extension -A month to month extension of the current towing permits with both towing service providers that shall not exceed six months (February 1, 2009 to August 31, 2009); (2) Traffic Mitigation -All vehicle loading to be conducted off-street and specifically prohibits the use of a forklift or similar device to be used on any City right-of--way; (3) How's my driving? - A tow truck driver safety improvement initiative through an independent source that will establish a telephone contact and email contact for receipt of complaints regarding unsafe tow truck operator driving throughout the City which will be addressed by the towing service provider to the satisfaction of the City. Each vehicle will prominently display contact information to report issues relating to the tow truck operator's driving; (4) Waiver of Drop Fees -Drop fees occur when a driver arrives on the scene of a towed vehicle and it has been engaged (hooked) by the tow truck but has not left the scene. Florida law allows fora "drop fee" of no more than 50% of the posted towing rates. The towing service providers have agreed to fully waive any and all drop fees; (5) Citizens Bill of Rights for Towing -This is a bilingual informational campaign advising a vehicle's owner who has been towed of their rights and important related information, including tow rates, methods of payment, complaint contact information, and more; (6) Noise Mitigation - Elimination or reduction of activities that directly or indirectly lead to noises that create nuisances to the surrounding neighborhood. This includes removal of PA (public announcement) systems; and (7) Security- Off-Duty Police shall be required on Fridays, Saturdays, Sundays, Holidays, and during all major events in the City. Major events are defined as those events identified in the City's MEP (Major Event Planning). In the event that the City's Police Department is unable to fulfill these off-duty needs, the towing service provider is encouraged to contract other available police agencies. The Administration recommends that the Mayor and Commission approve the recommendation. Advisory Board Recommendation: The Neighborhoods and Community Affairs Committee and the Finance and Citywide Projects Committee approved the item at their regularly scheduled meetings on October 22, 2008 and January 8, 2009, respectively. Financial Information: Source of Amount Account Approved Funds: ~ ~~ 2 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Saul Frances, ext. 6483 Si n-Offs: De ment Director i t Cit Mana er Mana er SF TH JMG i :w~trvuHwua~~anuaryltszuVy~consent~TOwpern~mendl4.SUM.DOC / / / ~~, f ~ ~ 1.~ ~ ~ AkGENDA ITE(N _ g-O ~' } DnTE / a m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: January 28, 2009 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND APPROVING 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, AS 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. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The towing service providers Tremont Towing located at 1916 Bay Road, Miami Beach, Florida and Beach Towing, located at 1349 Dade Boulevard, Miami Beach, Florida, each currently have a permit issued by the City to provide towing services to the Police and Parking Departments. On November 20, 1996, the Mayor and City Commission waived, by a 5/7ths vote, the competitive bidding requirement, and approved an extension of the towing permits for a period of two years, to expire on November 30,1998. On November 18,1998, the Mayor and City Commission approved two (2) additional one (1) year options, to be renewed at the sole discretion of the City. The second one (1) year option expired on November 30, 2000. On October 18, 2000, the Mayor and City Commission waived, by a 5/7ths vote, the competitive bidding requirement, and approved a two (2) year contract, with three (3) one-year options, to be renewed at the sole discretion of the City. Subsequently, all renewal options were exercised. On January 11, 2006, the Mayor and Commission waived by 5/7th vote the competitive bidding requirement and approved a three (3) year agreement commencing on March 1, 2006 and expiring on February 28, 2009, with a two (2) year option for renewal, at the sole and absolute discretion of the City. Vehicle impoundments are a necessary tool for both the police and parking department in order to properly manage traffic and parking throughout the City. Over time, the City has received complaints regarding various nuisance issues including tow truck driving complaints; noise, restrictive payment options, and general inquiries regarding complaint and appeal processes for towed vehicles. January 28, 2009 City Commission Memorandum Towing Permit Amendment No. 14 Page 2 of 3 On October 22, 2008, the Neighborhoods/Community Affairs Committee (NCAC) and on January 8, 2009, the Finance and Citywide Projects Committee (FCPC) held respective discussion items where representatives from both Beach Towing Services and Tremont Towing Services were present and agreed to the following amendments to the towing permits. The FCPC approved an extension of both service providers' towing permits and included the following initiatives as conditions to the extension: 1. Month-to-Month Permit Extension - A month to month extension of the current towing permits with both towing service providers that shall not exceed six (6) months commencing on March 1, 2009, and expiring no later than August 31, 2009. 2. Noise Mitigation -Beach Towing and Tremont Towing (hereinafter referred to individually as a "Permittee," and collectively "Permittees") agree to remove any public announcement (PA) systems on their respective 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 otherjurisdictions. 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. "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 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, 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 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. 6. 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. January 28, 2009 City Commission Memorandum Towing Permit Amendment No. 14 Page 3 of 3 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) Permittee hereby agrees to voluntarily waive any and all drop fees for registered vehicle owners only. CONCLUSION The Administration recommends that the Mayor and Commission approve month to month extensions of the towing permits with Beach Towing Service and Tremont Towing Service, respectively, commencing on March 1, 2009 and expiring on August 31, 2009. In addition, as a condition of the month to month extension, an amendment to the towing permit rules and regulations incorporating the aforementioned conditions outlined as directed by both the Neighborhoods Committee on October 22, 2008 and the Finance and Citywide Projects Committee on January 8, 2009 are also recommended. T:WGENDA\2009\jan282009\Consent\towpermitamendl4.cme.doc 1. COMMUNICATION SYSTEM Beach Towing and/or Tremont Towing from here on referred to as Permittee shall provide its own two-way radio or approved alternate equivalent communication system. In addition it shall provide the Parking Department with a radio to communicate with its company. The communication system shall be between the Permittee's base station and service trucks utilized in providing towing service for the City. 2. STORAGE FACILITIES The 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 to assure maximum security for impounded vehicles. Permittee shall surround the storage facility with achain-link fence or solid wall type fence at least six (6) feet high. The storage facility shall be sufficiently illuminated to reveal persons and vehicles at a distance of at least 150 feet during nighttime. All vehicle keys shall be secured separately. The 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 from unauthorized persons. The City shall designate temporary storage if necessary where towing is required for special events. In the event all storage facilities of any Permittee are filled to capacity, the Permittee shall NOT be relieved of responsibility to perform and is required to make such arrangements for storage as will fulfill the requirements of the City. All storage space used, which is not listed in the original application, must meet the requirements of the permit. No storage space or area shall be used unless prior written approval is obtained from the Miami Beach Police Department or Parking Department. Storage must be within the City limits of Miami Beach for a minimum of seven (7) days, after which vehicles may be removed to a facility, meeting the requirements of the contract, outside the City limits of Miami Beach but within i Dade County, Florida. Any vehicles with a "police hold" or vehicles, which are recovered, stolen shall not be stored outside the city limits of Miami Beach. Permittee may not charge an additional towing fee for removal of any vehicle from the city limits of Miami Beach for storage. An owner claiming a vehicle stored outside the city limits of Miami Beach shall be given the option of free transportation to its vehicle or having its vehicle returned to the Permittee's Miami Beach storage facility without charge. Unless otherwise instructed by the City Manager or its designee, all vehicles towed at the request of a parking enforcement specialist or the police department is to be stored at the Permittee's storage facility. No storage charges shall be applicable for any vehicles, which, at the request of the City Manager or its designee, are stored at a City facility. The Permittee shall have a permanent on-premises office, which shall be staffed on a 24-hour basis by at least one employee or security guard. Permittee shall provide security on the premises in the form of one or more of the following: night watchman or dispatcher, dog, cameras, or security guard service. Permittee shall be reauired 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 reauired to contract off-duty police officers from other jurisdictions. Permittee agrees to remove any public announcement (PA) system on its premises, so as to eliminate and/or reduce noise to the surrounding neighborhood. 2.1 TOWS WITH POLICE HOLD Vehicles impounded with an evidence hold, investigative hold order, confiscations hold, or other "police hold" pursuant to Miami Beach Police Department instructions, may be stored for a period of up to five (5) working 2 days, excluding Saturday, Sunday and City of Miami Beach observed legal holidays, at no charge for regular storage for the first five (5) days or until the "police hold" is released, whichever occurs first. After that time, if the vehicle needs to be held (police hold) for a longer period of time, the Miami Beach Police Department may have the vehicle removed by the Permittee to a city storage facility (City of Miami Beach Police Department), without charge to the City. After the first five (5) days (excluding holidays and weekends) of storage are exhausted, the Miami Beach Police Department shall provide the Permittee written notification to continue the hold and either remove the vehicle or retain the vehicle at the Permittee lot. If the Permittee does not receive that written notification to continue the hold, the Permittee may release the vehicle to the owner/lien holder in accordance with FS 713.78. The Permittee shall notify the Miami Beach Police Department of an impending release of a vehicle with a police hold prior to releasing the vehicle to the owner. If the Miami Beach Police Department has the vehicle removed from the Permittee's lot, and the vehicle is subsequently released to the owner, the owner will be responsible for the initial tow and storage for the number of days the vehicle remained at the Permittee's lot. This will not include the tow to or from the City storage facility. However, if the Miami Beach Police Department chooses to have the vehicle remain at the Permittee's lot, the Miami Beach Police Department shall be responsible for any storage charges incurred after the initial five (5) days (excluding holidays and weekends). The towing and storage rates charged to an owner/lien holder shall not exceed the rates that would be charged to the Miami Beach Police Department. When the Miami Beach Police Department orders a vehicle involved in a criminal investigation to be towed to the police station, or a location other than the Permittee's lot, the towed vehicle may be released from such location to the owner/lien holder upon approval by a police supervisor. Under 3 this procedure, the Miami Beach Police Department agrees to pay for such tows so ordered. All Police Holds must include the following: 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. 7. The name, address, and phone number of the tow company storage facility. ALL VEHICLES SHALL BE STORED INSIDE THE DESIGNATED STORAGE FACILITY AT ALL TIMES. 2.2 In cases where a vehicle has a "police hold" pursuant to a violation of section 106-313 of the Code of the City of Miami Beach-the Vehicle Impoundment Ordinance-Permittee agrees to reduce removal, towing and storage charges when ordered by the City's special master in cases where the special master finds that the City did not establish probable cause at the preliminary or final hearing and/or when the special master determines the existence of a meritorious defense or financial hardship. In any case, Permittee shall receive a minimum of $20.00 for each vehicle removed pursuant to this violation. In accordance with paragraph 2.1, after the first five days of storage, or sooner (excluding Saturdays, Sundays and observed legal holidays), all vehicles impounded for a violation of the Vehicle Impoundment Ordinance shall also be removed by Permittee to the Police Department without charge. 4 3. STORAGE PROCEDURES FOR VEHICLES The Permittee shall provide storage for impounded vehicles in the outside enclosed area unless specific written instructions are given for inside storage by the impounding officer, or vehicle owner. If so required for proper processing for investigative purposes, the Permittee shall move the vehicles to a designated area within the City of Miami Beach for processing prior to storage, at no additional charge to the City of Miami Beach or to the vehicle owner. In any such instance, the City of Miami Beach and the Miami Beach Police Department shall not be held responsible for making sure that arrangements have been made for towing and storage prior to release of an impounded vehicle by the City or the Police Department. All such vehicles shall be first returned to the Permittee's property, and then only the fee for the original tow shall be charged. 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-w~. 4. PROTECTION OF IMPOUNDED VEHICLES AND PROPERTY FS 713.78 (7) ©requires that when the Miami Beach Police Department requests a vehicle to be removed from an accident scene, street, or highway, the department shall conduct an inventory and prepare a written record of all personal property found in the vehicle before the vehicle is removed by the Permittee. The Permittee shall assume total responsibility to ensure that an impounded vehicle shall remain in the same condition and retain the same equipment at time of release that it had at the time it was impounded. The Permittee shall also assume responsibility for any article(s) of value left in the vehicle and listed on the Vehicle Storage Receipt. The Permittee shall replace any equipment and/or article upon verification of the loss by the designated investigative agency representing the City of Miami Beach. If, at the option of the officer at the scene, the vehicle requires special weather protection, it will so note it on the Vehicle Storage Receipt, and the Permittee shall be required to s cover the vehicle completely with a weatherproof material and shall be allowed to charge the sum of fifty cents ($.50) per day for this service. 5. LOCATION CHANGES OF IMPOUNDED VEHICLES The Permittee shall not change the type of storage (inside and/or outside) or storage location without written approval of the Miami Beach Police Department P.M.U. (Property Management Unit) Supervisor or its authorized designee prior to any such change. 6. REQUEST FOR TOW SERVICE All requests for tow service and removal of traffic hazards shall be made by a parking enforcement specialist or through the Miami Beach Police Department. When more than one permit is in effect, the dispatching unit of either the Parking Department or the Police Department will assign each tow to Permittee on a rotating basis, alternating every tow. The Miami Beach Police Department reserves the right to cancel a request for services of a participating Permittee at any time including up to the time of hookup. The Permittee agrees that the mere response to a service call scene without other action does not constitute a service for which charges are applicable. Except in situations where a vehicle has a "police hold" per paragraph 2.1, if the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the removal or towing of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon payment of a reasonable service fee of not more than one half of the posted rate for such towing service for which a receipt shall be given, unless that person refuses to remove the vehicle which is otherwise illegally or unlawfully parked. In those situations where immediate removal of a legally parked vehicle is necessary in the interest of public safety due to a fire, storm, flood, crime scene, or other emergency reason and upon authorization of a commanding officer or supervisor of the Miami Beach Police 6 Department, the Permittee shall remove said vehicle to the nearest public parking area available at no cost to the City or to the owner of the vehicle. If a request for a tow, which involves the removal of a vehicle, or boat, which is located under water, is made by the Miami Beach Police Department, the tow company shall provide underwater divers to handle the hook-up of such vehicle or boat. 7. DELAYS The Permittee shall respond to requests for Police or Parking Department service through Miami Beach Police Department Communications Bureau within a reasonable period of time. The Permittee shall respond within twenty (20) minutes of receipt of request for service or notify the Police Communications Bureau of the estimated time of delay and the reasons thereof. In the event of delay the parking enforcement specialist or the Miami Beach Police Department retains the right to cancel such a request for service and to use the services of another Permittee. 8. ATTENDANT ON DUTY The Permittee shall make available on a 24-hour, 7-day a week basis attendants and equipment for the immediate response to calls for service from a parking enforcement specialist or from the police department. In addition, the Permittee shall make available adequate personnel to staff its facility 24-hours, 7-days a week for the purpose of dispatching calls and releasing towed vehicles to owners. 9. REMOVING HAZARDS After arrival at a scene, the tow truck operator shall remove any hazards or debris from the street and impound such vehicles as requested by the parking enforcement specialist or police officer. It is the duty of the parking enforcement specialist or the police officer on duty to determine when a vehicle should be impounded, and the tow truck operator shall abide by its decision. 10. IMPOUND REPORTS/OWNER NOTIFICATION The parking enforcement specialist or police officer on the scene will be responsible for obtaining the information required for the Vehicle Storage Receipt. The wrecker driver shall not remove a vehicle from the scene without a copy of the Storage Receipt. The Permittee shall be responsible for notifying the registered owner or their agents, and any lien holder, via certified mail, return receipt requested of the whereabouts of the vehicle within 24 hours of impoundment if all necessary information has been supplied on the Vehicle Storage Receipt. If, at the time of impounding, the name and address of the registered owner and lien holder, if any is not available, it shall be the responsibility of the Parking Department or the Police Department to provide this information to the Permittee upon request. The Permittee shall obtain such information from the Parking Department or from the Police Department within five (5) days from the date of storage and shall notify the registered owner or its agent, and any lien holder, of the location of the vehicle within seven (7) days, excluding Saturday and Sunday, from the date of storage. Notice shall be by certified mail, return receipt requested and shall be complete upon mailing. Telephone notice shall also be given when possible. If the state of registration is unknown, the Permittee shall make a good faith best effort in so notifying the owner and any lien holder, and such notice shall be given within a reasonable period of time from the date of storage. "Good faith best effort" means the following checks have been performed by the Permittee to establish prior state of registration and for title: 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, if the vehicle was towed at the request of a law enforcement officer. s 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. 4. If there is no address of the owner on the impound report, check of law enforcement report to see if an out-of-state address is indicated from driver license information. 5. Check of vehicle for inspection sticker or other stickers and decals that may indicate a state of possible registration. 6. 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 at place of business listing date, time and method of notification, location towed from, and total towing and storage charges. 11. VIEWING OF IMPOUNDED VEHICLES Permittee agrees to allow the registered owner of an impounded vehicle or the registered owner's agent or insurance representative, upon proper identification, to view said vehicle on the premises of Permitted. Permittee shall allow every vehicle owner or authorized representative to inspect the towed vehicle within a reasonable time upon his/her arrival at the storage facility and before payment of any charges. The vehicles owner or authorized representative shall be permitted to remove from the vehicle any and all personal possessions not affixed to the vehicle, including but not limited to telephones, tapes, tools, etc., and Permittee shall assist any vehicle's owner/agent in doing so. Vehicle owner/authorized representative shall acknowledge receipt of such property on a form provided by Permittee. 12. RELEASES The Permittee shall directly release any vehicle to its owner or custodian upon payment of appropriate fees due within thirty (30) minutes of payment. The Permittee shall directly release any vehicle that has not been marked "police 9 hold", provided the proper proof of identification and ownership is presented. Any vehicle towed, which is marked "police hold" must be released in accordance with the procedure set forth in paragraph 2.1 Permittee shall release any vehicle towed at the request of the Police Department P.M.U. (Property Management Unit) Supervisor or its designee only to the person whose name appears on the title or registration certificate as the registered owner of the vehicle, or to the authorized agent of such person. Persons who make application for the release of such a vehicle shall be required to produce proof of ownership by presentation of a title or registration and photo identification, and where applicable, proof of agency. A photocopy of the identification used for the release shall be attached to the yellow copy of the vehicle storage receipt. This information shall be clearly legible. All motor vehicles that have not been claimed must be disposed of according to state and county laws. The 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 of the vehicle, tow receipt number, police case number, year, make, model of vehicle, monies received, purchaser's name, address and local telephone number. In the event that the vehicle is "junked" the Permittee shall provide the Miami Beach Police Department with a copy of the certificate of destruction as required by state law. This copy shall be attached to the yellow 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 telephone number of the person or company that takes possession. In the case that the registered owner of the vehicle relinquishes all claims to the vehicle and transfers ownership of the vehicle to the Permittee, the Permittee may not charge a fee for services rendered. 12.1 All vehicles slated for auction must first be approved by the City Manager or its designee. io 12.2 When abandoned/unclaimed vehicles are auctioned by the Permittee, the City has the right to bid on such vehicles. In cases where abandoned/unclaimed vehicles are auctioned by the Permittee, the City has a right to bid on such vehicles and may obtain title to any such vehicle, provided there are no other bidders, upon payment of the towing and storage charges. The City shall designate a representative of the Miami Beach Police Department to track the auctions of abandoned/ unclaimed vehicles and make the appropriate bidding. Permittee shall notify the Miami Beach Police Department of all abandoned/ unclaimed vehicles prior to auction. 12.3 The Permittee shall not charge the City of Miami Beach any towing and storage charges associated with those abandoned/unclaimed vehicles of which the City chooses to take ownership per subsection 12.2 above. 12.4 A police supervisor or parking enforcement supervisor may request the Permittee to release a vehicle that has been engaged but not removed from the scene should the impoundment of the vehicle be deemed improper. The release of the vehicle shall be authorized by the agent of the city (police supervisor and/or parking enforcement supervisor) who, must sign in the indicated section of the tow slip authorizing the release of the vehicle at the scene. The City of Miami Beach Police or Parking Department shall pay the towing fees in an improper tow. 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 a location within the city and the City shall pay all applicable towing fees. 13. EQUIPMENT Ownership of required equipment as stated herein, is not required under this permit; however, legally binding signed agreements covering leasing or cooperative use of required equipment must be presented on demand of the City. Equipment leased or cooperatively used must be made available to the it Permittee on first priority and be so indicated in the agreements to be filed with the Miami Beach Police Department. When the Permittee sub-contracts, the Permittee is still responsible for meeting all of the requirements of these Rules and Regulations. Each Permittee shall have available the following types of equipment: 13.1 WRECKERS (TOW TRUCKS) All wreckers will be registered and shall have appropriate licenses to operate as wreckers. The Contractor's towing license number shall be displayed on the front of the vehicle in letters at least three (3) inches high. The company name (or name of Joint Venture) shall be displayed on the driver and passenger side of the vehicle in letters at least three (3) inches high. The company's address (or address of Joint Venture) and 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 of Miami Beach. The Proposer shall produce evidence of ownership or valid 1st party lease of the required number of Class "A", Class "B", Class "C", and slide back car carriers. Each Permittee shall maintain mobile equipment between its truck and base stations. All equipment shall be maintained in a state of readiness for response as delineated in this Contract and be for the sole use of the Contractor. The Proposer agrees to have no markings on either vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between the Contractor and the Miami Beach Police Department or Parking Department, Dade County, or any government agency. 13.2 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 12 (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 (2) Q) Dolly equipped (k) One (1) motorcycle sling (I) Four-way lug wrench (m) One (1) pair of jumper cables Class "A" Slide Back Car Carrier: (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 13 (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 % 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 (j) 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 14 (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 (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) % inch alloy safety chains Q) 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 is (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. 13.3 ADDITIONAL EQUIPMENT REQUIRED ON EACH VEHICLE (1) Two-way radio (2) Proper safety lights (3) Amber rotation dome light (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) Axe (12) Fire extinguisher 5 Ib. dry chemical Underwriter approved (13) First aid kit -minimum 16 units 14. REPORTS AND FILES The Permittee shall maintain, at its place of business, a file that will contain the following legible records: 14.1 A Vehicle Storage Receipt (yellow and goldenrod copies) of each impounded vehicle on its premises, proof of ownership notification and invoice of charges for all vehicles released. Once the release occurs, the yellow copy is to be returned to the requesting department with appropriate information including name, address, and telephone number of the individual to whom each vehicle was released. This information must appear legibly on both the yellow and goldenrod 16 copies. The golden rod copy will continue to be retained by Permittee. These files will be maintained sequentially according to the police case number or Parking Department number. 14.2 A log of all calls for service by the Police Department and Parking Department on a weekly basis. 14.3 An Impound/Notification Log indicating date, time and method of notification to the registered owner of an impounded vehicle, as well as other requested information, as specified in Section 10 "Impound Reports/Owner Notification." 14.4 A log indicating vehicles to be auctioned, date of auction, name and address of owner and lien holder, and date contacted. 14.5 A log indicating vehicles sold at auction, date auction notice was published, proceeds of auction and distribution of proceeds. 14.6 PARKING DEPARTMENT: Sequentially Numbered Vehicle Storage Receipts for each and every vehicle towed by authority of a Parking Enforcement Specialist, indicating vehicle description, date and time towed, location towed from and to, date and time released and itemized charges and reason for impoundment (i.e. Citation Number or Scoff Law case number). All files, records, and logs shall be available for inspection and checking during normal working hours by the Director of Parking, Chief of Police or designees. Permittee shall make available adequate work space including, but not limited to, a chair and a table, for City personnel inspecting records. 15. 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 motoring public. All public contact shall be in a courteous and orderly manner. The Permittee shall not divulge any information with respect to a towed vehicle when such vehicle has a "police hold" from the Miami Beach Police Department. i~ Anyone wishing to obtain information on a vehicle with a "police hold" shall be referred to the Miami Beach Police Department. 16. COMPLAINTS AND DISPUTES Permittee agrees that any complaints received by the City Manager or its designee; concerning a violation of the Administrative Rules and Regulations contained herein, including but not limited to, misconduct on the part of the Permittee, such as excessive charges, poor business practices, damage to vehicles, etc., shall be referred to the Office of the Chief of Police or Director of Parking, depending on which City department originated the tow, for investigation. The respective Department shall notify Permittee of any complaints within five (5) business days from receipt of the complaint. The Permittee shall provide any additional explanation or information with respect to the particular complaint within five (5) business days upon notification of the complaint. A written disposition of the complaint will be forwarded to the Permittee and complainant upon completion of the investigation. If there have been three or more substantiated complaints within ninety (90) days filed with the City of Miami Beach, the Chief of Police or the Parking Director may request the City Manager that Permittee's permit be suspended for a period of not more than thirty (30) days with no reduction in the permit fee, reassigning such work as may have been due the suspended Permittee to the remaining Permittee(s), in accordance with the procedures in Miami Beach City Code Section 44-61. "How's my drivinq?" Program -Within thirty (30) days from February 1 2009 Permittee_ shall establish a tow truck driver safety improvement Proqram through an independent third party source that will establish a telephone contact and e mail contact for receipt of complaints regarding unsafe tow truck operator drivinq throughout the Citv, which will be addressed by the Permittee to the satisfaction of the Citv Manaaer. Each vehicle will prominently display contact information for the public to report issues relating to the tow truck operator's drivinq Upon is 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 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. 16.1 CUSTOMER SERVICE/INFORMATION ITEMS AND MATERIALS: Employees of the towing operators represent the City in their role as service provider. The towing industry is a challenging one from a customer relations standpoint. Nevertheless, it is our (City's and service provider's) responsibility to ensure the highest levels of customer service are provide to our residents, visitors, and tourists. To this end, all employees of the towing service providers that may have contact with customers and/or the general public must attend and participate in the City's TACC (Towing and Customer Contact) Training. This training session will specifically address customer relations training, including diffusing situations, demeanor/body language, and conflict resolution. All employees of the service providers that have customer contact will be required to attend this training twice annually (every six months). The towing operators will further develop and issue informational materials providing answers to frequently asked questions, such as rates, directions/location of storage lots, and contact information. 16.2 COMPLAINTS/SANCTIONS: It is the responsibility of the service provider to address customer service issues in a polite, courteous, and respectful manner, regardless of the comportment of the complainant. Clearly, verbal or physical abuse is unacceptable and police 19 assistance should be sought if a conflict escalates. The towing service providers shall provide written responses to complaints within five (5) business days of receipt. Responses should include identification of the complaint(s)/issue(s), proposed resolution(s), and corrective measures for the future. The City reserves the right, in its sole discretion, to have the service provider refund all or any. portion of the towing fees to the complainant, as liquidated damages, should the City rule in favor of the complainant. Citizens Bill of Rights for Towing -Within thirty (30) days from February 1 2009 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 Citv Manager, which approval shall not be unreasonably withheld. 17. EMPLOYEES OF PERMITTEE A copy of each employee's Driver License shall also be kept on file by Permittee and made available to authorized members of the Miami Beach Police Department. The Permittee (owners of the company or the officers of the company, if a corporation) shall be responsible, except as otherwise prohibited by law, for the acts of their employees while on duty. 18. UNDERWATER RECOVERY SALVAGE DIVERS 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 property is rigged and hoisted to dry land. 19. COMPETENCY OF APPLICANTS Pre-permit inspection of the existing or proposed facilities will be made after the submission of application. Applications shall be considered only from firms ao experienced in the towing business, and who can produce evidence that they have an established and satisfactory record of performance and have available the required equipment location, size and site and organization sufficient to ensure that they can properly execute the services required: 19.1 To receive consideration, applicant must identify a base of operation and an auto pound located within the City of Miami Beach. 19.2 Applicant must have all necessary County and local licenses and permits as may be required to operate the type of requisite business. 19.3 The applicant is presumed to be familiar with all laws, ordinances, rules and regulations that may, in any way, affect the work. Ignorance on the part of the applicant will in no way relieve it from responsibility. 20. ADDITIONAL REQUIREMENTS 20.1 Permittee shall provide standardized, printed, sequentially numbered, City designed invoice forms listing the nature of the work performed by it, for the exclusive use of police tows or Parking Department tows. An invoice shall be made for each and every vehicle towed. 20.2 Permittee shall keep on file for three (3) years copies of all paid invoices, together with Vehicle Storage Receipts and any and all impound logs filed sequentially by police case number or Parking Department sequentially numbered forms. These records shall be subject to inspection by the Chief of Police, the Director of Parking, or their representatives during normal business hours. 20.3 Permittee must post aCity-approved sign indicating charges authorized 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 lettering, with contrasting background, permanently and prominently posted in the area where the charges are paid to the Permittee. The area(s) accessible to the public must be well lighted, with provisions to 21 accommodate seating for members of the public retrieving vehicles from the Permittee. 20.4 Permittee shall comply with all written procedures as issued from time to time by the Parking Department, jointly with the Police Department, which will facilitate the release of towed and/or impounded vehicles to the owner. 20.5 Permittee must maintain all storage (pound) and office facilities in a manner commensurate with all applicable regulations, ordinances, rules, and other laws governing the operation of same. 20.6 Permittee shall use such security measures as necessary to prevent theft, vandalism, stripping and dismantling of parts from vehicles in all storage areas used under this permit. 21. MAXIMUM ALLOWABLE RATES The City of Miami Beach shall establish maximum rates for providing towing, removal and storage services for wrecked or disabled vehicles removed from accident scenes, and non-consensual removal of vehicles from public streets and public areas within the City of Miami Beach. The Permittee shall not charge in excess of the maximum rates established by the City of Miami Beach, as these may be altered, revised, increased, or decreased from time to time. 21.1 MAXIMUM STORAGE RATES PERMITTED UNDER THIS PERMIT: 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 22 (3) 21.2 A. B. C D (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 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 Tow Rate Class "A" Tow Truck and Clas s "A" Car Carrier, including: $115.00 1. First 30 minutes at the scene 2. Unlocking door 3. Dropping/hooking up linkage 4. Wheel lift equipment 5. Use of Dolly Class "B" Tow Truck including: 1. First 30 minutes at the scene $145.00 2. Unlocking door 3. Dropping/hooking up linkage 4. Under reach equipment Class "C" Tow Truck including: 1. First 30 minutes at the scene $175.00 2. Unlocking door 3. Dropping/hooking up linkage 4. Removal of air dams, shafts, or axles 5. Air hookup 6. Under reach equipment Tow Rate Class "D" Tow Truck, including: 1. First 30 minutes at the scene $200.00 23 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 "B" or "C" Car Carrier $125.00 including: 1. First 30 minutes at the scene 2. Unlocking door 3. Dropping/hooking up linkage F. Use of Contractor's Boat Trailer, any length, including storage, per day: 1. Trailer up to 18 feet in length $ 50.00 2. Trailer 18 to 30 feet in length $ 75.00 3. Trailer over 30 feet in length $150.00 G. Special and additional charges 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: $5.00 per mile; maximum of $35.00 per tow. 3. Administrative fee: $30.00 maximum per tow. 4. Dollies or Flatbed Services: $35.00 per job. 5. Labor to Engage/Tow: $25 This is not an automatic fee and may only be imposed when access to enter vehicle is 24 required to properly engage/tow vehicle. Waiting time and extra labor: Cost of any waiting time or extra labor (i.e., "retrieving", special handling) accomplished within thirty (30) minutes of arrival at the scene shall be included 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 by the Contractor commencing thirty (30) minutes after arrival at the scene. The Contractor agrees that any extra waiting time or extra labor charge authorization should be made by the officer on the scene, whenever possible, and so indicated in writing on the vehicle storage receipt. No charges may be imposed other than those specified in the contract rate structure except as follows: A maximum charge not exceeding $30.00 (not as an automatic "add-on", but only when required to comply by Florida Statutes) may be imposed by the Contractor for administrative services, processing of paperwork, clerical work or title research. Administrative charges refer to and include verification of Public Vehicle Identification Number; search of vehicle for ownership information; preparation of paperwork required by Florida Statute; preparation and mailing of the notification letter(s); and preparation of vehicle for auction, including notification to owner and/or lien holder as the case may be. These administrative charges shall not be imposed on vehicles with a "police hold" until or unless the hold is removed and such administrative services become applicable. Except in situations where a vehicle has a police hold, if the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the removal of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon payment of a 25 reasonable service fee of not more than one half of the posted rate for such towing service for which a receipt shall be given, unless that person refuses to remove the vehicle which is otherwise illegally or unlawfully parked. NOTE: STORAGE FOR CITY (CONFISCATED) VEHICLES WITH POLICE HOLDS IS FREE OF CHARGE TO THE CITY. 23.1 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 (or any extensions thereto) of the Permit, Permittee hereby agrees to voluntarily waive any and all drop fees for registered vehicle owners only. 22. ROAD SERVICE (to include jump start, delivery of gas, door opening, tire change when there is no tow ...............$ 20.00 23. RESPONSIBILITY FOR PAYMENT The motor vehicle owner or legally authorized representative is responsible for payment of charges imposed by the Permittee in accordance with the permit rate schedule. 23.1 The City of Miami Beach, Parking Department and the Police Department shall not be responsible for any charges imposed for towing and storage, or for securing payments due Permittee upon vehicle release authorized by the City of Miami Beach, Parking Department or and the Police Department. 23.2 Permittee shall accept the following as acceptable forms of payment for authorized charges: cash, travelers checks, personal bank checks drawn on a bank in Dade, Broward, or Monroe Counties, Florida, or credit cards. The 26 Permittee of vehicle operators recovering vehicles may require two forms of identification, one of which shall be a picture identification. 23.3 Permittee shall install ATM (Automatic Teller Machines) on premises. 24. FORWARDING REPORTS TO POLICE DEPARTMENT AND THE CITY MANAGER'S OFFICE The Permittee shall be responsible for forwarding to the Police Department, Parking Department, and the City Manager's Office by 3:00 P.M. each Friday the following: 24.1 Copies of all Vehicle Storage Receipts for vehicles released the previous week, together with copy of completed numbered invoice for each vehicle. 24.2 Original log of all calls for service by the Police Department or Parking Department on a weekly basis. 24.3 Original log of all vehicles with police holds in the custody of the Permittee. 24.4 Original Impound/Notification Log for previous week. 24.5 Original log completed prior to vehicle auctions. 24.6 Copy of Public Notice of auction (10 days prior to auction). 24.7 Original log completed immediately following auction. All copies shall be legible, and original forms provided as requested. 25. QUALIFICATION OF APPLICANT Each applicant may be required before the issuance of a permit, to show to the complete satisfaction of the City Manager, or its designee that he/she has the necessary facilities, ability, and financial resources to furnish the services as specified herein in a satisfactory manner, and he/she may also be required to show past history and references which will enable the City Manager or its designee to satisfy itself as to its qualifications. Failure to qualify according to the foregoing requirements will justify the City Manager in rejecting its application. 27 26. ASSIGNMENT The successful Permittee(s) 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 such permit to any person, company or corporation without prior written consent of the City. 27. RELATION OF CITY It is the intent of the parties hereto that the Permittee shall be legally considered as an independent Permittee and that neither he nor its employees shall, under any circumstances, be considered servants or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said Permittee, its servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 28. CHANGES IN RULES AND REGULATIONS If the City of Miami Beach and/or the Police Department deem it necessary to add, change, or delete Permit Rules and Regulations, it may be done through recommendation of the City Manager and approval of the City Commission. Changes in the Rate Schedule requested by the Permittee may be done through Commission Amendment, on/or about October 1 each year. Thirty 30 days prior written notice of such request must be given to the City of Miami Beach Parking Department and the Police Department. 29. INSPECTIONS AND AUDITS The Permittee agrees that all the records, equipment, personnel, office and storage facilities will be subject to periodic checks and audits by properly designated representatives of the City of Miami Beach, without prior notice by the City of Miami Beach. as 30. PRINCIPALS/COLLUSION By submission of an application, the applicant does declare that the only person or persons interested in this permit as principal or principals is named therein and that no person other than therein mentioned has any interest in this permit and that this permit is made without connection with any person, company or parties making an application, and that it is in all respects, fair and in good faith, without collusion or fraud. 31. GENERAL TERMS 31.1 Any vehicle released at the scene by the Parking Department or Police Department shall be towed to any location the owner or driver requests within the limits of Dade County at mileage rates in accordance with the published rates. 31.2 The Permittee shall have no markings on its vehicles, building, or correspondence that indicates or tends to indicate any official relationship between the Permittee and the City of Miami Beach or any of its departments. 31.3 Nothing herein will prevent the owner of a vehicle from selecting its own tow service. 31.4 Permittee shall abide by all applicable State, County and Municipal Laws and regulations regarding impoundment and storage of vehicles. 32. EMERGENCY TOWING OF CITY OF MIAMI BEACH VEHICLES Each Permittee shall provide this service for one month at a time, on a rotating basis. This service is designed to remove and secure vehicles owned by the City of Miami Beach, which become disabled. Permittee shall be prompt in their response to City of Miami Beach calls. No charge will be made for towing City of Miami Beach vehicles. Emergency service is limited to Dade and Broward Counties. The Permittee may receive requests for this service from the City Manager or its designee (City of Miami Beach Police Department dispatcher, Parking 29 Department Dispatcher, or the Mechanical Maintenance Department dispatcher. In either case, the dispatcher will give the towing company 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. 3. Name of the City employee operating the vehicle. The Permittee shall tow and return the City vehicle to the Mechanical Maintenance Garage at 140 MacArthur Causeway. City of Miami Beach Police Department vehicles may, at the instruction of the Police Officer operating the vehicle, be towed to the Police Facility at 1100 Washington Avenue, instead of the Mechanical Maintenance Garage. 33. ABANDONED VEHICLES Only those abandoned vehicles on public property or public highways, streets, and right-of-ways shall be removed by the Towing Permit Holder (Permittee) as directed by the City of Miami Beach Chief of Police or its designee or by a Parking Enforcement Specialist. It is understood that the Permittee will provide all plant, labor, materials and equipment, and perform all the necessary work in the manner and form hereinafter provided to remove abandoned vehicles in the City. The term "vehicles" shall include, but is not limited to, automobiles, trucks, truck bodies, house trailers, etc. The abandoned vehicle may be partly or entirely dismantled or may consist of only a major portion of the body or framework. For the purpose of this Permit, a "unit" shall consist of the authorization, removal, and disposal of an abandoned vehicle. 1. The term "abandoned vehicle" shall refer only to those vehicles which are properly identified as such by the City Manager or its designee: Chief of 30 Police and/or Director of Parking. The Chief of Police or designee, or Director of Parking or designee will furnish the Permittee with a vehicle storage receipt. 2. The Miami Beach Police Department or a parking enforcement specialist issues and affixes 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 of Miami Beach. However, vehicles parked where parking is prohibited or so as to be a hazard or obstruction to traffic may be towed or impounded immediately. Notwithstanding the above, 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 or stored. 3. The Permittee shall notify by certified letter, sent to the registered owner and any lien holder, advising of vehicle location, and that the vehicle must be claimed within thirty-five (35) days and full payment made of accumulated towing and any other charges permitted under these regulations. However, when the City has followed the procedures set forth in Section 705.103, Florida Statutes, and amendments thereto the City may elect to dispose of the vehicle as provided in that Section and shall so notify the Permittee. 4. The vehicle may be stored at the Permittee's storage location or at the salvage company prior to final disposition of the vehicle in accordance with all applicable provisions of the Florida Statutes. 5. The Permittee shall pay the City twenty dollars ($20.00) per tow for every abandoned vehicle that the Permittee tows. 6. The Permittee shall assume and be responsible for, and shall defend, indemnify and hold harmless the City from and against all claims and 31 demands of all parties whatsoever for violation of Section 713.78(5), Florida State Statutes, which states, in part: "Any vehicle which is stored pursuant to subsection (2) and which remains unclaimed, or for which reasonable towing or storage charges remain unpaid, may be sold by the owner or operator of the storage space after thirty-five (35) days from the time the vehicle is stored therein". 34. 34.1 34.2 35. 7. 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; and the Permittee shall have the right to join in the defense of such suits. PERMIT FEE-MONTHLY BILLING The Permittee shall pay to the City a permit fee in the amount of $25.00 for each vehicle towed pursuant to this permit and $12.50 for each vehicle that is disconnected from the towing or removal apparatus. The City of Miami Beach shall bill the Permittee by the 10th of each month for all tows occurring in the previous month. A late charge of $50.00 plus eighteen percent (18%) per annum interest charges shall be assessed on all payments received after the 20th day of the billing month. Payments to the City shall be by check sent to the City of Miami Beach Finance Department (Revenue Section). Checks shall be clearly marked "Police Tow" or "Parking Department Tow" on the City Invoice Remittance Sections. INSURANCE REQUIREMENTS FOR POLICE TOWING See Insurance Check List for applicability to this Permit. a. The Permittee shall be responsible for its work and every part thereof, and for all materials, tools, appliances, and property of every description, used in connection with this particular project. He shall specifically and distinctly 32 assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the Permit or in connection with the work. It is understood and agreed that at all times the Permittee is acting as an independent contractor. b. The Permittee, at all times during the full duration of work under this Permit, including extra work in connection with this project, shall meet the following requirements: i. Workers' Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. ii. Commercial General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the Permittee in the interest 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. Automobile Liability Insurance, including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. iii. Any additional coverages required by the Risk Manager as indicated on the Insurance Check List. iv. Name the City of Miami Beach as an additional ensured on all liability policies required by the City. When naming the City of Miami Beach as an additional insured onto said policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. v. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. 33 vi. 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. vii. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with, and approved by, the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the Permittee must submit updated certificates of insurance for as long a period as any work is still in progress. viii. It is understood and agreed that all policies of insurance provided by the Permittee are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed with this Permit. c. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The Permittee hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $300,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $300,000.00 for each occurrence, as per the insurance requirement under the specifications, including costs of investigation, all expenses of litigation, including reasonable attorney's fees and the cost of appeals arising out of any such claims or suits because of any and all acts or omissions or commission of any negligent acts by the Permittee, its agents, servants, or employees, or through the mere existence of the project covered by the Permit. The foregoing indemnity agreement shall apply to any and all 34 claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction." i. The Permittee will notify its insurance agent, without delay, of the existence of the Hold Harmless Agreement contained within this Permit and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. ii. The Permittee will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach, under the Hold Harmless Agreement, from any and all claims arising out of this contractual (Permit) operation. d. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this Permit unless approved by the City's Risk Manager. e. The Permittee will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the Permittee and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Permittee and all subcontractors of their liabilities and obligations under any section or provision of this Permit. Permittee shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by it. f. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at 35 any time during the contract term, the City shall have the right to cancel the Permit and justify the termination thereof. g. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. 36. EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION POLICY In connection with the performance of this Agreement, the 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, or physical handicap. The Provider shall take affirmative action to ensure that applicants are employed and 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. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. Permittee agrees to adhere to and be governed by all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The American with Disabilities Act of 1990 (ADA) Pub.L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.S.C. Section 794. 36 The Federal Transit Act, as amended: 49 U.S.C. Section 1612. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3633. 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 Agreement until compliance and/or cancellation, termination, or suspension of the Agreement, in whole or in part. In the event the City cancels or terminates the Agreement pursuant to this Section, Permittee shall not be relieved of liability to the City for damages sustained by the City by virtue of Provider's breach of the Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 37 Page 1 of 3 De Pinedo, Naima From: Frances, Saul Sent: Thursday, January 22, 2009 3:45 PM To: De Pinedo, Naima Subject: Fw: Resolution Related to Towing Permit Pls print. Thanks! Saul Frances, Director City of Miami Beach Parking Department 309-23rd Street, Suite 200 Miami Beach, Florida 33139 305.673.7000 ext. 6483 305.673.7853 (fax) saulfrances@miamibeachfl.gov From: Frances, Saul To: 'randrade.beachtowing@gmail.com' Cc: 'CityManager@miamibeachfl.gov' ; Aguila, Raul; 'beachtowing@gmail.com' Sent: Thu Jan 22 14:53:15 2009 Subject: Re: Resolution Related to Towing Permit Dear Mr. Andrade: After reviewing the tapes of the meeting, the following is in response to your points. In regards to your suggested language, the availability of off-duty police will certainly be taken into consideration as long as reasonable attempts are made and corroborated by the Permittee to contract off-duty police from either the City or another jurisdiction. The addition of "if available" is in my opinion superfluous. In regards to the traffic study, again, I reviewed the tapes and the direction from the FCPC specifically stated that the traffic mitigation would be developed and agreed upon between the City and Permittee and further states, all loading activities shall take place off-street; therefore, all loading activities, including forklift use must take place off-street and not on City right-of-way. Thus, the specific language regarding loading activities and forklift use. We can certainly develop and agree upon additional traffic mitigation strategies. I would respectfully request that you reconsider and accept the language as submitted. Please advise at your earliest convenience. We appreciate your time. Regards, Saul Frances, Director City of Miami Beach Parking Department 309-23rd Street, Suite 200 Miami Beach, Florida 33139 305.673.7000 ext. 6483 305.673.7853 (fax) saulfrances@miamibeachfl.gov 1 /22/2009 Page 2 of 3 From: Rafael E. Andrade To: Frances, Saul Cc: City Manager's mailbox; Aguila, Raul; beachtowing@gmail.com Sent: Thu Jan 22 12:16:30 2009 Subject: Resolution Related to Towing Permit Deaz Mr. Frances: With regard to the last sentence in Pazagraph (A)3 of the attached resolution, please note that at the January 8, 2009 Finance and Citywide Projects Committee ("FCPC") meeting, there was no discussion regarding the "requirement" of contracting with off-duty police officers from other jurisdictions. This mandatory language is problematic because we have no control over the availability of off-duty police officers. Accordingly, it is respectfully requested that this sentence be deleted in its entirety, or, in the alternative, that it be modified from "Permittee shall be required to contract off-duty police officers from other jurisdictions" to "Permittee shall be required to contract off-duty police officers from other jurisdictions, if available." Also, with regard to the last sentence in Paragraph (A)4 of the attached resolution, please note that at the January 8, 2009 FCPC meeting, the committee elected to conduct a traffic study prior to recommending any action related to the use of forklifts on a City right-of--way. To our knowledge, this study has not commenced or been completed. Accordingly, it is respectfully requested that this sentence be deleted in its entirety until such time as the traffic study has been completed and the results presented to the FCPC and/or City Manager for further discussion. For your convenience and review, a copy of the audio recording of the January 12, 2009 FCPC meeting will be hand-delivered to your office this afternoon. You can also contact Ramon Suarez to obtain a copy at (305) 673-7000 Ext. 6355 or RamonSuazez(a~miamibeachfl.gov. The relevant discussion related to Pazagraph (A)4 can be found in the last 5 minutes of the recording. In closing, if you have any questions or comments, please feel free to contact me at your earliest convenience. Best Regards, Rafael E. Andrade Beach Towing Services, Inc. 1349 Dade Boulevazd Miami Beach, F133139 Tel: (305) 534-2128 Cell: (305) 216-2028 Fax: (305) 534-6328 1 /22/2009 Page 1 of 2 De Pinedo, Naima From: Frances, Saul Sent: Thursday, January 22, 2009 3:45 PM To: De Pinedo, Naima Subject: Fw: Tremont Towing Pls print. Thanks! Saul Frances, Director City of Miami Beach Parking Department 309-23rd Street, Suite 200 Miami Beach, Florida 33139 305.673.7000 ext. 6483 305.673.7853 (fax) saulfrances@miamibeachfl.gov From: Kasdin, Neisen To: Frances, Saul Cc: Tremont Towing ;Diaz, Jose Sent: Thu Jan 22 14:49:12 2009 Subject: Tremont Towing Saul, Tremont is in receipt of the proposed towing resolution that was sent by your office on January 16, 2009. As you know, Tremont Towing, Inc. ("Tremont") is a family owned business. They have always prided themselves in running a legitimate and responsive operation. In the spirit of cooperation, they have made many concessions throughout the years to continue our successful relationship with the City of Miami Beach. On October 22, 2008, Tremont agreed to several additional amendments that impacted not only the way they ran our business, but also the way they generate profits. The waiving of weekend storage fees is, in and of itself, a large financial burden. Additionally, the removal of their ability to charge "drop fees" during these difficult economic times has an estimated financial impact of $50,000 per year. [1]. Tremont can live with these prior amendments and several of the other new proposals, but feel that the requirement of weekend off-duty security detail is too great a financial burden. During the January 8, 2009 meeting of the City's Finance and Citywide Projects Committee (the "Committee"), a blanket proposal that was drafted by a single neighbor, was adopted by the Committee. At that same meeting, Tremont's representatives testified that requiring off-duty security detail would be unduly burdensome and that Tremont hoped that it would be reconsidered. The current proposal states that Tremont must have anoff--duty officer on "Fridays, Saturdays, Sunday, Holidays, and during all major events in the City." Since the proposal does not state the amount of hours per day that the off- duty officers would be required to work, Tremont assumed that it would be a twelve (12) hour shift. While they agree to having off-duty officers during holidays and major events, which is actually more expensive per hour than during other days of the year, they feel that the weekend requirement is unnecessary. It is their understanding that the Towing Bill of Rights will inform towees that only the registered owner of the automobile can retrieve their vehicle. This alone will significantly drop the amount of complaints and arguments on Tremont's premises. At $35 per hour and 36 hours per 1 /22/2009 Page 2 of 2 weekend, this small change will cost Tremont over a $65,500 per year. Therefore, Tremont proposes the following amendment: "SECURITY - Permittee shall be required to hire Off-Duty police officers on the premises from 8:00 p.m. to 8:00 a.m. on 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." I hope that the City understands that Tremont is trying to be as cooperative as possible in a fiscally difficult time. They have begun implementing all those conditions that were already agreed to and look forward to continuing to work with the City in implementing the new requirements. Neisen Neisen O. Kasdin Shareholder Akerman Senterfitt One Southeast Third Avenue 25th Floor Miami, Florida 33131-1714 www.akerman.com neisen.kasdin@akerman.com 305-982-5629 tel. 305-374-5095 fax nterfitt s=vuW~£.3 z' sq- www.akerman.com I Bio I VCard CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you aze hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we aze required to advise you that, unless expressly stated otherwise, any U. S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, mazketing or recommending to another party any transaction or matter addressed in this a-mail or attachment. 1 /22/2009