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Resolution 86-18709 RESOLUTION NO. 86-18709 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RULES AND REGULATIONS GOVERNING POLICE TOWING PERMITS AS REFERENCED IN SECTION 44-53 OF THE CITY CODE OF THE CITY OF MIAMI BEACH. WHEREAS, the Police Department has requested a revision in the Rules and Regulations to bring them more into line with Florida Statutes and to improve reporting and record keeping procedures; and WHEREAS, the City Commission of the City of Miami Beach has determined that it is in the best interests of the City to revise the governing rules and regulations of police vehicle towing. The amended Rules and Regulations are attached hereto and are made a part hereof . NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to amend the Rules and Regulations governing police towing permits as referenced in section 44-53 of the City Code of the City of Miami Beach. PASSED and ADOPTED this 17th day of December 1986 . /a`---2°67MAYOR ATTEST: CITY CLERK LEGAL FORM APPROVED: .Jouvaiecumil Dated: MLB/lcd . . . eete, Neaoste Fead :`PMS 8fgc'+ FLORIDA 3 3 1 3 9 f�f tis '*iINCOi9 " L'ACA TIUa'LAU.;�U S. A. � ' OFFICE OF THE CITY MANAGER ROB W.PARKINS CITY HALL CITY MANAGER 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO._ DATE:December 17, 1986 TO: Mayor Alex Dao • and /73 Members of t City Co., s !►/ FROM: Rob W. Parki ' City Manager SUBJECT: REVISIONS TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE TOWING PERMITS HISTO R Y Section -53 of the City Code of the City of Miami Beach established by Ordinance # 80-2222 provides that the City Manager shall promulgate such Rules and Regulations as may be necessary to govern the discharge of services required under this Article, subject to approval by the City Commission. Such Rules and Regulations shall be known as the Administrative Rules and Regulations for Police Towing Permit. The last revision to the Rules and Regulations was effective October 1, 1983. The last revision to the towing rates included in the Rules was effective October 1, 1986 (Resolution #86-18437). BACKGROUND The Police Department of the City of Miami Beach has requested certain revisions to the Rules to bring them into line with Florida Statutes, more clearly define responsibilities, and improve reporting procedures. Further, the revised rules contain revised towing rates pursuant to Resolution # 86-18437. The three (3) Perm ittees have been provided with a copy of the proposed revised Rules and Regulations. The principal changes to the Rules are as follows: PROPOSED SECTION NO # CHANGE TO 10 Establishing responsibility of the Police Department for obtaining vehicle ownership and notifying Permittee. 11 Vehicles seized for forfeiture Permittees to hold such vehicles at no charge to the City for fourteen (14) days. 12 Release of vehicle only to registered owner of vehicle or authorized agent. Notice to Police Department prior to sale and reporting after sale by Per m ittees. 14 Permittees to provide an invoice for every vehicle towed including description, date and time towed, location towed from and to, date and time released, and itemized charges. 16 Complaints and disputes expanded to include misconduct of Permittee. RATE SCHEDULE: Deletion of $10.00 charge for Title Search and/or Impound Notification (title search now Police Department responsibility - see 10 above). ADMINISTRATION RECOMMENDATION That the City Corn mission approve the revised Administrative Rules and Regulations for 11 Police Towing Permits. AGENDA 1 \ - R W P/W'CEJ D/T M P/ses ITEM DATE R RULES AND REGULATIONS GOVERNING POLICE TOWING PERMITS CITY OF MIAMI BEACH POLICE DEPARTMENT 1;-.! AGENDA ITEM -�-�- ' DATE 7 - 7-.2 • 1 . COMMUNICATION SYSTEM The permittee shall provide his own two-way radio communication system. The communication system shall be between the permittee' s base station and service trucks utilized in providing police service. 2 . STORAGE FACILITIES The permittee shall have available outside storage for approximately seventy- five (75) vehicles. Said storage area will be enclosed in accordance with applicable zoning requirements to assure maximum security for impounded vehicles. 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. Cars designated for outside storage shall be charged at the outside storage rate. If the permittee prefers to use inside storage he shall NOT charge a higher rate than outside storage rate. • 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. Storage must be within the city limits of Miami Beach. ALL VEHICLES SHALL BE STORED INSIDE THE DESIGNATED STORAGE FACILITY AT ALL TIMES. 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 process- ing 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. In any such instance the City of Miami Beach and the Miami Beach Police Department shall not be held responsible in 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. 4 . PROTECTION OF IMPOUNDED VEHICLES AND PROPERTY The permittee shall assume total responsibility to insure 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 equip- ment 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, he will so note it on the Vehicle Storage Receipt and the permittee shall be required to completely cover the vehicle 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 prior to any such change. -1- 13 • 6 . REQUEST FOR TOW SERVICE All police requests for tow service and removal of traffic hazards shall be made through the Miami Beach Police Department. The Miami Beach Police Department reserves the right to cancel a request for services of a partici- pating permittee at any time including up to the time of hook-up. 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. 7 . DELAYS The permittee shall respond to requests for police service made through Miami Beach Police Department communications within a reasonable period of time. The permittee shall respond within twenty (20) minutes of receipt of request, for service or notify the police communciations center of the estimated time • of delay and the reasons therefore. In the event of delay 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 the police department. In addition, the permittee shall make available adequate personnel to staff his 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 police officer. It is the duty of the police officer on duty to determine when a vehicle should be impounded and the tow truck operator shall abide by his decision. 10. IMPOUND REPORTS/OWNER NOTIFICATION The police officer on the scene will be responsible for obtaining the infor- mation required for the Vehicle Storage Receipt. The wrecker driver shall not remove a vehicle from the scene without a copy of the Storage Receipt. If, at the time of impounding, the name and address of the registered owner is not available, it shall be the responsibility of the police department to supply this information as soon as possible. The permittee shall be responsible for notifying the registered owner or his agent, and any lienholders, of the where- abouts of the vehicle within 24 hours of impoundment if information has been supplied on Vehicle Storage Receipt. If it is necessary for the police depart- ment to contact the Department of Highway Safety and Motor Vehicles to obtain such ownership information, impound notice shall be given by the permittee within 5 days from the date of storage, and shall be by certified mail whenever telephone contact is not possible. The permittee shall maintain a log at his place of business listing date, time and method of notification, location towed from, and total towing and storage charges. 11 . VEHICLES SEIZED FOR FORFEITURE Vehicles seized for forfeiture pursuant to the Florida Contraband and Forfeiture Act shall be stored for a period of up to, but no more than fourteen (14) days WITHOUT charge to the city. After that time, if forfeiture proceedings are to be instituted, the vehicle shall be removed to a city storage area facility, and towing charged as per established rates. If forfeiture proceedings are not instituted, the owner of the vehicle may be charged for the storage and towing, in accordance with the established rates. -2- 14 12 . RELEASES The permittee shall directly release any vehicle which has not been marked "HOLD" provided the proper proof of identification and ownership is presented. Any vehicle towed which is marked "HOLD" cannot be released without written authority from the Miami Beach Police Department. The permittee shall release any vehicle towed at the request of the police department 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. When foregoing conditions cannot be met because of unusual or extraordinary circumstances, the Miami Beach Police Department will be authorized to approve the release in writing. All motor vehicles which have not been claimed must be disposed of according to state and county laws. The permittee shall be required to furnish a copy of public notice for sale, to the Police Chief or his designee, at least ten (10) days prior to the date of sale. The permittee will also be required within three (3) days after a sale, or if a title is surrendered for payment, to submit a detailed listing of the serial number of the vehicle, tow receipt number, year, make, model of vehicle, monies received, purchaser' s name, • address and local telephone number. 13 . EQUIPMENT Ownership 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 permittee on first priority and be so indicated in the agreements to be filed with the police department. Each permittee shall have available the following pieces of mobile equipment: 13.1 CLASS "A" WRECKER: One ton vehicle with a minimum GVW of 10,000 lbs. Quantity required - three (3) . Each vehicle must be equipped with: single boom - four (4) ton capacity (Holmes 440 or equivalent) , dual rear wheels, dolly and sling equipped, proper safety lights, amber rotating dome light, two (2) flood lights to rear, one (1 ) two-way radio. 13.2 CLASS "B" WRECKER: 1 1/2 - two (2) ton vehicle with a minimum GVW of 25,000 lbs. Quantity required - one (1 ) . Vehicle must be equipped with a dual boom - 16-24 ton capacity (Holmes 600+ or equivalent) , rear support jack, outriggers, proper safety lights, amber rotating dome light, two (2) flood lights to rear, one ( 1 ) two-way radio. 13.3 EQUIPMENT REQUIRED ON EACH VEHICLE: (a) Sand, (b) Heavy Duty Push Broom, (c) Two (2) Safety Cones, (d) Square Shovel , (e) Snatch Blocks , (f) Fire Extinguisher, 5 lb. dry chemical , Underwriter approved, (g) Flares and Fuses per F.S.S. , (h) Set of Tools to open locked doors , (i ) Tool assortment to change tires , drop drive shafts , pull transmission pins , etc. 14 . REPORTS AND FILES The permittee shall maintain at his place of business a file which will contain: 14.1 A Vehicle Storage Receipt of each impounded vehicle on his premises , along with Vehicle Storage Receipts, proof of ownership notification, and invoice of charges for all vehicles released. 14.2 A log of all calls for service by the police department on a weekly basis. -3- 15 • 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. 14.4 A log indicating vehicles to be auctioned, date of auction, name and address of owner and lienholder, 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 Numbered invoice for each and every vehicle towed by authority of the Miami Beach Police Department, indicating vehicle description, date and time towed, location towed from and to, date and time released, and itemized charges (filed with Vehicle Storage Receipt, Item 14.1 above) . All files , records and logs shall be available for inspection and checking during normal working hours by the Chief of Police or his designee. Permittee shall make available adequate workspace including, but not limited to, a chair and a table, for City personnel inspecting records. 15 . ETHICS AND CONDUCT The permittee shall conduct his 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. 16 . COMPLAINTS AND DISPUTES Any complaints received by the City of Miami Beach concerning 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. If the situation cannot be resolved, a recommendation for appropriate action shall then be forwarded to the City Manager. 17 . EMPLOYEES OF PERMITTEE Employees of the permittee shall be fingerprinted, photographed and issued identification cards by the Police Department. Such cards will be renewed annually from the date of issue and the permittee shall assume the nominal cost of same. A copy of each employee's Driver License shall also be kept on file in the 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 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 and organization sufficient to insure that they can properly execute the services required: -4- 14 • • 19.1 To receive consideration, applicant must identify a base of operation and an auto pound located witOthe 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 him from respon- sibility. 20 . ADDITIONAL REQUIREMENTS 20.1 Permittee shall provide standardized, printed, sequentially numbered, city designed invoice forms listing the nature of the work performed by him, for the exclusive use of police 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. These records shall be subject to inspection by the Chief of Police or his representative during normal business hours. 20.3 Permittee must post a city-approved sign indicating charges authorized by the city. The sign must be in minimum one-inch lettering, with contrasting background, permanently posted in the area where the charges are paid to the permittee. 20.4 Permittee shall comply with all written procedures as issued from time to time by 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 . VEHICLE CLASSIFICATIONS - DEFINITIONS MOTORCYCLES CLASS 1 Includes all two or three-wheeled vehicles commonly used for transport of one or two persons. PASSENGER VEHICLES CLASS 2 Includes sedans , compacts, station wagons, dune buggies , jeep-type vehicles , including all two-passenger four-wheeled vehicles. OTHER VEHICLES UP TO 4 TONS GVWCLASS 3 ALL VEHICLES OVER FOUR (4) TONS MFR'S GVW NOT COVERED BY THE ABOVE CLASS 4 22 . RATE SCHEDULE The following rates shall be maximum rates. Rates covering services not indicated below are prohibited without advance written approval of the City Manager. Current Rate Schedule - See Following Page -5- 17 • RATE SCHEDULE The following rates shall be maximum rates. Rates covering services not indicated below are prohibited without advance written approval of the City Manager. TOWING CHARGES CLASS 1 $ 25.00 CLASS 2 35.00 CLASS 3 40.00 CLASS 4 50.00 To include use of flat bed where required MILEAGE Within City No Charge Outside City $ 2.00 per mile All Classes USE OF DOLLY $ 20.00 DISCONNECTION OF TRANSMISSION LINKAGE $ 15.00 All Classes REMOVAL FROM WATER CLASS 1 $ 25.00 plus $50.00 per hour, CLASS 2 50.00 plus 50.00 per hour, CLASS 3 75.00 plus 50.00 per hour, i CLASS 4 100.00 plus 50.00 per hour, TURNOVER SURCHARGE CLASS 1 $ NO CHARGE . • CLASS 2 25.00 CLASS 3 50.00 CLASS 4 100.00 STORAGE CLASS 1 $ 5.00 per day CLASS 2 8.00 per day first two days 10.00 per day thereafter CLASS 3 7.00 per day CLASS 4 10.00 per day plus $3.00 per day for inside storage when required NOTE: STORAGE RATE FOR CITY CONFISCATED VEHICLES TO REMAIN $5.00 PER DAY ROAD SERVICE (to include jumpstart, delivery of gas, door opening, tire change-when there is no tow) $ 15.00 TOWING FROM SAND CLASS 1 , 2, 3 $ 50.00 CLASS 4 75.00 UNLOCKING DOORS ON NEW CARS $ 5.00 all cars 1979 or newer *SCUBA DIVING CHARGE -6- lc; 23 . RESPONSIBILITY FOR PAYMENT The motor vehicle operator or owner is responsible for payment of charges imposed by the permittee in accordance with the permit rate schedule. 23. 1 The City of Miami Beach 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 by the City of Miami Beach and the Police Department. 24 . FORWARDING REPORTS TO POLICE DEPARTMENT The permittee shall be responsible for forwarding to the Police Department by 3 PM 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 on a weekly basis. 24.3 Original Impound/Notification Log for previous week. 24.4 Original log completed prior to vehicle auctions. 24.5 Copy of Public Notice of auction (10 days prior to auction) . 24.6 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 permit, to show to the complete satisfaction of the City Manager that he has the necessary facilities, ability, and financial resources, to furnish the services as specified herein in a satisfactory manner, and he may also be required to show past history and references which will enable the City Manager to satisfy himself as to his qualifications. Failure to quality according to the foregoing requirements will justify the City Manager in rejecting his application. 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 his 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 his 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, his servants or agents , resulting in either bodily or personal injury or property damage to any individual , firm, or corporation. -7- 19 • 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 so through recommendation of the City Manager, and approval of the City Commission. The only change in the Rules and Regulations that may be requested by the permittee are changes in the Rate Schedule. This may be done through Commission Amendment, on/or about October 1 each year, after the 30 days written notice given to the City of Miami Beach and the Police Department. 29 . ENFORCEMENT OF THE RULES AND REGULATIONS • If at anytime the permittee fails to fulfill the Rules and Regulations set forth, or if there have been three (3) or more letters of complaint filed on a permittee with the City of Miami Beach or with the Police Department, the Chief of Police and/or the Contract Manager may request that the permit be suspended by the City Manager until such time that the violation(s) and/or complaints can be investigated and a decision made to reinstate the permit. Notice of violation(s) will be sent to the permittee via Certified Mail , Return Receipt Requested. 30 . INSPECTIONS All records, equipment, personnel , and storage facilities shall be subject to periodic checks by designated representative(s ) of the City of Miami Beach and/or the Police Department. 31 . 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; 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. 32 . GENERAL TERMS 32.1 Any vehicle released at the scene by the 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. 32.2 The permittee shall have no markings on his vehicles, building, or correspondence that indicates or tends to indicate any official relationship between the permittee and the City of Miami Beach or any police agency. 32.3 Nothing herein will prevent the owner of a vehicle from selecting his own tow service. -8- 20 nw 10/86 • 1NSURANCE REQUIREMENTS See Insurance Check List for applicability to this Permit The permittee shall be responsible for his work and ever materials, tools, appliances and Y part thereof , and for all property of every description, used in connection therewith. He shall specifically and distinctly 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 . The permittee shall , during the continuance ur the .vork under thi; permit , including extra work in connection therewith: Maintain Workmen 's Compensation and Employer 's Liability Insurance to meet the Statutory requirements of the State of Florida , to protect themselves from any liability or damage for injury, ( including death) , to any of their employees , including any liability or damage which may arise by virtue of any Statute or Law in force or which may hereafter be enacted. Maintain General Liability Insurance in amounts prescribed by the City 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. Any additional coverages required as indicated on Insurance Check List are part of this permit . Maintain Automobile Liability Insurance including Property Damage covering all used or operated automobiles and equipment used in connection with the work. • 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 A:X or better, per Best 's Insurance Guide latest edition or its equivalent. There shall be attached an endorsement to save and hold harmless the City from any liability or damage whatsoever in accordance with the following form endorsement which forms a part of this permit . When naming the City of Miami Beach as an additional insured onto your 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 . An endorsement to the policy (ies ) shall be issued accordingly , and the certificate will state the above. • 21 •.1‘.: • Er1DORSEI*r1T The insurance coverage shall extend to and include the following permit 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 inuries to the public in and up to the amount of W30,000.00 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 with an aggregate of WS10,000.00 per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the permittee , his agents, servants , or employees , or through the mere existence of the project under permit. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach , its officers , aytnts , and employees as determined by a court of competent jurisdiction. The permittee shall specifically and distinctly assume all responsibility for reporting any and all operations per- formed or to be performed under any existing permit made by or on behalf of the assured and the City of Miami Beach. It is understood and agreed that is at all times herein acting as an indepe7ndnnt Ne► mTe— —(Firm Name) Original , signed Certified Insurance Certificates evidencing suc:i insurance and such endorsements as prescribed herein shall be filed by the perwittee before work is started, with the City of Miami Beach Contract Administrator. THE CERTIFICATE MUST STATE BID NUMBER AND TITLE. Products and Completed Operations Liability shall be provided for as stated in the insurance Check List. The permittee will secure and maintain policies of sub-lessees . All policies shall be made available to the City upon demand. No change or cancellation in insurance shall be made without thirty ( 30) days written notice to the City of Miami Beach Contract Administrator. Insurance coverage required in these specifications shall be in force throughout the permit term. Should any awardee fail to provide acceptable evidence of current insurance within seven ( 1) days of receipt of written notice at any time during the permit term, the City shall have the right to consider the permit breached and ,justifying the termination thereof. f.rmq.ilianr.e by the permittee and all sub-lessees with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the permittee and all sub-lessees of their liabilities and obligations under this heading or under any other Section or Provisions of. this Permit . 22 1( ./1:Flirpp'ermittee shall take note of the HOLD HARMLESS AGREEMENT contained in this (4 ; permit and will obtain and maintain permittee 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 this this permit operation. Further, the permittee will notify his insurance agent without delay of the existance of the HOLD HAPLESS AGREEMENT contained within this permit , and furnish a copy of the HOLD HARMLESS AGREEMENT to the insurance agent. The City shall be named as additional insured on tht- (Automobile and General Liability) policy ( ics) with proof to be stated on the Certificate provided to the City and this coverage to be primary to all other coverage the City c ossesses . SUPERVISION Any Liability Insurance provided under this permit shall not contain a supervision, inspection, engineering services exclusion which would preclude the City from super- vising and/or inspecting the project as to the end result . The permittee shall assume all on the job responsibility as to the control of persons directly employed by him and of the sub-lessee and person employed by the sub-lessee. COOPERATIVE USAGE AND LEASING OF EQUIPMENT Nothing contained in the specifications shall be construed as creating any contractual relationship between any sub-lessee and the City. The permittee shall be as fully responsible to the City for the Acts and Omissions of the sub-lessee and of persons employed by them as he is for Acts and Omissions of persons directly employed by him. PROTECTION_ Precau it on shall be exercised at all times for the protection of persons , ( including employees) and property. All existing structures , utilities , road services , trees, shrubbery, etc . , shall be protected against damage or interrupted service at all times by the permittee during the term of the permit , and the permittee shall be held responsibile for any damage to the property occurring by reason of his operation on the property. INSURANCE EXCEPTION If bidder does not meet the insurance requirements of the specifications , alternate insurance coverage, satisfactory to the Insurance Manager, may be considered. CROSS LIABILITY It is understood and agreed that the inclusion of more than one insured under this policy shall not restrict the coverage provided by this policy for one insured here- under with respect to a liability claim or suit by another insured hereunder, or an employee of such other insured, and that with respect to claims against any insured hereunder , other insureds hereunder shall be considered members of the public ; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance use, occupany or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use or occupancy of the insured against whom claim is made, or suit is filed. • 23 • PREPARATION OF APPLICATION A- SUBMISSION: Application forms are furnished in triplicate . Original and one copy shall be submitted to the City Manager properly signed in ink . 0- Before submitting his application, each applicant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting full performance under the permit. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful applicant from his obligation to comply in every detail with all provisions and requirements of the permit , or will be accepted as a basis for any claim whatsoever for any monetary consid- eration on the part of the applicant. C- If the applicant is a corporation , the application (and addenda , if any) shall be signed in the name and under the seal of the corporation by a duly authorized officer of the corporation with the designation of his official capacity. The signature shall be attested properlyThe ication shall show • in which the corporation is chartered. If itispalforeign corporation,he thetate application shall show whether or not it is licensed to transact business in Florida . There shall be submitted with the application, the name and home address of principal stockholders and a list of officers and Board of Directors. Prin- cipal stockholders shall be deemed to be those who own ten percent ( 10%) or more of the outstanding issued stock . If no stockholders own 107, or more of the outstanding stock , then a list of officers and Board of Directors shall be submitted. D- If the applicant is a partnership , the application snall be signed in the name or style under which the organization is doing business , by a partner. The name , home address and telephone number of each partner shall be shown on the proposal . E- In every case, the application shall show the present business address of the applicant at which address communications will be received and service of notices accepted. REJECTION OF APPLICATION Applications that contain omissions , erasures , alterations or additions not called for, conditions not called for, or that are irregular in any way , may be rejected as insufficient . The City, however, reserves the right to waive technical errors and informalities as may be deemed best for the interest of the City. Among the factors which may be considered as determining the responsibility of an applicant and the acceptance or rejection of his application are the following : A- More than one application from an individual firm or corporation under the same or different names . 0- Evidence of collusion among applicants , or that any applicant has been found guilty of collusion in former dealings with the City . C- Lack of qualifications as revealed by statements required as to financial condition , experience and available equipment . 0- Unsatisfactory performance record as shown by former dealings with the City of Miami Beach or others . The City shall be the sole judge of performance. 2.4 APPLICATION • Application Page 1 of 6 F O R POLICE TOW / NG SERVICES PERMIT INSTRUCTIONS : Applicants must present evidence that they are fully competent and have the necessary facilities, experience and pecuniary resources to fulfill the conditions of the permit. Failure to submit this information form with all questions completely answered may disqualify the applicant. EXPERIENCE REQUIREMENTS The applicant warrants that the individual firm, partnership, or corpora- tion or its parent company making application, has been in continuous existence for a period of the past two (2) years, or more. The information furnished below is necessary for completing the application. PLEASE PRINT OR TYPE IN BLANK SPACES If applicant is (a) an individual, (Full Name) use paragraph (a) and ignore residing at: paragraphs (b) (Street, City and Zip Code) and (c) . and doing business at: (Street, City and Zip Code) and is sole owner of, and doing business as: If applicant is (b) A Commercial co-partnership composed of the a partnership following partners: use paragraph 1 . (b) and ignore (Give Names and Addresses of all applicants) paragraphs (a) and (c) . 2 • 3 . doing business as: (Trade Name) domiciled at: (Street, City and Zip Code) in the state of and which application will be signed by: (Name of Co-partner) a member of the co-partnership. (continued) 2'J • Application Page 2 of 6 If applicant is a (c) A corporation organized under the laws of the corporation use paragraph (c) and State of domiciled at: ignore paragraphs (a) and (b) . (City and State) authorized to do and doing business in the State of Florida, whose name and address is: (Name of Corporation) (Street, City and Zip Code) and which application will be signed by: Officer who signs application must furnish Notary with an extract of minutes of corporation' s Board of Directors showing his authority to act for the corporation. Application Page 3 of 6 NAME, TITLE, RESIDENCE , AND HOME TELEPHONE NUMBER of all officers and principal stock- holders (principal stockholder is defined as a holder of more than ten percent (10%) of the outstanding issued stock) of this corporation. BANK REFERENCES : Bank Address 27 SIGNED : Application Page 4' of 6 TOW TRUCXS TO BE USED CLASS "A" WRECKER CLASS "g" WRt Item M1 *2 #3 #1 CAB/CHASSIS MFR. CAB/CHASSIS YEAR WRECKER MODULE MFR/NO. WRECKER MODULE YEAR IS VET4ICLE OWNED BY APPLICANT? IF ANSWER TO ABOVE IS 'NO" ATTACH COPY OF AGREEMENT WITH VEHICLE OWNER FOR VEHICLE USE UNDER THIS CONTRACT. LOCATION OF STORAGE FACILITIES: (1) Pound or Pounds, outside sto:ac+e for 75 vehicles (Use additional sheets for other sites which may be used) Location: (a) Street Adare:t3: Legal Description: Property Owner: Dimenaions: by Maximum n;umbcr o2 vehicle:. _o b. sta_ad: Vehicles (b) Street Addre:.ss Legal Description: Property Owner: Dimensions: by Maximum number of vohicicis to be stored: Vehicles (c) Indicate Total Capacity of all other facilities (Pounds) available: Total Capacity (2) Maximum Security Inaide Ste".:cJ3 (a) Street Address: Legal Description: Property Owners Dimensions: by Area: Square Feet APPLICANT: r SIGNED: Application Page 5 of 6 List names and locations at which applicant has previously operated a business of this type or nature, together with dates of operation: TYPE OF OPERATION NAME LOCATION DATES List names and addresses of persons with whom applicant is now negotiating or with whom he has had contracts for the operation: OPERATION NAME ADDRESS Person or persons interested in this permit have (have not) had concessions licenses or agreements for an operation of this type canceled before expiration date. (Strike out inappropriate words: have ( ) have not ( ) . If so, give details on separate sheet. APPLICANT: SIGNED: Application .page 6 of 6 CITY Of MIAMI BEAC!! INSURANCE CHICK ,I.r - TOWING PERMIT Items marked "X' are r See section a required under this bid entitled "Insurance and any permit awarded. NSU eauiremants- X 1• woR1QR'S LIMITS (fianres denote TATEminimums) COMP�SATION AND ENILOYEIt'S STATpTORY LIMITS Or LABILITY (COMPANY MUST BE LICENSED TO DO BUSINESS IN STATE Or FLORIDA) Of FLORIDA TSB STATE 2. GENERAL LIABILITY PRE'1ISES OPERATIONS (M&C OR OL&T ARE MU/RED) INCLUDED r'_"�Y •"_.' `E PRODUCTS AND COMPLETED OPERATIONS ;f00,000 Single Limit Dodil INDlPElNDEhT CONTRACTORS (O,C.P.) Injury & Property Damage Combined. INCLUDED ELEVATORS INCLUDED SUPERVISIONN EXCLCSION DELETED PERSONAL INJURY LIABILITY 3• BROAD FORM PROPERTY DAMAGE INDORSEMEINT X 4. CONTRIICTVAL IND Q4aITY/MOLD HARMLESS ENDORSEMENT' EXACTLY AS WRITTEN IN $500,000OR "INSURANCE REQUIREMENTS" SECTION OF ;1,000,000 Single L1ait Bodily THESE SPECIFICATIONS Injury & Property DamageCombined. �S. AUTOMOBILE LIABILITY OWNED AUTOMOBILES INCLUDED ;100/3CC,000 $ 50,000 NON-OWNED AUTOMOBILES INCLUDED Each Occurrence HIRED AUTOMOBILES INCLUDID 6. UMBRELLA L/A BILITY $1,000,000 $1,000,000 X (Including Primary, Coverages) 7. GARAGE LIABILITY 3100/300,000 $ 50,000 GARAGE7CEEPER'S LEGALEach Occurrence • LIABILITY ,I X 9. MAX=D AS ADDITIONAL INSURED ON (AUTOMOBILE & GARAGE LIABILITY) POLICY(IES) . THIS COVERAGE PRIMARY AND EXCESS OVER ALL OTHER COVERAGE THE CITY POSSESSES FOR THIS SPECIFIC CONTRACT ONLY. _10. TEACHERS' PROFESSIONAL LIABILITY 11. DRAM SHOP EXCLUSIO DELETED, & LIQUOR LEGAL wiLL BE X 12. CROSS LIABILITY CR SEVERABILITY OF INTERESTSLClAUSETY ENDORSEMEN?ROVIDED. 13. XCV PROPERTY DAMAGE EXCLUSION DELETED AND THIS COVERAGE MILL BE PROVIDED. _14. FIRE LEGAL LIABILITY X 15. AN ENDORSEMENT SHALL BE ISSUED STATING THAT TEE CITY MILL NOT BE LIABLE FOR THE PAYMENTS FOR ANY PREMIUMS OR ASSESSMENTS OH ANY POLICIES ON WHICH IT IS NAE X16. OTHER INSURANCE AS INDICATED BELOW, Automobile Hazard 7 _ 17. TEl (30) DAYS CANCELLATION NOTICE REQUIRED X 1e. BEST'S GUIDE RATING: A,X OR BE'T'TER, OR ITS EQUIVALENT X 19.__Certificate must indicate "Towing Permit" BIDDER AND INSU MSC= AGENT STATEMENT, Me understand the Insurance Requirements of these specifications and that evidence of insurability may be required within five (5) days Aoolicant INSURANCE AGENCY 8lgnature Signature Aq.nt CITY Or MIAMI BEC 3U ORIGINAL RESOLUTION NO, 86-18709 (Amending the Rules and Regulations govern- ing Police Towing Permits as referenced to in Section 44-53 of the City Code of the City of Miami Beach)