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